Cheetham v. Tillotson
Court for the Trial of Impeachments and Correction of Errors
THIS cause came before the court, on a writ of error, from the supreme court. The suit below was for a libel, in which the plaintiff in error suffered a judgment by default, on which damages were assessed by a jury, and final judgment thereon entered in the supreme court, in November term, 1806. (See 2 Johns. Rep. 63.) Errors were assigned at the last session of this court, and there was a joinder in error.
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THIS cause came before the court, on a writ of error, from the supreme court. The suit below was for a libel, in which the plaintiff in error suffered a judgment by default, on which damages were assessed by a jury, and final judgment thereon entered in the supreme court, in November term, 1806. (See 2 Johns. Rep. 63.) Errors were assigned at the last session of this court, and there was a joinder in error. The defendant in error, afterwards, moved in the court below, to amend the original record, and that court ordered the amendments to be made accordingly, on payment of costs. (See 3 Johns.…
1Opinion of the Court
The Chancellor.
A motion has been made to send back the transcript of the record, returned on the writ of error in this court, to the supreme court, to be amended, on a suggestion on the part of the defendant, that-*502several of the matters assigned for error, have been amended in the record remaining in the supreme court.
To this it is objected: 1. That as the errors are formal, this court will disregard them; and that, therefore, it is not necessary to delay the parties, by sending down the transcript.
2. That the defendant is too late after joinder in error. As to the first point, the suggestion…
2Cited by11 opinions
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- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Colden v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1823
- Wells v. CoxNew York Court of Common Pleas · 1865
- Williams v. WheelerNew York Supreme Court · 1847
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