Waldron v. Green
New York Supreme Court
Error from the New-York common pleas. Green declared in the common pleas against Waldron and Gomez on a promissory note, and also on the common money counts. The defendants suffered a default, and the damages of the plaintiff were assessed by the clerk, no nolle prosequi being entered on the common counts. For this cause a writ of error was sued out by the defendants below.
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Error from the New-York common pleas. Green declared in the common pleas against Waldron and Gomez on a promissory note, and also on the common money counts. The defendants suffered a default, and the damages of the plaintiff were assessed by the clerk, no nolle prosequi being entered on the common counts. For this cause a writ of error was sued out by the defendants below. On a return t0 a certiorari it appeared that the damages had been assessed by the clerk, and that after the suing out of the writ of error, the plaintiff below obtained a rule in the common pleas allowing a nolle prosequi…
1Opinion of the Court
By the Court,
Marcy, J.
Two questions are presented on this record. The error for the correction of which the record is removed here, is the assessment of the plaintiff’s damages on a count on a promissory note, without entering a nolle prosequi on the common counts.
After the writ of error was brought, and before the record was certified, the plaintiff applied to the court below and obtained leave to enter a nolle prosequi on all the counts in the declaration, except that setting forth the promissory note, but he made no entry of a nolle prosequi upon the record. The record before us is now in…
2Cited by3 opinions
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