Legal Opinion

Clason v. Shotwell

Court for the Trial of Impeachments and Correction of Errors

Decided April 15, 1814PublishedCited by 17 opinions

THIS cause came before this court on a writ, of error from the supreme' court. For the facts in the case, and the judgment of the court below, see vol. 10. p. 304. . \ ■ The following was the form of the record and entry of iuda:- ... J J o ment m the supreme court; m which the cause was thus entilied : “ In the matter of Gilbert Shotmell.” After the placita in the usual form, the record proceeded as follows • iwiiows. 7 “ Westchester, SS.

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THIS cause came before this court on a writ, of error from the supreme' court. For the facts in the case, and the judgment of the court below, see vol. 10. p. 304. . \ ■ The following was the form of the record and entry of iuda:- ... J J o ment m the supreme court; m which the cause was thus entilied : “ In the matter of Gilbert Shotmell.” After the placita in the usual form, the record proceeded as follows • iwiiows. 7 “ Westchester, SS. “ Be it remembered, that, heretofore, to wit, in May term, in the year one thousand eight hundred and thirteen* to wit, on 'the sixth day of May, in the…

1Opinion of the Court

The Chancellor.

The preliminary question in this-cáse is, whether a writ of error will lie upon the matter before us.

Assuming the writ to have been properly brought, the questipn on -the merits, .though extremely simple, is, comparatively, of little moment; and was there no,-other ¡point for. discussion,,, I should have been silent, not from any doubt of my constitutional, right, as chancellor, to speak and decide on the case, but from motives of delicacy, as I- wish not to sit in review of decisions. assented to dr pronounced by mé, as- chief justice, in the court below.

But the point now…

2Cases cited4 opinions

  1. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
  2. Pitcher v. LivingstonNew York Supreme Court · 1809
  3. Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
  4. People v. ShawNew York Supreme Court · 1803

3Cited by17 opinions

  1. President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
  2. Pearson v. LovejoyNew York Supreme Court · 1866
  3. Battle v. . the Rochester City BankNew York Court of Appeals · 1849
  4. Colden v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1823
  5. Cline v. F. S. Harmon & Co.Washington Supreme Court · 1891

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