Seaman v. Drake
New York Supreme Court
A motion had been made last term, on the part of the defendant’s bail, to vacate the judgment and all subsequent proceedings. The facts of the case were these: In April term, 1800, final judgment had been regularly entered, and a copias ad satisfaciendum against the body had issued.
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A motion had been made last term, on the part of the defendant’s bail, to vacate the judgment and all subsequent proceedings. The facts of the case were these: In April term, 1800, final judgment had been regularly entered, and a copias ad satisfaciendum against the body had issued. In July term following the-writ was returned cepi corpus in custodiara; on which the defendant applied to set aside the judgment and execution on an affidavit of merits, and that his attorney, who resided two hundred miles back, did not know of the alteration in the rules of practice, by which the defendant was to…
1Opinion of the Court
The Court
then said, on the first point, we consider the omission of the clerk’s signature as an error of our officer. (a) This ought not to prejudice the plaintiff, defendant, or any other person. The judgment was docketed as the statute requires,(b) and therefore, the world has the due and legal notice of its existence. On these principles, we, the last term, ordered an amendment nunc pro tune, and the same must be done now, by ordering the signature of the clerk to be added in the same *manner. On the [*10] other two points we will, as the counsel request it, hear them at a future day.
2Per curiam
On…
3Cases cited3 opinions
- Trumbull v. HealyNew York Supreme Court · 1840
- Post v. RileyNew York Supreme Court · 1820
- Scoffield v. LoderNew York Supreme Court · 1800
4Cited by9 opinions
- Close v. GillespeyNew York Supreme Court · 1808
- Olcott v. LillyNew York Supreme Court · 1809
- Fawcett v. . VaryNew York Court of Appeals · 1875
- Hunt v. Grant & TrowbridgeNew York Supreme Court · 1838
- Williams v. WheelerNew York Supreme Court · 1847
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