Ex parte Ostrander
Court for the Trial of Impeachments and Correction of Errors
Motion for a mandamus. Judgment was rendered before a justice of the peace in favor of one Tremper against Ostrander, on the 11th March, 1845, for over $25 exclusive of costs, in a cause wherein issue had been joined.
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Motion for a mandamus. Judgment was rendered before a justice of the peace in favor of one Tremper against Ostrander, on the 11th March, 1845, for over $25 exclusive of costs, in a cause wherein issue had been joined. The defendant supposing the judgment would not have been rendered until the next day, because the justice, on the 8th of March when the trial was finished, had said he should take four days to give judgment, waited until the 22d day of March, when he made an affidavit and procured an allowance of an appeal to be endorsed, and on the 29th served the same with an appeal bond…
1Opinion of the Court
By the Court, Jewett, J.
There is no ground to say that the judgment before the justice must be deemed to have been entered on the 12th instead of the 11th day of March. It was competent for the justice to enter it on any day within four days after the cause was submitted to him for his final decision. (2 R. S. 247, § 124.)
The allowance of the appeal was not within the time prescribed by thé statute; it was on the eleventh day after the judgment was rendered. It should have been within ten days. (2 R. S. 258, § 187.)
No objection is made to the bond first given on the appeal, except that it…
2Cases cited4 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Jackson ex dem. Bleecker v. WiseburnNew York Supreme Court · 1830
- Barclay v. BrownNew York Court of Chancery · 1838
3Cited by8 opinions
- People ex rel. Lindgren v. McGuireAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Wheaton v. WestonCalifornia Supreme Court · 1865
- People ex rel. East Side Harlem Storekeepers Ass'n v. HylanNew York Supreme Court · 1922
- White v. BurkettIndiana Supreme Court · 1889
- State ex rel. Boeckler v. ThayerMissouri Court of Appeals · 1881
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