Dyett v. Peneleton
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court, on a judgment there, for damages and costs, in favor of Pendleton against Dyett. moved that the writ of error be quashed, on the ground that no bail in error having been put in, a fi. fa. was issued and levied; and the suit settled by certain negotiable promissory notes, given by the defendant below; the judgment to stand as,security. The notes were at three, six and nine months.
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On error from the supreme court, on a judgment there, for damages and costs, in favor of Pendleton against Dyett. moved that the writ of error be quashed, on the ground that no bail in error having been put in, a fi. fa. was issued and levied; and the suit settled by certain negotiable promissory notes, given by the defendant below; the judgment to stand as,security. The notes were at three, six and nine months. Proof of the settlement was by the affidavit of the defendant in error; and the deputy who held the fi. fa. read an affidavit of the plaintiff m error, denying that the notes .were…
1Opinion of the Court
[Colben,- Senator.-
But the defendant in error denies that -, this-suit was settled by.-the notes. He says the right to go on with the writ-of error, -was expressly reserved by him-.- This: would seem to destroy the effect which you attribute to the settlement. It goes" to contradict your *327*case. How are we to satisfy ourselves that the parties in- „ , , . . „ -mi „ . tended to dispose of this writ of error i The fact is dis-r
Dunlap. The court should at any rate give us a chance to try the fact. Here is testimony independent of the parties. A jury would of course be with us; or this court can…
2Cited by5 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Garner v. PrewittSupreme Court of Alabama · 1858
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Rea v. MinklerNew York Supreme Court · 1871
- Monnet v. MerzThe Superior Court of the City of New York and Buffalo · 1892