Higbie v. Comstock

By the Court, Beardsley, J.

The defendant moves for the allowance of a writ, in the nature of a writ of error coram nobis, to revoke a judgment rendered against him by this court, for error in fact, to wit, that he, being an infant, appeared and defended by attorney and not by guardian. Such a writ does not issue of course but upon sufficient cause shewn. In Ferris v. Douglass, (20 Wend. 627,) Bronson, J. said, “ the writ can only be issued on motion to this court, and cause shown by affidavit. It must appear with reasonable certainty that there has been some error in fact before the writ will…