Rew v. Barker
New York Supreme Court
Error, from the Common Pleas of the county of Onon- - mt . , . . . , _ , _ daga. The action was brought, in the Court below, by Barker against Rew, on a warranty of title in a horse, bought by Barker of Rew. . A verdict having been found for the plaintiff, a motion was made for a new trial, on a case. The motion was denied, and leave given, by the Court, to turn . . , _. , . , , the case into a special verdict; on which the present writ error was brought.
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Error, from the Common Pleas of the county of Onon- - mt . , . . . , _ , _ daga. The action was brought, in the Court below, by Barker against Rew, on a warranty of title in a horse, bought by Barker of Rew. . A verdict having been found for the plaintiff, a motion was made for a new trial, on a case. The motion was denied, and leave given, by the Court, to turn . . , _. , . , , the case into a special verdict; on which the present writ error was brought. In making up the special verdict, the purchase of the horse was, by mistake, stated to have been on the 19th November, 1819, being after…
1Opinion of the Court
Curia.
The delay of,making this motion is fully accounted for; and the objection, of laches, fails. It is true, as contended, that here is a joinder in error, which admits the return to be perfect. It is, therefore, too late to allege diminution.| and no certiorari can be awarded. But that objection does not reach the case. The office of a certiorari is to bring Up matter of record, omitted in the return. The object here, is to amend, by the alteration of a date, in such a manner as plainly to subserve the ends of justice; and we think the case of Tully v. Sparkes, (2 Ld. Raym. 1570; 2 Str.…
2Cases cited2 opinions
- Pease v. MorganNew York Supreme Court · 1811
- Tillotson v. CheethamNew York Supreme Court · 1808
3Cited by6 opinions
- McClure-Mabie Lumber Co. v. BrooksWest Virginia Supreme Court · 1899
- Judson v. GrayNew York Court of Appeals · 1859
- McCready v. LindenbornNew York Supreme Court · 1898
- O'Flynn v. EagleMichigan Supreme Court · 1860
- Talcott v. RosenbergNew York Court of Common Pleas · 1870
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