Dean v. Gridley
New York Supreme Court
Error from the Tioga common pleas. Dean and two others, commissioners of highways of the town of Candor, in March, 1829, sued Gridiey, an overseer of highways, in a justice’s court, and claimed of him a penalty of ten dollars for not causing the ■loose stones lying in the beaten track of the highways to be removed therefrom, charging him with having been duly elected an overseer of highways for the year 1828, for the thirtieth district of the town of Candor.
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Error from the Tioga common pleas. Dean and two others, commissioners of highways of the town of Candor, in March, 1829, sued Gridiey, an overseer of highways, in a justice’s court, and claimed of him a penalty of ten dollars for not causing the ■loose stones lying in the beaten track of the highways to be removed therefrom, charging him with having been duly elected an overseer of highways for the year 1828, for the thirtieth district of the town of Candor. The defendant pleaded the general issue. The cause was tried, and the plaintiffs had a verdict. The defendant appealed to the Tioga…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The counsel for the defendant in error makes one point which ought to be discussed preliminarily. It is that the bill of exceptions is dated May 6th, 18.11, one year after the trial. If the bill of exceptions was *256improperly settled or improperly dated, the practice of tins court is to require the party objecting to it to move to set it aside. There is good reason for this practice, viz. that if any mistake has happened, it may be amended and the party may not lose the benefit of his writ of error. The practice of the supreme -court of the United States seems to…
2Cases cited2 opinions
- Walton v. United StatesSupreme Court of the United States · 1824
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by8 opinions
- Willard v. BridgeNew York Supreme Court · 1848
- State v. HodgskinsSupreme Judicial Court of Maine · 1841
- Ex parte LaneDistrict Court, D. Michigan · 1881
- Bentley v. PhelpsNew York Supreme Court · 1858
- Ross v. HamiltonNew York Supreme Court · 1848
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