Blunt v. Greenwood
New York Supreme Court
Blunt, moved for a mandamus to the Judges of the Court ©f Common Pleas of the City and County of New-York, commanding them to vacate a rule, granted at the \ast February term of that Court, setting aside a fieri facias, upon a judgment of the January term preceding, in favour of Blunt Against Greenwood. It appeared, by the affidavits, that the judgment, upon which the fieri facias issued, was perfected the 11 th of January last, which was Saturday.
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Blunt, moved for a mandamus to the Judges of the Court ©f Common Pleas of the City and County of New-York, commanding them to vacate a rule, granted at the \ast February term of that Court, setting aside a fieri facias, upon a judgment of the January term preceding, in favour of Blunt Against Greenwood. It appeared, by the affidavits, that the judgment, upon which the fieri facias issued, was perfected the 11 th of January last, which was Saturday. On the 16th of the same month, a bill of exceptions, taken by Greenwood, upon the trial of the cause, was sealed, and on the day following, was…
1Opinion of the Court
Curia.
In this ease the four clear juridical days, Which are allowed for bringing d writ of error, had not elapsed when execution issued. But here is no irregularity. Though the defendant has four days to bring error, the plaintiff may, in the mean time, issue execution, at his peril, Which is subject to be superseded, by filing a Writ of error, and putting in bail. (Brisban & Brannon v. Caines, 11 John. Rep. 197.) But it is objected, that here is no writ of error ; and this draws in question the construction of the statute. (Sess. 38, ch. 38, s. 1.) As far as we can learn, the practice under…
2Cases cited5 opinions
- United States v. Hanford & ElyNew York Supreme Court · 1821
- Blanchard v. MyersNew York Supreme Court · 1812
- Hoffman v. DuelNew York Supreme Court · 1809
- Dickson v. SeelyeNew York Supreme Court · 1810
- Brisban v. CainesNew York Supreme Court · 1814
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- Hays v. HarleySupreme Court of South Carolina · 1817
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