Brisban v. Caines
New York Supreme Court
CAINES moved to set aside the issued in this cause, for irregularity. He read an affidavit, stating that judgment having Been given against .the defendant, he sued out a writ of error, which was filed with the clerk of this court on the 4th January last, and notice thereof given to the plaintiffs’ attorney; that on the 7th January, the plaintiffs’ attorney entered up the judgment, and a fieri facias was afterwards issued thereon, which having been received by the sheriff of…
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CAINES moved to set aside the issued in this cause, for irregularity. He read an affidavit, stating that judgment having Been given against .the defendant, he sued out a writ of error, which was filed with the clerk of this court on the 4th January last, and notice thereof given to the plaintiffs’ attorney; that on the 7th January, the plaintiffs’ attorney entered up the judgment, and a fieri facias was afterwards issued thereon, which having been received by the sheriff of Columbia, on the 13th January, must have been taken out on or before the 11th January, so that there were not four days…
1Per curiam
In the case of Lane and others v. Bacchus, (2 Term Rep. 44.) the court of K. B. decided, that if the writ of error is followed up immediately, by the plaintiff in error regularly putting in bail, it will operate as a supersedeas; but. if no bail is put in, the writ of error is a mere nullity; and the party may take out execution, after the allowance of the writ of error, and before bail is put in, at his peril; and if the writ of error is followed up regularly, the execution will be set aside.* And such is the practice of this court.
In the present case the writ of error was allowed the 4th of…
2Cited by1 opinion
- Blunt v. GreenwoodNew York Supreme Court · 1823