Comstock v. Van Schoonhoven
New York Supreme Court
a rule was made by the Supreme Court in each of these causes as follows: “After hearing counsel for both parties, on Defendant’s motion, ordered that a writ of error issue in this cause unless the Plaintiff shall vacate the judgment within twenty days, in which case no writ is to issue and no costs are to be allowed to either party, but if the judgment be not vacated, and notice given within said twenty days, a writ of error may issue, and in that event costs are to abide…
Read the full summary
a rule was made by the Supreme Court in each of these causes as follows: “After hearing counsel for both parties, on Defendant’s motion, ordered that a writ of error issue in this cause unless the Plaintiff shall vacate the judgment within twenty days, in which case no writ is to issue and no costs are to be allowed to either party, but if the judgment be not vacated, and notice given within said twenty days, a writ of error may issue, and in that event costs are to abide the event.” On the 24th of April, 1847, writs of error coram nobis, to annul or revoke the judgments recovered by the…
1Opinion of the Court
Harris, Justice.
The proper decision of the motion to set aside these writs involves the question whether they are in fact “ writs of error I It is provided by the Eevised Statutes (2 E. S. 595, § 26) that “no writ of error shall be allowed in any case, unless the party prosecuting such writ with two sufficient sureties shall become bound, &c. The language of this section is imperative—there is no exception—no writ of error is to be allowed without bail. If, then, these writs are writs of error, they are within the terms of the statute, and no bail having been given, they were irregularly…
2Cases cited5 opinions
- Davis v. PackardCourt for the Trial of Impeachments and Correction of Errors · 1830
- Dewitt v. PostNew York Supreme Court · 1814
- Camp & Ball v. BennettNew York Supreme Court · 1836
- Smith v. KingsleyNew York Supreme Court · 1838
- Ferris v. DouglassNew York Supreme Court · 1839