Lyme v. . Ward
New York Court of Appeals
Writ of error by Lyme to remove a judgment against him in favor of Ward and Goadby, in the New-York C. P. The writ of error was returned and filed with the clerk of this court on the 30th of June last.
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Writ of error by Lyme to remove a judgment against him in favor of Ward and Goadby, in the New-York C. P. The writ of error was returned and filed with the clerk of this court on the 30th of June last. On the same day the plaintiff in error served an assignment of errors, with notice that the defendant Ward, who had survived Goadby, was required to join in error within eight days, or be precluded : but an assignment of errors was not filed until the next day, the first of July. On the 11th of July, the plaintiff in error entered an order precluding the'defendant in error from joining in…
1Opinion of the CourtBronson, J.
The plaintiff in error was irregular in serving an assignment of errors before one had been filed: (Rule 4.) and the orders precluding the defendant from joining in error, and reversing the judgment, were therefore unauthorized. We are also of opinion, that the remittitur should not have been sent to the court below until the expiration often days from the reversal of the judgment. (Rule 20.)
As the defendant in error has been obliged to come here at considerable expense to get rid of an irregular proceeding, he ought to have costs on the motion, if we have any authority to give them. The…
2Cited by1 opinion
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