Legal Opinion
People ex rel. Stebbins v. Orleans Common Pleas
New York Supreme Court
Decided May 15, 1829PublishedCited by 2 opinions
Motion for mandamus. The common pleas quashed an appeal, because the bond omitted to state the day of the rendition of the judgment in the court below.
1Opinion of the Court
By the Court, Savage, C. J.
The common pleas erred. There was no variance between the bond and the justice’s return. The obligee can recover, without resorting to proof aliunde. Let an alternative mandamus issue.
2Cited by2 opinions
- People ex rel. Jewett v. Monroe Common PleasNew York Supreme Court · 1830
- Crary v. CarradineSupreme Court of Arkansas · 1842