Ferris v. Douglass
New York Supreme Court
The plaintiff sued out a writ in the nature of a writ of error tor am nobis, to reverse a judgment rendered against him by default, and which was docketed 6th January, 1837. The writ of error was filed in the office of one of the clerks of this court on the sixth day of May, 1839. The plaintiff assigned as error in fact, infancy at the time of the rendition of the judgment.
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The plaintiff sued out a writ in the nature of a writ of error tor am nobis, to reverse a judgment rendered against him by default, and which was docketed 6th January, 1837. The writ of error was filed in the office of one of the clerks of this court on the sixth day of May, 1839. The plaintiff assigned as error in fact, infancy at the time of the rendition of the judgment. A motion was made to quash or set aside the writ; it appearing that it had not been ordered or allowed by the court, that there was no certificate of counsel on file, and that bail in error had not been put in. In…
1Opinion of the Court
By the Court, Bronson, J.
We have already had occasion to say that this writ, for error in fact in this court, is not abolished. Smith v. Kingsley, 19 Wendell, 620. But some parts of the statute concerning writs of error do not apply. A certificate of counsel, that there is error in the record and proceedings is not necessary. The statute requiring bail in error does not extend to this writ. This is agreed in all the books.
The writ can only be issued on motion to this court, and cause shown by affidavit. It must appear with reasonable certainty, that there has been some error in fact, before…
2Cases cited1 opinion
- Smith v. KingsleyNew York Supreme Court · 1838
3Cited by9 opinions
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- Maher v. ComstockNew York Supreme Court · 1845
- Comstock v. Van SchoonhovenNew York Supreme Court · 1845
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