Maynard v. Downer
New York Supreme Court
Error from the Madison common pleas, Maynard, by S'. Thomas his next friend, sued out a writ of error to reverse a judgment as in ease of nonsuit, rendered in the Madison common pleas against him, by which costs were awarded against him in favor of Downer.
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Error from the Madison common pleas, Maynard, by S'. Thomas his next friend, sued out a writ of error to reverse a judgment as in ease of nonsuit, rendered in the Madison common pleas against him, by which costs were awarded against him in favor of Downer. He assigned infancy as error in fact, alleging that he appeared by attorney ; and at the time of his appearance in the action in the common pleas, and at the time of the rendition of the judgment, he was an infant within the age of 21 years, to wit, &c. To this assignment, the defendant in error pleaded that Maynard, of his own wrong and…
1Opinion of the Court
By the Court,
Sutherland, J.
This is an unusual, and I think, very informal mode of making up a record in a ease like this. The writ of error and subsequent proceedings should at least be stated by way of recital, if not set out more formally. The plea, however, in this case, states all perhaps that is necessary for the court to know in relation to those proceedings. For aught that appears, the fact of the plaintiff’s infancy never was disclosed to the defendant until the assignment of errors in this court; and that fact may not have been presented to the court below in any form. The fact…
2Cited by6 opinions
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- Teller v. WetherellMichigan Supreme Court · 1858
- Byrnes v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1905
- Weining v. SelittoNew Jersey Court of Chancery · 1936
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