Colden v. Knickerbacker
Court for the Trial of Impeachments and Correction of Errors
jN error to the Supreme Court. The action in the Court below was assumpsit by Knickerbacker against Col den. The return to the writ of error contained, as usual, the judgment record only, by which it appeared that the plaintiff below declared against the defendant upon a promissory note, alleged to have been given by the defendant to one Squires, or order, for $570 54, dated Sept. 21, 1820, and payable one year after date.
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jN error to the Supreme Court. The action in the Court below was assumpsit by Knickerbacker against Col den. The return to the writ of error contained, as usual, the judgment record only, by which it appeared that the plaintiff below declared against the defendant upon a promissory note, alleged to have been given by the defendant to one Squires, or order, for $570 54, dated Sept. 21, 1820, and payable one year after date. The declaration, as appeared by the record, also contained the common money counts. Judgment passed against the defendant by default upon all the counts ; and, as it…
1Opinion of the Court
The Chancellor.
All the proceedings in the suit in the Supreme Court being returned, it appears that judgment was entered against the defendant by default, and that the proceedings passed through the offices of the Supreme Court, silently, in respect to the Judges, who were never asked to correct any irregularity, or to afford any relief to the party, who now assigns errors in those proceedings. The writ of certiorari issued, in order to bring into this Court all the proceedings not stated in the record, required any affidavits used on a motion to set aside the default, and any rules or orders…
2Cases cited6 opinions
- Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
- Clason v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1814
- Cheetham v. TillotsonCourt for the Trial of Impeachments and Correction of Errors · 1808
- Cheetham v. TillotsonCourt for the Trial of Impeachments and Correction of Errors · 1809
- Henry v. CuylerCourt for the Trial of Impeachments and Correction of Errors · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hicks v. MichaelCalifornia Supreme Court · 1860
- Port v. ParfitWashington Supreme Court · 1892
- Karns v. KunkleSupreme Court of Minnesota · 1858
- State ex rel. Pacific Coast Steamship Co. v. Superior CourtWashington Supreme Court · 1895
- Warren v. EddyNew York Supreme Court · 1860
7 more not listed; retrieve them via the Exa API.