Rowan v. Lytle
New York Supreme Court
On a writ of error to the O. P. of Washington county, returnable in May term, 1823, but not actually returned and filed in the Clerk’s office of this Court till October _ , . term, 1823, the plaintiff’s attorneys, at the same term oí October, filed an allegation of diminution, and entered a rule awarding a writ of certiorari which was immediately issued, and filed with the Clerk of the Court below, returnable at the February term of this Court, 1824. On the 28th January,…
Read the full summary
On a writ of error to the O. P. of Washington county, returnable in May term, 1823, but not actually returned and filed in the Clerk’s office of this Court till October _ , . term, 1823, the plaintiff’s attorneys, at the same term oí October, filed an allegation of diminution, and entered a rule awarding a writ of certiorari which was immediately issued, and filed with the Clerk of the Court below, returnable at the February term of this Court, 1824. On the 28th January, 1824, the plaintiff’s attorneys served the defendant’s attorneys with an assignment of errors, but without notice of any…
1Opinion of the Court
The Court, in delivering their opinion, did not enter much into the practice which should be pursued by the party in issuing a certiorari. They inclined to think, however, that the English practice as ¿entended for by Mr. Foot should be' pursued. They said that this practice was to assign errors in the record, removed by the writ of error, and by the same instrument to allege diminution and pray a certiorari. This seemed to be the more reasonable, because on serving the defendant’s attorney with a copy of this assignment and allegation, he may come in and confess the diminution assigned; and…
2Cited by4 opinions
- Mayor of New York v. LyonsNew York Court of Common Pleas · 1863
- Van Hook v. PendletonU.S. Circuit Court for the District of Southern New York · 1848
- Graham v. PeopleNew York Supreme Court · 1871
- The ElizabethDistrict Court, S.D. New York · 1862