Asdell v. Sutherland

In this cause Judge Haywood was of opinion that, although the former writ of error had been non prossed, the same having been brought up within the time which practice had authorized, but not within the time which a recent interpretation of a rule of practice required, that another might be obtained by application to the clerk within a year, and that a judge, if he thought proper, might grant a new supersedeas. Whyte and Beown, JJ., were of a contrary opinion, but 'Peck, J., was of the same opinion with Judge Haywood. He had been retained in the cause and had received *93no fee, and bis opinion…