Pitt v. Davison
New York Supreme Court
THIS was an appeal from an order made at a special term discharging the defendant Erastus Davison from arrest. Judgment was rendered in this action on the 7th of May, 1856, on the report of a referee, requiring the defendants specifically to perform their contract with the plaintiffs to convey to them a house and lot in Twenty-sixth street in the city of Hew York, and for which the plaintiffs had principally paid. This judgment was never appealed from.
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THIS was an appeal from an order made at a special term discharging the defendant Erastus Davison from arrest. Judgment was rendered in this action on the 7th of May, 1856, on the report of a referee, requiring the defendants specifically to perform their contract with the plaintiffs to convey to them a house and lot in Twenty-sixth street in the city of Hew York, and for which the plaintiffs had principally paid. This judgment was never appealed from. A certified copy of the judgment was personally served on the defendants, with a summons to attend before the referee, Mr. Cambreling, to…
1Opinion of the CourtClerks, P. J.
I. The objection has been made, that the proper course for the defendant in this case was to appeal from the order of commitment, and, having neglected to do so within the time allowed, that he is now without remedy. But this motion was not made for the purpose of reviewing the decision of the special term on the merits, but for the purpose of setting it aside, or revoking it on the ground of irregularity. The question before us is not whether the defendant was really guilty of the contempt with which he was charged, but whether the proceeding, under which he was condemned, was in conformity…
2Cases cited1 opinion
- Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
3Cited by5 opinions
- Township of Noble v. AasenNorth Dakota Supreme Court · 1901
- Glass v. GlassSupreme Court of Alabama · 1884
- Weeks v. CoeAppellate Division of the Supreme Court of the State of New York · 1906
- No. 02-4020Court of Appeals for the Third Circuit · 2005
- Pitt v. DavisonNew York Supreme Court · 1868