Pelletreau v. Jackson
New York Supreme Court
Allegation of diminution on a writ of error. In this case a writ of error to the superior court of the city of New-York was sued out and returned. On the return coming in, the plaintiff alleged diminution, served a copy of the allegation "on the defendant in error, entered a rule in the common rule book, awarding a certiorari to bring up the matters alleged in diminution, sued out the certiorari, and obtained a return.
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Allegation of diminution on a writ of error. In this case a writ of error to the superior court of the city of New-York was sued out and returned. On the return coming in, the plaintiff alleged diminution, served a copy of the allegation "on the defendant in error, entered a rule in the common rule book, awarding a certiorari to bring up the matters alleged in diminution, sued out the certiorari, and obtained a return. The defendant in error moved to set aside the allegation of diminution,, and. all subsequent proceedings as irregular, and because the proceedings brought up by the certiorari…
1Opinion of the Court
By the Court,
Savage, Ch. J.*
Our practice seems nóf well settled, as to alleging diminution and bringing up on certiorari matters not contained in the record itself, and which may be alleged for error; and even the English practice is rather obscurely stated' in the books of practice. In the court for the correction of errors there is a rule requiring allegation of diminution to be made within eight days after’the return of the writ of error; a' certiorari is then issued by the clerk of course, which must be returned within twelve days ; and on the return thereof errors must be assigned. Where…
2Cited by2 opinions
- McCann v. PeopleNew York Supreme Court · 1857
- Hayen v. PeopleNew York Supreme Court · 1856