Arnold, Duncan & others v. Sandford
New York Supreme Court
IN ERROR, to the mayor’s court of the city of NewYork.. v J The defendant m error brought an action of assumpsit, in the court below, against the plaintiffs in error, as the bailees, for hire, of certain horses, saddles and bridles, chairs and harness, Thp rpx lie 1 c for going a different journey from that for which they were hired, and for riding and using the same improperly cord stated, that the defendants had leave to imparl until the third Monday of August, 1815, on…
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IN ERROR, to the mayor’s court of the city of NewYork.. v J The defendant m error brought an action of assumpsit, in the court below, against the plaintiffs in error, as the bailees, for hire, of certain horses, saddles and bridles, chairs and harness, Thp rpx lie 1 c for going a different journey from that for which they were hired, and for riding and using the same improperly cord stated, that the defendants had leave to imparl until the third Monday of August, 1815, on which day they, by their attornies, pleaded the general issue, and that the cause, after being continued until the third…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. The first question raised on the argument, is, whether error in fact can be assigned, on a writ of error, coram vobis. It was contended, that error in fact is only to be corrected in the same court where the cause was commenced, by a writ of error coram nobis. This is certainly against what has been the universal practice with us, as to writs of error to inferior courts, and we apprehend the objection has no foundation in principle. It is true, we find it laid down in the English books, that for error in fact, a writ of error will not lie…
2Cited by18 opinions
- People v. RichettiNew York Court of Appeals · 1951
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Seymour v. O. S. Richardson Fueling Co.Illinois Supreme Court · 1903
- Altman v. . HofellerNew York Court of Appeals · 1897
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
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