Holmes v. Remson
New York Supreme Court
This cause was tried April 12th, 1821, when a verdict was foun(l for the plaintiffs, subject to the opinion of the Court, on a case, which was made; and in August term, 1822, the Court delivered their opinion in favor of the defendants.
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This cause was tried April 12th, 1821, when a verdict was foun(l for the plaintiffs, subject to the opinion of the Court, on a case, which was made; and in August term, 1822, the Court delivered their opinion in favor of the defendants. (20 John. 229, S. C.) The defendants’ attorney then drew the record; but having soon after left the city of New York, where he resided, and where the cause was tried, on account of the yellow fever prevailing there, he did not them search for the nisi prius record. The judgment was afterwards delayed by an order to stay proceedings, and a motion to amend the…
1Opinion of the Court
Curia.
It is a matter of course to allow these and the like amendments, where the omission or informality is accounted for. We grant the rule as applied for, on paying the costs of this motion, and if the plaintiffs choose to dis*412continue their proceedings in error, the defendants must also pay the costs of the writ of error.
Rule accordingly.
2Cited by3 opinions
- Frederick v. Circuit JudgeMichigan Supreme Court · 1884
- Fay v. WenzellMassachusetts Supreme Judicial Court · 1851
- Fay v. WenzellMassachusetts Supreme Judicial Court · 1851