Luyster v. Sniffin
New York Supreme Court
This was a motion on the part of the Defendant in error, to amend the. copy of the record sent to this court by the Hew York Common Pleas, with the writ of error issued in this cause, so as to make such copy correspond with the record as amended by the court below.
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This was a motion on the part of the Defendant in error, to amend the. copy of the record sent to this court by the Hew York Common Pleas, with the writ of error issued in this cause, so as to make such copy correspond with the record as amended by the court below. The judgment in the court below was rendered upon a report of referees, and the Plaintiff in error, who was Defendant in the suit below, being dissatisfied with the report, applied to the court below to have a statement of facts settled and incorporated in the record for the purpose of bringing error thereon. After the record was…
1Opinion of the Court
Harris, Justice.
If the record upon which the writ of error is brought, has not been properly made up, the proper course is to apply to the court in which the judgment was rendered to amend the record. (Reu v. Barber, 2 Cowen, 408.) With such errors the Appellate Court has nothing to do. It will assume that the court below has made up the record of its judgment correctly, or if such record is amended, that the amendment was properly made. It is the province of this court to examine and correct all errors which shall be found in any record brought here by writ of error, but it has no control…
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