Lyon ex. dem. Eden v. Burtis
New York Supreme Court
Ejectment. The plaintiff hadjudgment in these causes in the Supreme Court. The defendants removed them by writs of error into the Court for the trial of impeachments and the correction of errors, where the judgments were affirmed on the 18th day of December last.
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Ejectment. The plaintiff hadjudgment in these causes in the Supreme Court. The defendants removed them by writs of error into the Court for the trial of impeachments and the correction of errors, where the judgments were affirmed on the 18th day of December last. (Vide ante, 333.) The attorney for the plaintiff then caused the remittitur attached to the transcript in each cause, to be filed in the office of the Clerk of this Court in the city of New York, on the 7th day of February instant; and issued writs of possession, tested at the city of Albany, on the 1st day of November last,…
1Opinion of the Court
Curia.
It is enough that the remittitur was filed, which may be done at any time before execution issues.
By the remittitur, the cause is here in the same situation, and for the same purposes, as before writ of error brought. No rule need be entered. The party may proceed with his execution, of course, as if it had never been suspended.
Motion denied.
2Cited by1 opinion
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