Witbeck v. Waine
New York Supreme Court
An appeal was taken to the Court of Appeals from a judgment rendered in the Supreme Court. An error having been' ■committed in turning the case into a bill of exceptions, and in settling the same, a motion was made in the Supreme Court,, at special term, before Justice Parker, for an order directing a re-settlement of the bill of exceptions.
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An appeal was taken to the Court of Appeals from a judgment rendered in the Supreme Court. An error having been' ■committed in turning the case into a bill of exceptions, and in settling the same, a motion was made in the Supreme Court,, at special term, before Justice Parker, for an order directing a re-settlement of the bill of exceptions. The motion was resisted on the ground that the cause was then pending in the Court ■of Appeals, and that the Supreme Court had no jurisdiction to •order a re-settlement of the bill -of exceptions, until the Court ■of Appeals had remitted the cause to the…
1Per curiam
The Supreme Court had full power to order a re-settlement, and it was not necessary to first apply to the Court of Appeals to remit the record to the Supreme Court. Ren agt. Barber, (2 Cowen, 408;) Lyslie agt. Sniffin, (3 How. Pr. R., 250.)
Order at special term affirmed, with $10 costs.
2Cited by6 opinions
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- O'Gorman v. KamakNew York Court of Common Pleas · 1875
- Pratt v. BakerNew York Supreme Court · 1895
- Clendenning v. LindnerThe Superior Court of New York City · 1895
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