¶1The application is to set aside a writ of inquiry, when there is none before the court. There is no return, no inquisition, and nothing to set aside. There was a written agreement, which does not appear to have been complied with. The plaintiff is in possession of his own writ of enquiry, and we see no objection to his issuing a new one, for as the writ is not before us, we cannot grant him the effedt of his motion as to setting it aside.
1 Cai. Cas. 250
Abeel v. Wolcott
Decided August 15, 1803
New York Supreme Court · decided 1803-08-15
VAN YECTEN, on behalf of the ■ plaintiff, moved that the writ of inquiry, and proceedings stated in the affidavit on which he applied, should be set aside, and a writ of inquiry issue de novo.
Decided 1803-08-15