Public-domain · open source
OpenJurist

1 Johns. Cas. 169

Sheldon v. M'Evers

New York Supreme Court

Decided October 15, 1799

New York Supreme Court · decided 1799-10-15

<p>In error from s court of common pleas, the plaintiff may proceed by a rule on the defendant to join in error or by a scire facias ad audiendum errores•</p>

Decided 1799-10-15

Per Curiam.

¶1The plaintiff may proceed by rule to join in error only, or by sci. fa. ad. aud. errores,, and as the defendant does not appear, let the judgment be reversed of course.(b)

¶2Judgment reversed.

¶3 “ Asíate as the case of Sealy v. Shattuck, (infra, vol.2, 69,) it was the *208practice to enter a rule that the defendant in error join-in error, or that the plaintiff in error be heard ex parte. But we believe that the practice for the last twenty years has been different,—to enter a rule that the defendant join in error in twenty days, or that his default be entered, and upon such default*, to enter a rule for judgment of reversal.” Oppie v. Colegrove, 19 Johns. R. 124. Burr v. Waterman, 18 id. 508. 2 Gra. Prac. 2d edit. 955.

/1/johnscas/169 · .json · Public domain