Craig v. Scott

Decided May 15, 1828

New York Supreme Court · decided 1828-05-15

Motion to quash a writ of error. The grounds relied on are, 1. That it is prosecuted for delay; 2. That it is sued out without the privity and consent of one of the plaintiffs in error, all not having joined in the recognizance; and S. That one of the bail in error is an attorney and counsellor of this court

Good law ✅— No negative treatment on recordhow we know

Decided 1828-05-15

How this case has been cited

Cited by 5 later decisions — most recently October 1923

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Savage, C. J.

¶2The court will not inquire iu an ordinary case, whether the writ of error is prosecuted for delay; it is a writ of right to which the party is entitled, and the court are averse to impose restrictions upon its prosecution. It is not necessary that ail the defendants in the judgment should join in a recognizance on the bringing of a writ of error, one of several defendants having the right to bring error. (Tidd’s Pr. 1053.) It would have been a good exception to one of the bail, that he is an attorney or counsellor of this court, but it cannot now be urged in support of this motion.

¶3Motion denied with costs.