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14 Johns. 483

Bissell v. Dennison

Court for the Trial of Impeachments and Correction of Errors · decided 1817-03-15

THIS cause having been set down for a hearing, on the part . , i r rr • I , °. r of the respondent, 1. Hamilton, now moved to brmg it 1 ° to a bearing. The appellant had not aet down the, -cause for hearing.

Decided 1817-03-15

Thompson, Ch. J.

¶1As the appellant is not ready to proceed, and no person appears to oppose the decree of the court below, I think the court ought to dismiss the appeal. The respondent is entitled to bring on the hearing ex parte; but as the court never hear an argument ex parte, the respondent must be entitled to his decree in the court below.

¶2After some discussion, as to the regularity of this proceeding/Üie court were of opinion that it was, correct.

¶3Per Curiam. Ordered, that the appeal be dismissed.

¶4Appeal dismissed.

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