¶1In this case a certiorari to remove the cause into this court from a court of common pleas, was filed after a trial had been had and a new trial granted. The court quashed the writ, on the ground that the statute on this subject manifestly requires diligence in a party who wishes to remove a cáuse by certiorari, and that after one tried had it is too late to remove the cause.
18 Wend. 270
Day v. Gallup
Decided June 15, 1835
New York Supreme Court · decided 1835-06-15
<p>A certiorari to remove a cause from the common pleas, cannot be issued after one trial had in that court.</p>
Decided 1835-06-15