2 How. Pr. 130
Decided April 15, 1846
New York Supreme Court · decided 1846-04-15
An appeal by defendant on a motion from decision of circuit judge. On the 13th of May, 1842, the defendant made a motion before Judge Kent, circuit judge of the 1st circuit, to -set aside an execution issued against him by plaintiffs. The circuit judge denied the motion, and the defendant appealed, but had never prosecuted his appeal to a hearing until the present time.
Decided 1846-04-15
¶1Held, that appeals from the circuit judge, under the statute of 1841, were not calendar causes, but *131were subject to the practice of the special terms, and the party appealing was bound to bring his appeal to a hearing at the next special term after it was taken.
¶2Motion was therefore denied with costs.