¶1The common pleas reversed a justice’s judgment on certiorari, from which a writ of error is brought, notice of which was served on the attorney for the defendant in error prior to the service of notice of this motion. The plaintiff in error did not procure and file with the clerk of the common pleas certificate of counsel, pursuant to 2 R. S., p. 597, § 32. This was unnecessary in this case. The plaintiff in error procured and filed a certificate of the first judge of the common pleas, pursuant to the act of 1836, chap. 794. Motion denied with $7 costs.
2 How. Pr. 191
Stiles v. Spaulding
Decided June 15, 1846
New York Supreme Court · decided 1846-06-15
Motion by defendants in error to quash writ of error. It appeared, from the papers of defendants in error, that the record of judgment in this cause was filed with the clerk of the court of common pleas of the county of St. Lawrence, on the 18th of February last. On the same day plaintiff’s attorney served on defendants’ attorney a notice of the allowance of a writ of error, to the court of common pleas from this court, and of bail in error with their names and additions.
Decided 1846-06-15