¶1The defendant should have pro cured the return to the writ of certiorari sooner. Mr. Wright : The Court will not look beyond the time that the cause was in this court. Bronson, Chief Justice: The Court will look to see whether there'has been inexcusable delay by any means. Motion denied with costs.
2 How. Pr. 92
Daniels v. Borst
Decided February 15, 1846
New York Supreme Court · decided 1846-02-15
Motion by defendant to change venue. This suit was commenced in the Niagara common pleas, where the venue was laid. On the 9th of June, 1845, issue was joined in that court. The action was assumpsit on a promissory note. Defendant removed the cause into this court by a writ of certiorari, returnable at the last October term of this court. Defendant’s papers stated special reasons for changing the venue to the city and county of New York.
Decided 1846-02-15