2 Johns. 101
Decided November 15, 1806
New York Supreme Court · decided 1806-11-15
The? judgment in this cause having been arrested,* at the last term, Benson now suggested that the plaintiff had elected to bring a writ of error, and it became necessary for the court to render a judgment, as no writ of error would lie on an order arresting judgment. F°r that purpose, he prayed, that the rule of the last term might be vacated, and a judgment entered for the defendants, for the insufficiency of the declaration.
Good law ✅— No negative treatment on recordhow we know
Decided 1806-11-15
Cited by 3 later decisions — most recently April 1883
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The court ordered, that the rule entered at the last term, for arresting judgment, be vacated ; and that judg" ment be entered, as of that term for the defendants, for the insufficiency of the declaration; and further, that the attorney for the defendants make up., and file the record in due form, in twenty days, after service of a copy of this rule, or that the plaintiff make up the record, with a remittitur of the costs by the defendant.
¶2Rule granted.