2 Wend. 243
Decided February 15, 1829
New York Supreme Court · decided 1829-02-15
Motion to strike cause from calendar. This is a writ of error from the Jefferson common pleas, on a bill of exceptians, signed in February, 1827, noticed for argument at the present term. The motion was made to strike the cause from the calendar, on the ground that an error-book, or copy of the bill of exceptions, had not been served on the defendants’ attorney.
Good law ✅— No negative treatment on recordhow we know
Decided 1829-02-15
Cited by 5 later decisions — most recently December 1892
5 state decisions
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 rule requiring a copy of a paper on which a calendar cause is to be argued, to be- served on the opposite party, applies only to a case made. There is no rule of practice requiring the service of a copy of an error-book. That it is not necessary to serve a copy of a demurrer-book, is expressly decided. (20 Johns. R. 275.)
¶2Motion denied with costs.