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3 Cow. 296

Same v. Same

New York Supreme Court

Decided August 15, 1824

New York Supreme Court · decided 1824-08-15

The last cause having been removed by the defendant, on a wr*t °f error, to the Court of Errors, where the judgment ivas affirmed, and the record remitted, &c. a writ of inquiry issued, and an inquisition was taken under the 3d section of the act (1 R. L. 143,) concerning writs of error, and to prevent delays of execution, before the Under Sheriff of the city and county of New York, bn the 28Ih day of April, 1824.

Cited by 2 later decisions — most recently March 1901

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1824-08-15

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¶1At another day, and when the Court came to decide the motionfin the last cause, they said that it disposed of this mor tion to set aside the inquisition, which' must be granted. But as to the motion for appointing elizors, they denied it j saying, that though the Sheriff had acted erroneously, he had' not acted partially ; that the objection of interest was so remote as' not, of itself, to be a disqualification. It went merely to the favor of the officer; and the Court were to deter- • mine from1 the facts, whether it would so far influence him1 as to render the execution of the writ of inquiry by him unsafe for the plaintiff. They did not think so. Upon the evidence before them', they were satisfied that the error was one of judgment merely,

¶2Rule accordingly.''

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