3 How. Pr. 78
Decided September 15, 1847
New York Court of Appeals · decided 1847-09-15
This was a motion by Defendant in error, to quash the writ of error in this cause.—-On the 21st of June last, the attorney for Plaintiffs in error served on the attorney for Defendant in error, a copy of an order of a supreme court commissioner, entitled as above, in “Supreme Court,” staying proceedings of Defendant in error on the judgment rendered in the supreme court, until judgment should be rendered on the (within) writ of error; accompanied by a notice that a writ of…
Decided 1847-09-15
¶1Granted the motion with costs, on the ground that the notice of bail was defective in not stating the additions of the sureties, which was fatal. (5 Hill, 519.) Besides, it did not appear that the writ had been returned, and assignment of errors filed according to the rules.
¶2There was no decision announced upon the other points.