Blake v. Hall

Decided October 15, 1825

New York Supreme Court · decided 1825-10-15

This cause was removed by certiorari to this Court from the C. P. of the city and county of New York, after the plaintiff had declared in the Court below., After the return of the certiorari, on the 23d of August last, the plaintiff entered with the clerk of this Court, a rule to plead to the declaration in the Court below, of which he gave the defendant notice ; and, for want of a plea within the usual time, entered a default.

Cited by 1 later decisions — most recently April 1854

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-10-15

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Curia.

¶1A certiorari is in nature of a writ of error; and removes, in contemplation of law, the record itself. This was held in Wolfe v. Horton, (3 Caines’ Rep. 86.) It follows, that the cause is here, on the return of the certiorari, in the same situation as to the appearance of the parties, and other incidents, as it stood in the Court below. And it proceeds here directly from the point at which it stopped below. The English practice appears to be different; but the practice of this Court has been settled ever since the case of Wolfe v. Horton.

¶2Motion denied.