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7 Wend. 471

Pelletreau v. Jackson

New York Supreme Court

Decided November 17, 1831

New York Supreme Court · decided 1831-11-17

This was a motion for a mandamus to the judges of the superior court of the city of New-York to amend a bill of exceptions, settled by them by striking out parts thereof, and inserting matter proposed by the plaintiff in error, and rejected by them.

Cited by 1 later decisions — most recently June 1875

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1831-11-17

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¶1By the Court,

Sutherland, J.

¶2The bill of exceptions is in the ordinary form. The finding upon the fact's cannot be reviewed upon a writ of error, whether such finding be by the jury, or by the court substituted in their place by the consent of parties. Could it be beneficial to the plaintiff in error to have the fact stated that the verdict was found by consent, subject to the opinion of the court, we would direct the bill to be amended; but being of opinion that such alteration can have no effect upon the rights of the parties, the motion must be denied.

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