Killpatrick v. Rose

Decided January 15, 1812

New York Supreme Court · decided 1812-01-15

A MOTION was made, on the part of the defendant, to vacate the judgment entered in this cause, at the last August term. The judgment was given on the return to a certiorari, from a justice's court, which stated, that the plaintiff below claimed of the defendant 250 pounds of butter.

Cited by 1 later decisions — most recently July 1856

Good law ✅— No negative treatment on recordhow we know

Decided 1812-01-15

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Per Curiam.

¶1After argument and judgment, and the term ended, a parly comes too late to move to have the record amended, and to open the cause. If the argument had been founded upon an erroneous copy of the return, the case would have been different; but here the original return stated that the demand was only for 250 pounds of butter. It would be productive of great inconvenience to allow the losing party to resort to the justice to amend his return, after argument upon the return as made, and judgment given and perfected.

¶2Motion denied.