Blake v. Hall

New York Supreme Court

Blake v. Hall

5 Cow. 37

DecidedOctober 15, 1825

StatusPublished

This text of 5 Cow. 37 (Blake v. Hall) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blake v. Hall, 5 Cow. 37 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Curia.

A 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.

Motion denied.

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Curia.

A 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.

Motion denied.

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Bluebook (online)

5 Cow. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blake-v-hall-nysupct-1825.