Dumond v. Carpenter

New York Supreme Court

Dumond v. Carpenter

3 Johns. 141

CourtNew York Supreme Court

DecidedFebruary 15, 1808

StatusPublished

Cited by1 cases

This text of 3 Johns. 141 (Dumond v. Carpenter) 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

Dumond v. Carpenter, 3 Johns. 141 (N.Y. Super. Ct. 1808).

Pincite

Opinion

Per Curiam.

This application comes too late, after an assignment of errors. The plaintiff, at the time he assigned errors, should have alleged diminution, and prayed a certiorari. But if the ca. sa. were before this court, it would not avail the plaintiff. If the judgment of the court below, be correct and legal, no error will lie for any irregularity, as to the execution. Each court has a controul over its own process, and if there be any irregularity, the proper remedy is by application to the court below.

Rule refused,

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Per Curiam.

This application comes too late, after an assignment of errors. The plaintiff, at the time he assigned errors, should have alleged diminution, and prayed a certiorari. But if the ca. sa. were before this court, it would not avail the plaintiff. If the judgment of the court below, be correct and legal, no error will lie for any irregularity, as to the execution. Each court has a controul over its own process, and if there be any irregularity, the proper remedy is by application to the court below.

Rule refused,

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Bluebook (online)

3 Johns. 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dumond-v-carpenter-nysupct-1808.

Opinion

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