Kennedy v. Newsom

1 How. Pr. 121

Opinion

Beardsley, Justice.

Decided the motion upon the case in 19 Wend., 647, which is precisely parallel. That a certiorari must be filed eight days before the first time at which the issue could be tried, after issue joined; otherwise defendant must pay all the costs incurred in preparing for trial or hearing.

Motion granted, with costs.