Whitney v. Bayard

The Superior Court of New York City

Whitney v. Bayard

2 Sandf. 634

CourtThe Superior Court of New York City

DecidedJanuary 27, 1849

StatusPublished

Cited by2 cases

This text of 2 Sandf. 634 (Whitney v. Bayard) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitney v. Bayard, 2 Sandf. 634 (N.Y. Super. Ct. 1849).

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Opinion

The Court

said the appeal is a mere substitute for the for[635]*635mer certiorari, to bring up the judgment for review. On the certiorari, error was assigned in form, and judgment was always reversed by default, if the defendant in error did not appear. In the affidavit for the appeal, there is a regular assignment of errors required by the statute. The legal effect of the proceeding is the same as before. The nature of the case is not changed, and the practice must be the same.

Judgment reversed by default.

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The Court

said the appeal is a mere substitute for the for[635]*635mer certiorari, to bring up the judgment for review. On the certiorari, error was assigned in form, and judgment was always reversed by default, if the defendant in error did not appear. In the affidavit for the appeal, there is a regular assignment of errors required by the statute. The legal effect of the proceeding is the same as before. The nature of the case is not changed, and the practice must be the same.

Judgment reversed by default.

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Bluebook (online)

2 Sandf. 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-bayard-nysuperctnyc-1849.

Opinion

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