Decision.—Ordered that motion be granted, unless within twenty days plaintiff in error procure the proper allowance to be endorsed on the writ of error filed with the clerk of the county, and pay costs of motion.
1 How. Pr. 8
Wilbur vs. Ramsey.
The ordinary order endorsed on a writ of error, staying proceedings on the judgment and execution, fyc., for the purpose of removing a cause by writ of error, is not sufficient. A proper “ allowance ” of the writ should be endorsed.
Motion by defendant in error to quash or supersede the writ of Error in this cause.—The ground set forth (among others) upon which the motion was decided, was; that there was no allowance of the writ, the endorsement on the writ was as follows: “ Let all proceedings on the execution issued on the judgment within mentioned, and all proceedings upon such judgment be stayed until judgment on the within writ of error,” the word “ allowed” not being on the writ.
Bockes & Nash, Lefts. Mtys. John C. Hulbert, Plffs Mty.
Wilbur v. Ramsey
1 How. Pr. 8
Case Details
1 How. Pr. 8
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