Seely v. Shattuck

1 Cole. Cas. 126 Court N.Y. Sup. Ct. English

Contents

Majority

p. 126

Seely vs. Shattuck.

Headnote

ON Certiorari. Notice of the rule for the defendant to join in error in eight days, or that the plaintiff would be heard ex parte, had been served in April vacation, 1798, and it was now moved for affirmance.

The Rule is gone; the plaintiff should have applied the term after service of the rule. He cannot lie by in this manner, and revive the cause at any distant period he may choose.

He must now take nothing by his motion.