Jackson ex dem. Hart v. Smith — 6 Cow. 580

Majority

p. 580

Jackson, ex dem. Hart, against Smith.

ALBANY,

Feb. 1827.

Headnote

{N ejectment. The verdict and judgment being for the defendant, he caused the costs to be taxed, and regularly demanded of the lessor of the plaintiff, the Oth of January last; but they were not paid. On the 6th of February thereafter, the plaintiff sued out and filed with the clerk of this court his writ of error; and put in bail in error.

A writ of er-tiffinejectinent ment™against his lessor, for

p. 581

A motion was now made, in behalf of the defendant, for an attachment against the lessor of the plaintiff, for not paying the costs.

This was opposed, on the ground that error had been brought.

G. B. Throop, for the motion.

J- T. B. Van Vechten, contra.

A writ of error stays execution, if brought before it is executed. It has the same effect upon an attachment against the lessor of the plaintiff, which is in nature of an execution. The motion for the attachment must be denied without costs.

Motion denied.