Day v. Gallup — 18 Wend. 270

Majority

p. 270

Day and others vs. Gallup.

Headnote

A certiorari to remove a cause from the common pleas, cannot be issued after one trial had in that court.

In this case a certiorari to remove the cause into this court from a court of common pleas, was filed after a trial had been had and a new trial granted. The court quashed the writ, on the ground that the statute on this subject manifestly requires diligence in a party who wishes to remove a cáuse by certiorari, and that after one tried had it is too late to remove the cause.