Majority
p. 350Chamberlin and others vs. Morey. NEW-YORK, May, 1838.
Headnote
Where a writ of error is sued out upon a judgment rendered in a court of C. P., a transcript of the record must be returned, although the alleged errors fully appear in a bill of exceptions taken at the trial; if it be not returned, the writ of error will be dismissed.This case was submitted on written briefs at the last term and at this term, the following disposition was made of it.
By the Court,
This is a writ of error to Monroe, C. P. There is a bill of exceptions, but no judgment record is returned. So far as appears, no judgment was ever entered on the verdict. The common pleas may have granted a new trial. But at all events we cannot review a judgment until it appears that one has been entered.
Writ of error dismissed.