Williams v. Newcomb — 21 Wend. 67

Majority

p. 67

Williams vs. Newcomb, survivor, &c.

Headnote

Where a cause which has been removed into this court by writ of error, is brought on to argument or submitted, the plaintiff must make up and produce error boohs, or the writ of error will be dismissed; it is not enough that a copy of the judgment roll in the court below and a bill of exceptions be presented.

The parties submitted for adjudication copies of a judgment roll in a court of common pleas, a bill of exceptions taken on the trial of the cause, and written briefs. On looking into the papers and discovering that error books had not been delivered, the court for that cause alone dismissed the writ of error; refusing to render judgment in the case.

Writ of error dismissed.