Ogden v. Lyman

Ogden v. Lyman. The Court will not erase 1 rom thefdocket, which has no date, but was served in -rPrntableTif june, then next, withefrawing such writ, defendant may enter for costs, but no damages will be assessed in his favour. I , X HE plaintiff made a motion to erase this case from docket, the writ of error having no date. Perkins, (of Hartford) for the defendant, contended. that its having been served on the 5th of October, 1801, and returnable to the Court of Errors in June then ne;:t. was sufficient, without a date, ⅝ Brawn, contra, . insisted that it was a nullity, [MAJORITY — The Court] The Court refused to erase it. 1802. The plaintiff then withdrew his suit* The defendant entered for costs, and moved the Court to assess damages in his favour, and, as such, to allow interest on the judgment below. This was objected to, by the plaintiff’s Counsel, on the ground, that as the writ of error was not dated, it could not be a supersedeas. The Court, by the easting vote of the Governor, refused to allow the damages, but allowed costs.