Ex parte Caldwell

5 Cow. 293 | N.Y. Sup. Ct. | 1826

Curia.

The court must have overlooked that section^(a) when they decided Fitzgerald’s case cited from Caines. That section sanctions this proceeding in express terms. And the motion must be denied.

Motion denied.

(a) Vid. Revision of the laws by Kent and Radcliff, vol. I, page 242, section 20 of the act under which Fitzgerald’s case arose.