Digest of Cases in Law And Equity, Argued And Determined in the Court of Appeals of the State of New York, During the First Eleven Years of Its Organization, As Contained in Sixteen Volumes of Its Reports, From 1st Comstock to 16th New York Reports, Inclu

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had sold the rye to plaintiff after the 1st May, 1846, and also examined him as to the alleged sale to defendant, and his evidence on that subject tended strongly to show that hefore the 1st May he had sold the rye to the defendant. After judgment for the defendant had been affirmed on certiorari by the common pleas, and the latter judgment reversed by the Supreme Court, the defendant brought error to this court, and, on the doctrine above stated, the judgment of the Supreme Court was affirmed,
... Worrall v. Parmelee, 1 Comst., 519.
2. Costs. Public officer made defendant as such entitled to double costs in error. BurUe v. Luce, 1 Comst., 239.
3. Writ of error will not lie in behalf of the people after judg- ment for defendant in a criminal case. People v. Corning, 2 Comst., 9, (but see chap. 82, Laws of 1852, allowing such writ except after acquittal of defendant by a jury. And see The People v.
Clark, 3 Seld., 385).
4. Moneys collected on execution. A party in whose favor a judg- ment is rendered has, until the judgment is reversed, a perfect title to the money collected on the execution, notwithstanding the pendency of a writ of error or certiorari; and if he pays the money to his creditor, the latter acquires a complete right to hold it, although a reversal afterwards takes place.


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