Roosevelt v. Crommelin

The motion, in this case, is not grounded on any irregularity in the proceedings ; and we shall not, therefore, relieve, except on terms. The defendant, if he wishes to reverse the proceedings, on the facts stated, must resort to a writ of error. But, without giving, any opinion on the case as stated in the affidavits, we must deny *257the motion, unless the defendant puts in good special on a writ to be issued in a new action. bail,

Rule accordingly.