New York Supreme Court, 1824

Lyon ex. dem. Eden v. Burtis

Lyon ex. dem. Eden v. Burtis
New York Supreme Court · Decided February 15, 1824
2 Cow. 510

Counsel

E. Barnes , A. Burr and E. Williams, contra,, Talcott, (Attorney General,) in reply,

Lyon ex. dem. Eden v. Burtis

Opinion of the Court

Curia.

It is enough that the remittitur was filed, which may be done at any time before execution issues.

By the remittitur, the cause is here in the same situation, and for the same purposes, as before writ of error brought. No rule need be entered. The party may proceed with his execution, of course, as if it had never been suspended.

Motion denied.

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