Ogden v. Lyman ( 1802 )

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.