Abrams v. Pomeroy, 13 Ill. 298 (1851)

Dec. 1851 · Illinois Supreme Court
13 Ill. 298

Stephen Abrams, Plaintiff in Error, v. George Pomeroy et al., Defendants in Error.

ERROR TO SCOTT.

A party is not compelled to try a cause on writ of error, until the return term of the writ.

This was a writ of error sued out during the present term, returnable to the next. The errors were assigned upon the record for the purpose of making the writ a supersedeas. The defendants in error entered their appearance, and join in enjor, and enter a motion that the plaintiff in error file abstracts, with a view to the trial of this case at this term.

J. Grimshaw, for the motion.

M. McConnel, contra.

Per Curiam.

The motion must be refused. The plaintiff in error cannot be compelled to submit the case at this term. He has until the return term to file abstracts.