2. Of compelling the ap

sent it.

If a petition of appeal be defective in form, the respondent must object to it at the time of filing; it is too late to make the objection after he has answered.(c) The court of Errors will only decide on those parts of the decree which are complained of in the petition of appeal.(d)

If the appellant should neglect to present his petibest to pre- tion of appeal, the respondent may at any time make application to the court for an order, that he present it within a limited time, which is usually eight days after service of a copy of the order, or that the same be not received. At the same time, when the petition of appeal is presented, the transcripts, consisting of the pleadings and decree annexed together, and the exhibits and proofs in the cause, must be brought into court and delivered to the clerk.(e)

The petition of appeal being filed, the appellant may on motion in open court, obtain an order that the

It is hereby ordered, That in all cases where the defendant in error or respondent, shall not have entered an appearance by attorney or solicitor, all rules and notices shall be served on the defendant in person.

Ordered, That the fifth rule be extended to the cases in error, so that no more than two counsel shall open on the part of the plaintiff, or answer on the part of the defendant, and only one counsel sball reply or close on the part of the plaintiff.

Ordered, That a cause cannot be set down for hearing until cases are delivered. The court of Errors has full power, and is authorized, to examine all errors assigned, and to call on the judges of the supreme court to assign the reasons on which their judgments were given, and there to affirm or reverse, or give such other judgment, as the law shall require.

(c) Rogers v. Cruger, 3 Johns. Rep. others, 4 Johns. Rep. 536. 564.

(e) Orders of the Court of Errors

that responde

respondent answer the petition of appeal within eight 3. Motion days after service of a copy of the petition of ap- ent answer. peal and order; and the rules of this court require, where the respondent shall not have entered an appearance by solicitor, that all rules and notices shall

swer to the pe

be served on the respondent in person. The answer of the an to the petition of appeal is very general; it confesses uition, the making of the decree complained of by the appellant, refers thereto when produced, and insists that the decree is agreeable to equity, and that it ought to be affirmed.

If the respondent should fail to put in his answer within the time required, the court, on proof of due service of a copy of the order requiring the answer to be filed, would probably proceed to pronounce a decree in favor of the appellant by the default of the opposite party, and to reverse the decree inade in the court below upon the points embraced in the appeal.

Order that appellant file his petition of appeal. In the court for the trial of impeachments and the correction of errors, held at the city of Albany, on the day of January, 1818, Present John Taylor, Esq. president of the senate, and a majority of the senators.

dent, it is ordered, that the appellant file his petition of appeal within eight days after service of a copy of

this order, or that such petition of appeal be not re ceived.

(A copy.)

J. B. Clerk.

Form of petition of appeal.

In the court for the trial of impeachments and the correction of errors.

To the Honourable the President of the Senate, the Senators and Judges of the Supreme Court of the state of New-York, in the court for the trial of impeachments and the correction of errors.

The petition and appeal of the above named appellant, respectfully sheweth:

That on or about the

of our Lord

day of

in the year

the respondent exhibited his bill of complaint in the Court of Chancery, of this state, against your petitioner, to be relieved touching certain matters therein complained of. That your petitioner filed his answer to the said bill of complaint, to which answer the respondent replied:

And your petitioner further sheweth, that the said cause having been brought to a hearing before his Honor the Chancellor, in term, in the year

a certain decretal order or decree was made

by his Honor the Chancellor, on the

day of

whereby it was ordered, adjudged and decreed, that it be referred to one of the masters of this court to take and state an account between your petitioner and the

respondent, in the manner particularly mentioned in the said decretal order or decree.

And your petitioner further sheweth, that A. B. Esq. one of the masters of this honourable court, having made his report pursuant to the said orders, bearing date the day of your petitioner filed cer

tain exceptions thereto.

And your petitioner further sheweth, that the said exceptions having been brought on to be argued, and the said cause having been brought to a hearing for further directions upon the said report in

der or decree in the said cause, whereby it is ordered, adjudged and decreed, that the exceptions taken by your petitioner be overruled and disallowed, and that the said report be confirmed in all things; that your petitioner pay to the respondent the sum of dollars, and his costs to be taxed; that the respondent have execution thereof; that interest be added to the amount decreed, and that the respondent have execution thereof.

And your petitioner being advised that the following parts of the said decretal order or decree, made on the said day of are erroneous, viz. all that part thereof whereby it is ordered, adjudged and decreed, that the first exception, the third exception, and the seventh exception, taken by your petitioner to the said report of the said (the master,) day of

be overruled

dated the said and disallowed; and also all that part thereof which arises from, and is in consequence of, the said exceptions being overruled and disallowed; and by reason of your petitioner being ordered, adjudged and de

creed, to pay the respondent the costs of the said suit. to be taxed. Your petitioner therefore appeals from all those parts of the said decretal order or decree, made on the said which are above mentioned to be erroneous, to this honourable court, for the following, among other reasons:

day of

First. Because the said exceptions last above mentioned, taken by your petitioner to the said report of the said dated the have been allowed.

day of

ought to

Second. Because your petitioner ought not to have been decreed to pay the respondent the costs of the said suit to be taxed.

And your petitioner prays that a short day may be appointed for the respondent to answer all and singular the premises before your Honors; and that all those parts of the said decretal order or decree above mentioned hereby appealed from may be reversed with costs; or such other relief granted your petitioner as to your Honors shall seem meet. And your petitioner will ever pray, &c. Dated the January, 1818.

E. F. Sol'r. for Appellant.

L. M.

day of

N.O.Of Counsel for Appellant.

Order that respondent answer the petition of appeal.

7. Form of In the court for the trial of impeachments and the correction of errors, held at the city of Albany,

order to an

swer the peti

tion of appeal.

Present John Taylor, Esq. president of the senate, and a majority of the senators.