Kilpatrick v. Carr

INGRAHAM, F., J.

The affidavits in this case cannot be referred to, in the decision of the appeal. We are bound by the return, and cannot look at matters not contained therein.

The defendant demanded atrial by jury. On the adjourned day the defendant did not appear, and an inquest was taken before the justice without a jury. The defendant’s excuse is contained in an affidavit, and cannot be available to him on this appeal, if it was sufficient., Even if we could use such affidavits, it appears by them that he did not pay the fees until it was too late to issue the venire for the jury, and his…