People v. Tioga C. P.
New York Supreme Court
Motion for a mandamns. The question in this case was, whether an affidavit to found a certiorari could be sworn to before a justice of the peace.
1Opinion of the Court
By the Court,
Sutherland, J.
A justice of the peace has ho authority to take such affidavit; it is a proceeding in a suit prosecuted in the common pleas, at least it is to be used before a judicial officer on applying for the certiorari. The statute has named the officers who are authorized to take affidavits to be read or used in courts or before judicial officers, and in the enumeration a justice of. the peace is not found. 2 R. S. 284, § 49. He has nó powers beyond those which appertain to him as a peace officer, unless expressly granted. In Wood v. The Jefferson County Bank, 9 Cowen, 194,…
2Cited by1 opinion
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