People ex rel. White v. Albany C. P.
New York Supreme Court
A motion was made in the Albany common pleas to supersede a certiorari, returnable in that court, sued out to remove a judgment rendered in the justice’s court of the city of Albany. The judgment was rendered on the 24th day of June last. On the 14th day of July, an affidavit, setting forth .the testimony and proceeding, in the cause, was made and presented to a commissioner, but a certiorari was not left with him at that time for allowance.
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A motion was made in the Albany common pleas to supersede a certiorari, returnable in that court, sued out to remove a judgment rendered in the justice’s court of the city of Albany. The judgment was rendered on the 24th day of June last. On the 14th day of July, an affidavit, setting forth .the testimony and proceeding, in the cause, was made and presented to a commissioner, but a certiorari was not left with him at that time for allowance. On the 23d day of July, a supplemental affidavit, more full in stating the testimony and proceedings than the first, but containing no collateral fact,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The statute regulating the allowance of a certiorari to a justice is as follows : “ The party intending to apply for such certiorari shall make or cause to jibe made an affidavit, setting forth the substance of the testimony and proceedings before the justice, and the grounds upon which an allegation of error is founded.” 2 R. S. 255, *264§ 117. “ Such affidavit shall, within twenty days after render-jng sucj1 judgment, be presented to the first judge of the county courts where the judgement was rendered, or some other judge or officer authorized to perform the duties…
2Cited by2 opinions
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Cunningham v. La Crosse & Saint Paul Packet Co.Supreme Court of Minnesota · 1865