Pangburn v. Ramsay
New York Supreme Court
IN ERROR, from the Albany court of common pleas. The plaintiff in error brought an action against the defendant, in the court below, for a false return, to a writ of certiorari, directed to him, as a justice of the peace, requiring him to certify the proceedings, &c. in a certain cause before him, as a justice, in Which Israel Nix was plaintiff, and the plaintiff in error defendant.
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IN ERROR, from the Albany court of common pleas. The plaintiff in error brought an action against the defendant, in the court below, for a false return, to a writ of certiorari, directed to him, as a justice of the peace, requiring him to certify the proceedings, &c. in a certain cause before him, as a justice, in Which Israel Nix was plaintiff, and the plaintiff in error defendant. The declaration stated the issuing of the certiorari out of this court and its delivery to the defendant, who, contriving and intending, &c. falsely, maliciously, and deceitfully, and in deceit of the supreme…
1Opinion of the CourtSpencer, J.
The principal question is, whether the plaintiff’s declaration contains a *143sufficient averment, that the judgment on which the writ of certiorari was brought, was reversed; for the allegation of fal„ sity in the return is sufficiently clear and explicit. The decíaration states, that “ by pretext whereof (the false return) he, the said Joseph, was not only prevented from obtaining any redress or reversal of the judgment and proceedings aforesaid, of the said Frederick, in the said suit between him, the said Frederick and the said Joseph; but the said Joseph was also compelled to suffer…
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