Warner v. Drezelo

The justice’s return is insufficient because it does not contain all the proceedings, including the evidence and the judgment. (Justice Court Act, § 438; Cowing v. Carpenter, 128 Misc. 886; Dombek v. Carlson, 162 N. Y. Supp. 1106.)

The return is grossly imperfect. None of the evidence is included. The justice gives his conclusions from the evidence submitted to him during the trial. From the argument of counsel the court is led to believe that the evidence submitted was not recorded. An order directing an amended return under these circumstances to include the evidence would be fruitless.

It is…