Hunter v. Graves
New York Supreme Court
Motion to sot aside the return to a writ of certiorari to a fustice’s Court, on tho ground that the return was drawn by the attorney for tho defendant in error; and Fax v. T - ’ Johnson, (3 Gowen’s Rep. 20,) was relied upon.
1Opinion of the Court
Curia.
The farthest we have gone, is in Fox v. Johnson. We do not allow the attorney of the plaintiff in error to interfere in drawing the return, except as a mere amanuensis ;(a) because he is seeking to reverse the judgment. The defendant’s attorney is seeking for its affirmance, which is more favored by the law. The mere fact, therefore, that the defendant’s attorney drew the return, without any abuse being shown, is not sufficient ground for setting it aside.
Motion denied.
c) Vid. Philips v. Caswell, ante, 505.
2Cited by1 opinion
- Smith v. JohnstonNew York Supreme Court · 1865