Goddard v. Fischer

The proceeding in the court below was upon a statutory certio'rari, to remove a cause from a Justice of the Peace, issued on the petition of defendant in error. In the Circuit Court plaintiffs in error entered their motion to quash the writ on the grounds of the insufficiency of the petition, but the motion was overruled. Ho exception was taken to that ruling of the court, nor is any point made upon it here. Afterward a motion was made by the same parties to dismiss the proceeding, upon the ground that the judgment before the Justice of the Peace upon which the certiorari was sued out, was a…