Hance v. . the Cayuga and Susquehanna Railroad Company

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This court decided, in Orcutt v. Cahill (24 N.Y., 578), that the return of a justice of the peace to an appeal from a judgment, under the Code, must contain all the testimony received by him in the cause; and that where a justice's return sets forth the evidence in detail, it is to be considered as stating the whole testimony, unless the contrary distinctly appears. That decision shows that the judgment of the Supreme Court, in this case, cannot be sustained on…