Rawson v. McElvaine

This cause was tried in justice’s court before a jury, and verdict and judgment rendered thereon in favor of the plaintiff. The cause was removed to the eir*196cuit by certiorari, where the judgment of the justice was affirmed. The justice in his return certifies that he is “ not able to return all the testimony in the case, as the case was tried by a jury, but that the foregoing is about all the testimony given on the said trial.” It is very evident from this return that the evidence cannot be examined for the purpose of determining whether the verdict and judgment could be thereby supported.…