Mitchell v. Christie

Sloane, J.,

Petitioner defendant seeks a judgment for her costs.

She removed to this court (by certiorari) an action brought against her by respondent plaintiff in Magistrate’s Court No. 7. Upon the filing of the magistrate’s transcript, which recited that plaintiff was present at trial but that her claim was “withdrawn for insufficient notice”, petitioner defendant suggested diminution of the record on the grounds, inter alia, that it did not include either a judgment against her or a retraxit or withdrawal stated to have been filed by plaintiff. In our opinion of June 18, 1941 (41 D. & C.…