Ex parte Williams v. Albany Mayor's Court
New York Supreme Court
Williams obtained a judgment on verdict in the justice’s court of the city of Albany, against S. L. Southard, who sued out a certiorari returnable in the mayor’s court of Albany.
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Williams obtained a judgment on verdict in the justice’s court of the city of Albany, against S. L. Southard, who sued out a certiorari returnable in the mayor’s court of Albany. On the coming in of the return, Southard filed a special assignment of errors, assigning for error that the jury who tried the cause arrived at the amoupt of the verdict found by them, by each marking such sum as in his opinion the plaintiff ought to recover, adding the different sums together, and dividing the total by the number of the jury, viz. six, and adopting the quotient thus obtained, as the verdict which…
1Opinion of the Court
*267 By the Court,
Nelson, J.
It was supposed by the relator that the provision of the revised statutes, 2 R. S. 257, § 180, authorizing a certiorari cause to be brought on to argument without any assignment or joinder in error, had totally abolished the use of an assignment of errors in causes removed by cer-tiorari from justices’ courts. Admitting such to be the the construction of the statute as to the formal general assignment of errors, which presents merely questions of law, it could not have been the intenfion of the legislature to abrogate the use of an assignment of errors, where the…
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