People ex rel. Reynolds v. Rensselaer C. P.
New York Supreme Court
A judgment was obtained by S. Eldred, before a justice, in a suit against the relator and H. Franklin. Reynolds, the relator alone, sued out a certiorari, stating himself to have been impleaded with Franklin, and executed an instrument in the form of a bond, intending to comply with the requirements of the statute.
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A judgment was obtained by S. Eldred, before a justice, in a suit against the relator and H. Franklin. Reynolds, the relator alone, sued out a certiorari, stating himself to have been impleaded with Franklin, and executed an instrument in the form of a bond, intending to comply with the requirements of the statute. A return was made to the certiorari, when Eldred discovering that the instrument intended as a bond was not. sealed, moved the Renssolaer common pleas to quash the * certiorari; and at the same time Reynolds moved to amend, by affixing seals to the instrument. Eldred also urged…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In the case of The People v. Onondaga C. P., 7 Wendell, 516, where the allowance of a certiorari was endorsed on the affidavit, instead of the writ itself, and the common pleas refused to quash it, this court said the justice was not bound to obey the writ, but having made a return, the common pleas acquired jurisdiction by the return, and therefore they properly refused to quash the proceeding. In The People v. Erie C. P., 6 Wendell, 549, the affidavit on which the certiorari was allowed was not served on the justice within ten days after the allowance of the…
2Cases cited2 opinions
- People ex rel. White v. Erie, C. P.New York Supreme Court · 1831
- People v. Onondaga C. P.New York Supreme Court · 1832