People ex rel. Mapes v. Columbia C. P.
New York Supreme Court
Motion for mandamus. The common pleas of Columbia quashed a writ of certiorari removing a justice’s judgment into that court, for the cause that the affidavit upon which the certiorari was granted, did not sufficiently set forth the grounds upon which the allegation of error was founded.
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Motion for mandamus. The common pleas of Columbia quashed a writ of certiorari removing a justice’s judgment into that court, for the cause that the affidavit upon which the certiorari was granted, did not sufficiently set forth the grounds upon which the allegation of error was founded. The affidavit states that the plaintiffs declared on a justice’s judgment rendered in the state of Connecticut; that the relator pleaded nil debet, and gave notice of set-off; that the issue thus joined was brought on to trial, when the plaintiffs produced a copy of what purported to be a record of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
A party intending to apply for a certiorari, must make, or cause to be made, an affidavit setting forth the substance of the testimony and proceedings before the justice, and the grounds upon which the allegation, of error is founded; which affidavit must be presented for the allowance of a certiorari to a proper officer, whose duty it is, if satisfied that any error affecting the merits of the controversy has been committed, to allow the certiorari. 2 R. S. 255, § 171, 172. By a subsequent provision of the same statute, the justice to whom the certiorari issues, is…
2Cited by5 opinions
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