Richardson v. Smith

The opinion of the court was delivered by

Pitney, J.

This writ of certiorari was tested March 31st, 1906, and the allocatur was endorsed thereon and signed by a justice of this court on the same day. The return day was the first Tuesday of May then next, being more than twenty days from the date of the allocatur. A motion to dismiss is now made on the ground that the writ is in violation of rule 60 of this court. That rule prescribes that “all writs of certiorari shall be made returnable in twenty days from the date of the allocatur, unless otherwise ordered.” In our opinion, the order endorsed…