People ex rel. Roe & Roe v. Suffolk Common Pleas
New York Supreme Court
Motion for mandamus, with a stipulation of-the parties that "the papers submitted should be received as a substitute for the return of the judges to an alternative writ. [551] The-relators recovered a-judgment against Augustus Gardiner, before a justice of the peace, for twenty dollars damages and costs of suit. The cause was tried by jury. .Immediately after the verdict,.Mr.
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Motion for mandamus, with a stipulation of-the parties that "the papers submitted should be received as a substitute for the return of the judges to an alternative writ. [551] The-relators recovered a-judgment against Augustus Gardiner, before a justice of the peace, for twenty dollars damages and costs of suit. The cause was tried by jury. .Immediately after the verdict,.Mr. Buffet, the. counsel for Gardiner, being as he said under the necessity of leaving town, and residing at the distance of twenty-five- miles from his client, requested the justice to draw the necessary affidavit for the…
1Opinion of the Court
By the Court,
Bronson, J.
[552] The party applying for a certiorari must make an affidavit, “ setting forth the substance of the testimony and proceedings before the justice, and the grounds upon which an allegation of error is founded.” (2 R. S. 255, § 171.) After the-allowance of the writ, it is,-with the affidavit, to be served on the justice, (§ 175;) and in-his return, -.the justice must truly, and fully answer to all the- facts set- forth' in the affidavit' on which-the certiorari was allowed.” (§ 178.) The justice, in making .his return,-as well as in all the previous proceedings, should…
2Cases cited1 opinion
- People ex rel. Mapes v. Columbia C. P.New York Supreme Court · 1831