People v. Onondaga C. P.
New York Supreme Court
Demurrer to return to alternative mandamus. A judgment was obtained by the relator in a justic’s court against one J. Start, who sued out a certiorari to remove the judgment into the Onondaga common pleas.
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Demurrer to return to alternative mandamus. A judgment was obtained by the relator in a justic’s court against one J. Start, who sued out a certiorari to remove the judgment into the Onondaga common pleas. The judgment was rendered in the justice’s court on 15th March, 1830. The affidavit on which the certiorari was founded was made by the attorney of Start, and set forth the proceedings before the jus.tice, and various questions of law raised on the trial and decided by the justice, but did not, in addition thereto, set forth the grounds upon which the allegation of error was founded by way…
1Opinion of the Court
By the Court, Sutherland, J.
The relator contends that the certiorari ought to have been granted by the common pleas, principally on two grounds : 1. Because the affidavit on which it was allowed was made by the attorney, and not by the party, without any reason being assigned for its not being made by the party; and 2. Because the affidavit did not state with sufficient clearness and precision the grounds upon which the allegation of error was founded.
The statute out of which these objections arise, 2 R. S. 255, § 171, provides, “ that the party intending to apply for such certiorari shall…
2Cases cited1 opinion
- People ex rel. Mapes v. Columbia C. P.New York Supreme Court · 1831
3Cited by2 opinions
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Woodle v. HoughtonWisconsin Supreme Court · 1845