People v. Shaw
New York Supreme Court
ON certiorari to a convitiion for forcible entry and detainer before the justices in Renselaer County. The return to the writ was ££ Renselaer County o AN inquisition of the people of State of New-York, j the state of New-York taken at ££ Hoasick in the county of Renselaer on the twenty fourth t( day of March in the year of our Lord one thousand eight hundred and one and in the 25th year of the Indepenu dence of the United States of America by the oaths of ££ Daniel See.…
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ON certiorari to a convitiion for forcible entry and detainer before the justices in Renselaer County. The return to the writ was ££ Renselaer County o AN inquisition of the people of State of New-York, j the state of New-York taken at ££ Hoasick in the county of Renselaer on the twenty fourth t( day of March in the year of our Lord one thousand eight hundred and one and in the 25th year of the Indepenu dence of the United States of America by the oaths of ££ Daniel See. good and lawful men of tire said county be- '** fore John Cumstock esquire one of the justices assigned t£ to keep the…
1Opinion of the Court
Foot contra.
Two objections may be made to this motion. First, that as it comes before the court on certiorari, errors ought to have been assigned; the motion to quash is therefore improper. There is to be sure no express authority for this position, but it may be supported on general principles; where proceedings are removed and a return made, the praCtice is to assign errors. The first five exceptions are merely as to the form of the return. For that of a justice of the peace, there is none. He sends up all the proceedings before him. On examination, the court will see there must necessarily…
2Cited by2 opinions
- Clason v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1814
- People ex rel. Brinkerhoff v. NelsonNew York Supreme Court · 1816