Pike v. Herriman
Supreme Judicial Court of Maine
Petition for tbe writ of certiorari. The petitioner was a creditor in an execution against tho defendant, on which he had disclosed before two justices of the peace and quorum, and taken the oath prescribed by law. The errors assigned were that no notice was left as certified by the ofiicer at the place specified in his return, nor had the creditor or his attorney any notice in fact or in law, of the time and place of the debtor’s disclosure.
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Petition for tbe writ of certiorari. The petitioner was a creditor in an execution against tho defendant, on which he had disclosed before two justices of the peace and quorum, and taken the oath prescribed by law. The errors assigned were that no notice was left as certified by the ofiicer at the place specified in his return, nor had the creditor or his attorney any notice in fact or in law, of the time and place of the debtor’s disclosure. With the petition were affidavits tending to show the errors alleged. submitted the case without argument. cited Dow y. True, 19 Maine, 46; Little y.…
1Opinion of the CourtShepley, C. J.
— This is a petition for a writ of certio-rari to bring up the record of the proceedings of two justices of the peace and of the quorum in taking the disclosure and administering an oath to the respondent as a poor debtor.
*53It is proposed, that certain, facts dehors the record should be proved; and depositions are presented by the petitioner for that purpose.
A writ of certiorari' can present only a record of their proceedings. No testimony can be received from the petitioner to aifect that record, or to prove other facts not appearing in it. Commonwealth v. Bluehill Turnpike Corp. 5 Mass. 420.
Th…
2Cases cited2 opinions
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Ward v. KeenanSupreme Court of New Jersey · 1949
- Buckley v. PageU.S. Circuit Court for the District of Maine · 1860