Bird v. Silsbie

Decided October 15, 1823

New York Supreme Court · decided 1823-10-15

On eerliorari to a Justice’s Court. The writ recited that Bird impleaded Silsbie before the Justice, &c. in the usual f°rmian A motion was now made to amend this certiorari and return, and for such further rule, &c. ; and notice of the motion, with copies of the papers for the motion, detailing the above facts, had been served on the Justice and the defendant’s attorney.

Cited by 1 later decisions — most recently December 1852

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1823-10-15

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¶1The Court directed the Justice to amend his return in 20 days ; and because the return was evasive, and the conduct of the Justice had been disingenuous, they also order* ed, that he pay the costs of the application. They remarked, that they did not consider the amendment of the certiorari necessary; yet the plaintiff might amend it, if he thought-proper. It was plain enough. The Justice had not been misled by it. It commanded him explicitly to return the process and proceedings in a certain cause ; and he had'not mentioned whether there had been any process or proceeding's in the cause before him or not. Had he obeyed the writ in this respect, the judgment must have been returned as a part of the proceedings.

¶2Rule accordingly.