1 Cow. 59
Decided May 15, 1823
New York Supreme Court · decided 1823-05-15
On certiorari to a Justice’s Court. It was moved that the Justice amend his return, and answer whether B. W. ... z, , . . , - _ . or either oí them, did or did noty on the trial of the cause in the Court below, before him, testify that one Veeder, on being asked what the horse, in question there, was worth, replied, “ he had nothing to do with it, it was the business of IF,” or in words to that effect; and whether, at the time he rendered judgment in said cause, he did, or…
Decided 1823-05-15
¶1The statute, (Sess. 36, ch. 53, s. 20, 1 R. L. 397,) requires the Justice to make a special return, as to all the facts stated in the affidavit, on which the certiorari was procured ; and he ought, at least, to return, that the evi*60dcnce stated in this affidavit, was or was not given, accor ding to the best of his recollection and belief. He should also return, whether any of the defendant’s costs were included in the judgment.
¶2Motion granted.