1 Johns. Cas. 243
Decided January 15, 1800
New York Supreme Court · decided 1800-01-15
On certiorari from a justice’s court. The exception relied upon for the plaintiff in error was, that it did not appear from the justice’s return, that he held his court at the place appointed in the summons.
Cited by 1 later decisions — most recently October 1815
1 state decisions
Relies on Stewart v. Smith
Good law ✅— No negative treatment on recordhow we know
Decided 1800-01-15
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¶1This exception is fatal, as the defendant below did not appear, and the judgment against him was given by default,
¶2Judgment reversed.
¶3 See Stewart v. Meigs, 12 Johns. R. 417. Also Stewart v. Smith, 17 Wend. 517. For the form and general requisites of a certiorari to a justice of the peace, see Co wen’s Treatise, 2d edit, 1093, 1096.