2 Cai. Cas. 110
Decided August 15, 1804
New York Supreme Court · decided 1804-08-15
This was an application for a rule on a justice of the peace to amend his return, by inserting the evidence(a) he overruled in a cause before him. Smith read an affidavit showing that the cause had been brought up by certiorari, errors assigned and joinder. He sontended, therefore, the application was too late.
Decided 1804-08-15
¶1I dissent from this opinion. The counsel are bound to know the law at their peril. The court did not make any new rule, but only applied principles ai-read}'- known to new cases. It is a good rule, and ought to be enforced, *that after a party assigns errors, he waives all objections to the sufficiency of the return.
¶2Motion granted.