¶1In this case a common law certiorari was issued to a justice of the peace who had rendered a judgment in favor of Bush against Miller. The certiorari was of course returnable in this court. One of the errors relied on by the plaintiff for the reversal of the judgment was, that the justice refused leave to the defendant below to withdraw his demurrer to the plaintiff’s declaration and to plead de nova, after judgment against him on the demurrer. There were other questions in the case which it is not deemed important to notice. In respect to the above question, This Court held, the opinion being delivered by Mr. Justice Bronson, that they could not upon a common law certiorari review the decision of the justice in refusing the defendant leave to withdraw the demurrer and to plead. 17 Wendell, 464.
21 Wend. 651
Miller v. Bush
Decided October 15, 1839
New York Supreme Court · decided 1839-10-15
<p>This court will not, upon a common law certiorari, review the decision of a justice of the peace in a cause before him, in refusing the defendant leave to withdraw a demurrer and to plead de nova, after judgment against him.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1839-10-15
How this case has been cited
Cited by 32 later decisions — most recently December 1953 · most notably Mansfield v. . N.Y.C. H.R.R.R. Co. (1886), Barrett v. McAllister (1890)
32 state decisions — followed in 12 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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