Philips v. Caswell

On certiorari to a Justice’s Court, it appeared that the attorney for the plaintiff in error wrote the return; hut he swore that the justice voluntarily, and without request, came to his office, and desired him to write it, which he did, the justice dictating the whole of the facts. A motion was now made to set aside the return as irreguiar; and Fox v. Johnson, (3 Cowen’s Rep. 20,) was relied on.