From Halifax. ‘William W. Rodman exhibited to the honorable John Hall, one of the Judges of this Court, in vacation, an affidavit complaining of a certain judgment rendered against him in the Superior Court of Law for Halifax County, at the instance of Henry Austin, and stating the facts upon which his complaint was founded. He prayed for a Writ of Certiorari, to have the case brought up to this Court.
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This is a motion for a Certiorari, grounded on the papers returned to the present term between the s ame parties. Those papers are the Plaintiff’s affidavit, the record of a suit in Halifax Superior Court, between Austin Plaintiff, and Rodman Defendant, with a statement of the presiding Judge. From a view of these papers, we are of opinion,
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that a Certiorari should not issue j for it would be entirely useless. The record does not exhibit those grounds of complaint stated in the affidavit, and we must, upon a view pronounce the same judgment that ivas pronounced in the Court below, whatever might be our opinion if the Judge’s statement formed a part of the case. — But so far from its being entered on the record, it is not even referred to ; and we cannot perceive how we can incorporate it with, or make it a part of the case. It might possibly be made at the time the cause was tried, or it might have been made a month afterwards. It would, therefore, be vain and useless to issue the writ. — The motion must be disallowed.
