Schuyler against Warner

Schuyler against Warner. A just¡ce must return to a certiorari as to all the facts sW,ed jn the which it is theyare true or untrue, acbestofhis reeteUef!°n And he will not be affidavit,°Uthat h®hasnominmembers whictUie can so return, On certiorari to a Justice’s Court. It was moved that the Justice amend his return, and answer whether B. W. ... z, , . . , - _ . or either oí them, did or did noty on the trial of the cause in the Court below, before him, testify that one Veeder, on being asked what the horse, in question there, was worth, replied, “ he had nothing to do with it, it was the business of IF,” or in words to that effect; and whether, at the time he rendered judgment in said cause, he did, or did not, include any of the defendant’s costs, in the judgment so rendered. This application was opposed upon the Justice’s affidavit, which went to show, that there was nothing in his minutes, nor had he any recollection or belief, as to the particulars stated in the plaintiff’s affidavit, in which he was called upon to amend his return of the testimony given by those witnesses ; so that he could not amend his return as required in this respect; and that, in relation to the costs, the plaintiff had inveigled him into a statement, that some of the defendant’s costs were included in the judgment. [MAJORITY — Curia.] Curia. The statute, (Sess. 36, ch. 53, s. 20, 1 R. L. 397,) requires the Justice to make a special return, as to all the facts stated in the affidavit, on which the certiorari was procured ; and he ought, at least, to return, that the evidcnce stated in this affidavit, was or was not given, accor ding to the best of his recollection and belief. He should also return, whether any of the defendant’s costs were included in the judgment. Motion granted.