Clark against Ostrander

Clark against Ostrander. paying or settling a iud°Tnent dgforeB a justice, does not pre- vent the bringing a certiorari to reverse it; nor supersede one already brought. On certiorari to a Justice’s Court. Ostrander had obíained a judgment against Clark, in the Court below, on the u u ° 26Z/t August, 1822, for 3 dollars and the costs, in trespass. In Sept, thereafter, he employed Mr. Jenkins to bring a wrj(; 0f certiorari. Shortly'after this, Clark obtained a judgment before another Justice, against Ostrander, for $21,30. And on the 8th Oct. 1822, the parties settled their accounts, and set off the small against the large judgment. This was done in consequence of Ostrander’s declaring to Clark, that lie should give security and take out the execution, notwithstanding the certiorari which had been brought. The cause upon the certiorari had since proceeded, and an assignment of errors had been filed and served. And now, on the above facts, JVPKissock, for the defendant, moved to set aside the certiorari, and all subsequent proceedings. L. Jenkins, contra. [MAJORITY — Curia.] Curia. The settlement and set off of the judgment, does not supersede the certiorari. The defendant, in the small judgment, did no more than he might have been compelled to do by execution. He paid it, but this will not prevent a certiorari. Motion denied.