Robbins v. Whitman

Robbins v. Whitman. Practice on certiorari. Where a justice’s judgment is affirmed, on certiorari, execution issues out of the court aboyo, without a remittitur. This cause was removed by certiorari from one of the justices of the peace for Northumberland county ; and after argument, the judgment of the justice was affirmed. It then became a question, whether execution could issue out of this court upon the judgment so affirmed. [MAJORITY] And it was ruled by the Court, that execution might issue at once, without referring the cause again to the justice ; as that would be a circuitous, inconvenient and unreasonable mode of proceeding.