Houseworth against Suydam

Houseworth against Suydam. NEW YORK, May, 1827. The notice amend °a°nre° j^rn.to a ^erti" be811’ accompa^®feg return and affidavit. These need “ot be servcd; ginais or copies auc^d to Pti°e °a°^?non the Motion to amend the return to a' certiorari directed to the marine court of the city of Hew-York For the defendant, it was objected that no copy of the return and affidavit on which the certiorari was founded, had been served on the defendant’s attorney as a part of the papers for the motion. J. H. Lee, for the motion. E. Cowen, contra. [MAJORITY — Curia.] Curia. We require the return and affidavit, or copies, to be produced on the argument; to the end that we may determine, by comparing them, how far the amendments sought for by the motion are necessary. But we have not required that they should be served. The return and a copy of the affidavit being produced, the court received them; and considered the motion on its merits.