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Drake v. Miller

1 Cole. Cas. 85 Court N.Y. Sup. Ct. English

Contents

Majority

p. 85
Drake vs. Miller.

Headnote

AJuftice of the peace was brought up on attachment for a contempt in not having made return to a certiorari directed to him, and made returnable “ before us.”

The Afil paffed the 24th of January 1797, entitled, “ An Afil concerning the Supreme Court,” enacts, “ That all writs and pro- “ cefs to be iffued from and after the expiration of “ O¿Sober Term in the prefent year, and returnable V in the Supreme Court, fhall be made returnable before our fujiices of our Supreme Court of' judicature,” &c. and prooefs made returnable in any

p. 86
other form mufc be confidered as returnable out of-Court and void.

Let the attachment be difcharged with coils,