Marsh v. Eastman — 3 Cow. 58

Majority

p. 58

Marsh against Eastman.

Headnote

On certiorari, the defendant cannot compel a

His course is to non pros the ror’if hedoes not cause a made! l° be

On certiorari to a Justice’s Court. The parties had pro- . 1 r ceeded to an issue of in nullo est erratum, without the Justice’s having made any return ; and now,

A motion was made, on the part of the defendant, for a rule requiring the Justice to make a return.

He should non pros the plaintiff, if he does not cause a return to be made. The defendant has no right to call upon the Justice to make a return, This is the business of the plaintiff.

Motion denied.