Majority
p. 61Mann against Swift.
Headnote
On certiorari to a Justice’s Court. The return of the Justice merely referred to the copy of tbs affidavits on which the certiorari was founded, and staled that “ the same were substantially true, except such parts as relate to the separation and drinking of spirimus liquors by the jurors who tried said cause, which may be true, but the following is what came to my observation,” &c. xThe return must^contSn a complete píoceYdings^in itself—nof by the affidavit on fom^ed ** “
M. Hoffman moved to set this return aside as irregular.
J. Lynch, contra.
This practice of referring to, and adopting the affidavit on which the certiorari is founded; is irregular. The return should contain a complete history of the proceedings in itself. JSTot doing so, it must be set aside.
Rule accordingly.