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Philips v. Caswell

4 Cow. 505 Court N.Y. Sup. Ct. English

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p. 505
Philips against Caswell.

Headnote

Tho return ^¡n^ot*blTsot aside because for° th^píaintifl\ "1, ?F°I acted as the of^tho justice.
On certiorari to a Justice’s Court, it appeared that the attorney for the plaintiff in error wrote the return; hut he swore that the justice voluntarily, and without request, came to his office, and desired him to write it, which he did, the justice dictating the whole of the facts.
A motion was now made to set aside the return as irreguiar; and Fox v. Johnson, (3 Cowen’s Rep. 20,) was relied on.
W. Baker, for the motion.
G. H. Feeter & N. S. Benton, contra.

We think the attorney, in this case, comes within the character of a mere amanuensis for the justice. Such an exception to the rule, established by Fox v. Johnson, was mentioned by the Court; and we think it does not come Avithin the reason of the rule. The motion is denied.

Motion denied.