Hunter v. Graves — 4 Cow. 537

Majority

p. 537

Hunter against Graves.

Headnote

A return to a £o?bo sot asido mcre,y 011 tho ground that it was drawn by tho attorney ^ “ aliiei'i if drawn by tho plaintiff’s attorney

Motion to sot aside the return to a writ of certiorari to a fustice’s Court, on tho ground that the return was drawn by the attorney for tho defendant in error; and Fax v. T - ’ Johnson, (3 Gowen’s Rep. 20,) was relied upon.

J. D.. Latkrop, for the motion.

C. I. Kirkland, contra.

The farthest we have gone, is in Fox v. Johnson. We do not allow the attorney of the plaintiff in error to interfere in drawing the return, except as a mere amanuensis ;^[1] because he is seeking to reverse the judgment. The defendant’s attorney is seeking for its affirmance, which is more favored by the law. The mere fact, therefore, that the defendant’s attorney drew the return, without any abuse being shown, is not sufficient ground for setting it aside.

Motion denied.

(a) (a) c) Vid. Philips v. Caswell, ante, 505.