Anonymous

Headnote

Where application was made to one of the puisne judges of the common pleas, during the absence of the first judge from the county, for a certificate under the act of May 26th, 1836, relating to writs of error in causes originating before a justice, and the judge applied to, after keeping the case under advisement for a few days, granted the certificate; held, that it was regular, though in the meantime the first judge had returned.

moved to quash the writ of error issued in this case to the Cayuga C. P., on the ground that the cause was brought into the C. P. by certiorari from a justice’s court, and the certificate that the cause was a proper one to be carried to this court was made by one of the puisne judges when the first judge was in the county. (Stat. 1836, p. 794, § 2.)

showed that the case was laid before the puisne judge for his certificate when the first judge was absent from his county; that the judge kept the matter under consideration a few days, and then made the certificate after the first judge had returned to the county.