Overseers of Coventry v. Cummings — 2 U.S. 114

Majority

p. 114

Overseers of Coventry versus Cummings.

Syllabus

CERTIORARI to remove the record of proceedings before Justice Bartholomew, to which the following return was made : “ On hearing the matters between the parties, I gave judgment for plaintiffs for a debt of 38s. with 17s costs: 30 s of which was money said defendant sued plaintiffs for, before Daniel Griffith, Esq. on account of John Ralston, Esq. and self, which thing he had no orders from us to do , and the remainder 8s. being the costs the plaintiffs paid on said action. Execution granted for said debt and costs to the plaintiffs ; and the costs paid by them."

Lewis and Todd

excepted to the judgment, that Justice Bartholomew had undertaken to decide upon a matter, which had previously been decided by another Justice.

Bradford and Serjeant

objected to go into the merits of the case.

—If the return is false, the Justice is liable to an action, at the instance of the injured party : If he has acted contrary to justice, an information will be granted against him. But in the present state of the business (though we highly disapprove of the interference of a Justice in any matter previously decided by another Justice) we must take the cafe as listed upon the return, without travelling into the merits of the original question.

Judgment affirmed.