People v. Onondaga C. P. — 7 Wend. 516

Majority

p. 516

The People, on the relation of Colton, vs. Onondaga C. P.

Headnote

Where a certiorari is allowed by a proper officer, although his allocatur be not endorsed upon the writ, and the justice malee return, the C. P. havé jurisdiction of the cause.

Motion for a mandamus, An affidavit to found a certiorari was presented to a commissioner, upon which he made the following endorsement: “ I allow a certiorari to issue on the judgment rendered in the cause within referred to,” and signed the same. No certiorari was presented to the commis

p. 517

sioner, nor did he endorse an allocatur upon such writ. A certiorari, however, was issued, and the justice made a return thereto. The defendant in error moved to quash the certiorari for the want of an allocatur thereon, which the C. P. refused to do, and a mandamus was now asked for.

By the Court,

The justice was not bound to obey the writ without an allocatur endorsed thereon: but he made a return, and the C. P. obtained jurisdiction of the cause, and they properly refused to quash the proceeding, the issuing of the writ having been allowed by a proper officer, although his allocatur was not endorsed upon it. The motion is denied.