Majority
p. 432Whittlesey vs. Zane. ALBANY, Aug. 1832.
Headnote
Where it appears from a bill of particulars that the damages claimed in a suit in the common pleas is less than $250, a certiorari cannot issue to remove the cause into this court.A motion was made to quash a certiorari, sued out to remove a cause from a common pleas court into this court. The damages claimed exceeded $250, but the plaintiff had furnished a bill of particulars, which shewed that the sum demanded was less than $250. The court decided that the bill of particulars was conclusive evidence of the amount claimed, and that the certiorari must therefore be quashed,.