May v. Keep

1. Certiorari — supreme court. — The supreme court has authority to grant a common law e&i'tiorari returnable before it, to the judgment of a justice of the peace, and will allow the writ where an execution has issued on the judgment returnable before the next term of the circuit court in that county, security being first filed with the clerk. 2. Same. — Upon application for such writ, cause must be shown why the application is made here, and not to the circuit court. (1 Chcmd. 285.)

THIS was a motion made before the supreme court at the Juue term, 1849, for the allowance of a common law certio-rari, to remove the proceedings and judgment of the justice before whom the same was tiled, to this court. This motion was founded upon a petition showing a judgment rendered against the applicants by the justice, and also the errors in the proceedings and judgment before Mm, and showing also an an excuse on the part of the defendants, for not having availed themselves of the benefit of an appeal from the judgment, to the circuit court. The petition prayed the allowance of the common law certiorari, by this court, because the circuit court within the jurisdiction of wMch the matter arose, would not be in session before the execution already issued on the judgment would be returnable. cited the following authorities : Sess. Laws of 1844, \ 4, p. 17 ; §§ 3 and 8 of art. 7, of the Const.; 5 Wend. 98; 7 id. 667, 508; 7 Cow. 587 ; 9 Wend. 433.