Early v. Adams

The defendant now filed an affidavit stating that the note was for bet upon the general election, and therefore illegal; and

BrincMoe, for him, moved the court for leave to impeach the re-lord by proof of this fact; which was refused, on the ground that the lonsideration of the note could not be thus inquired into; and, if it lould, such a case does not fall within the very narrow class of cases (diere, on certiorari, the court would inquire into facts beyond the re-ird; it would in fact amount to the trial of an appeal on certiorari.

Judgment affirmed.