Schoonmaker v. Trans

I dissent from this opinion. The counsel are bound to know the law at their peril. The court did not make any new rule, but only applied principles ai-read}'- known to new cases. It is a good rule, and ought to be enforced, *that after a party assigns errors, he waives all objections to the sufficiency of the return.

Motion granted.

We presume the counsel ignorant of the decisions of May and February terms last past, by which we allowed rules on justices, ordering them to return evidence in special cases. This therefore, is a sufficient excuse for the court to interfere at this late stage of the causo.