Schuyler v. Warner

The statute, (Sess. 36, ch. 53, s. 20, 1 R. L. 397,) requires the Justice to make a special return, as to all the facts stated in the affidavit, on which the certiorari was procured ; and he ought, at least, to return, that the evi*60dcnce stated in this affidavit, was or was not given, accor ding to the best of his recollection and belief. He should also return, whether any of the defendant’s costs were included in the judgment.

Motion granted.