Caledonian Co. v. Trustees of Hoosick Falls

7 Wend. 508

Opinion

By the Court,

Sutherland, J.

The certiorari ought to have been allowed by this court, and not by a commissioner; but I am inclined to think that the order of this court directing a supplementary return, was a ratification of the act of the commissioner, and an adoption of the writ, so -that it may now be considered as allowed by the court. The motion is therefore denied.