People v. Onondaga C. P.

7 Wend. 516

Opinion

By the Court,

Sutherland, J.

The justice was not bound to obey the writ without an allocatur endorsed thereon: but he made a return, and the C. P. obtained jurisdiction of the cause, and they properly refused to quash the proceeding, the issuing of the writ having been allowed by a proper officer, although his allocatur was not endorsed upon it. The motion is denied.