History of a Lawsuit

Cover History of a Lawsuit
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The description of the judgment, by reciting the following facts: 1. The names of the parties. 2. What justice rendered it. 3. In whose favor. 4. On what day. 5. For what amount. This is sufficient descrip- tion.
4. The command: " Send all the papers inclosed and certified under your hand and seal." The justice may either transmit the papers in this way, or he may bring them himself and file them with the clerk, which is the more usual way. It is from this command to certify the papers to the S
...uperior Court that the writ takes its name.
The justice transmits the original papers, except in two cases: 1. Where the certiorari extends only to part of the judgment, the balance not being complained of in the petition. 2. Where the certiorari is brought by one or more of several parties. In these cases he sends up a copy of the papers, keeping the original, to be proceeded on for the amount not complained of, or against the party not complaining."* 54. §1 3845, 3846, M. & V.
398 HISTORY OF A LAWSUIT.


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