McCafferty v. Kelly

Court: The Superior Court of New York City
Date filed: 1849-02-24
Citations: 2 Sandf. 637
Copy Citations
1 Citing Case
Lead Opinion
By the Court. Oakley, Ch. J.

The court below must make a return of all the testimony and proceedings, when a return is ordered, although the affidavits conflict only in a few particulars. Such is the provision of the code. When a return is made, we look solely to that. We cannot look into the affidavits also. If the return here, be insufficient to present the whole case, the parties must call for a further return.

A further return was ordered.