Francis Bradier vs. David S. Yulee

Francis Bradier vs. David S. Yulee

Lower Court

  • St. Johns County

Date

  • 1861

Box

  • 473

Folder

  • 853

Transcript

In matter of [?] Murphy Bradier, Appellant

v.

Yulee, Appellee

When issued as an auxiliary process-

Where the record of an inferior court is brought in due course of law by appeal writ of error before a Superior Court and there is a manifest defect or a suggestion of a diminution of certiorari will be awarded, as auxiliary process directing a [?] of a full and complete transcript and other papers. See insert of authorities U.S. Digest- Vol. 1 page 495

A certiorari is sometimes used as auxiliary process where for instance, diminution of the record is alleged on a writ of error- 3[rd] Dallas Fawler is Miller 411

If the sessions do not mention to the certiorari all the facts which were before them and which are necessary to appear in order to judge of the law applicable to the case of practice I apprehend to be from this court to order the sessions to retain such facts

(1 term 995, SC 699)

Justice [?]- 311 [?] 23

The court of appeals in Kentucky issues a certiorari see [?] application of either part [?] anew satisfaction when the [?] of justice require it to [?] before there additional matter [?].

[???]

[?] is not to be preserved, it must be shown before a writ of certiorari will be granted, and the record must be certified before such write will be awarded.

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