New York Court of Common Pleas May 15, 1856 (Kilpatrick v. Carr)

INGRAHAM, F., J.

The affidavits in this case cannot be referred to, in the decision of the appeal. We are bound by the return, and cannot look at matters not contained therein.

The defendant demanded atrial by jury. On the adjourned day the defendant did not appear, and an inquest was taken before the justice without a jury.