People ex rel. Markham v. Judges of Cass Circuit Court ( 1845 )

Under the justice’s act of 1841, (S. L. 1841, pp. 112, 113,^*) before a certiorari to a justice of the peace can regularly issue from the circuit court, the affidavit to procure the allowance thereof, and the allowance of the same endorsed thereon by a judge of this court, must be filed with the clerk of the circuit court; and if issued before such affidavit and allowance are filed, the cause will, on motion, be dismissed by the circuit court for want of jurisdiction.

* See R. S. 1846, ch. 92, § 49.