Van Patten v. Ouderkirk , 1 Cole. Cas. 118 ( 1800 )

Per Curiam.

This writ is the right of the party who takes it out, and the justice is bound to obey it. at his peril. He is not, however, bound to return anything but what we can legally require of him, notwithstanding the command expressed in the writ. In this case he ought to return all but the testimony, and to take no notice of that part of the precept which enjoins him to return that.

Motion denied.