
    Nichols against Cowles.
    J. A. Spencer,
    moved to set aside the writ of certiorari to a Justice’s Court, because the aEdavit upon which it was founded was entitled in this Court; and cited Haight v. Turner, (2 John. Rep. 371) and Whitney v. Warner, (2 Cowen's Rep. 499.)
    An aflMavi,: ri must not be court**1 m
    
      D. Cady, contra.
   Curia.

The motion must be granted.

Rule accordingly. 
      
      
         See Ex parte John Nehro, 1 Barnw. & Cresw. 73, S. P.
      
     