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People v. Judges of the Court of Common Pleas in & for the County of Washington

1 Cai. 510 Court N.Y. Sup. Ct. English

Contents

Majority

p. 643
The People against The Judges of the Court of Common Pleas in and for the County of Washington.

Headnote

Mandamus lies to the court oí common pleas for not signing a bill of exceptions.
Eussel moved for a peremptory mandamus[2] to be di
p. 644
rected to the judges of the common pleas for the county of Washington, ordering them to sign a bill of exceptions.

Take your rule to show cause the first day of next term.[1] The practice is, not to grant a peremptory mandamus in the first instance.(a)

Rule to show cause granted.

[1] [1] As to compelling the judge to sign a bill of exceptions see Graham’s Prac. p. 321; 2 Rev. Stat. 422, sec. 15; 2 Caines, 313; 2 Johns. Cas. 118 ; 6 J. R. 219; 5 Wend. 132 .