Majority
p. 117The People at the relation of Jansen and others, admrs. of Jansen, vs. The Judges of Ulster.
Headnote
GARDINIER moved for a mandamus to the Judges of the Common Pleas of the County of Ulster to compel them to give costs for plaintiff, a recovery having been had before them for the plaintiffs for a sum less than £. 10.It was now contended that as it had been settled that executors or administrators cannot sue in a Justice’s Court, it must follow that they shall have costs in the Court to which they are compelled to resort, and therefore that the only question now left to be confidered was whether a mandamus was the proper remedy in this case, or whether it should be error, as the Court seemed to intimate at last Term.
Error it was said would only lie to reverse a judgment, and not to compel the rendition of a
p. 118
judgment. He cited to this point, 3 BaC. Abr. 535. 1 Str. 698. Cowp. 378. That this was a proper case for a mandamus, he cited 1 Burr. 568. 3 Bl. Com. no. 1 Str. 530. and 11 Co. Medcalf case.
Cur. ad. vult.
After looking over all the authorities, we are of opinion that a writ of error will well lie here, and therefore refuse this application for a mandamus.
Motion denied.