People ex rel. Thompson v. Judges of the Court of Common Pleas for West-Chester

Headnote

AT a previous term, Woods had moved for and obtained a rule to ftay proceedings on a writ of error in this court, until the common pleas in Weit-Cheiler could be moved For leave to file a plaint mine pro tunc, the want of which had been the error affigned here. Application had been made to that court For fuch purpofe, and was refufed by them, on which Woods obtained the rule here to fliew caufe why a mandamus ftiould not iffue to compel them to allow fuch application; and now

He infilled that the court below had always h diferetion in cafes of this kind, and that in the prefent inflance, having confidercd the judgment before them as unjuft, had refufed the appi A/aon. on that ground, and that therefore it was not a proper cafe to grant a mandamus.