Majority
p. 59In the matter of Gilbert against The Judges of the Court of Common Pleas of the county of Niagara.
Headnote
A verdict, in the Common Pleas of ¿Niagara had been rendered against Gilbert, in favour of one Tuttle. Gilbert i brought error, and put in bail, after which Tuttle sued out a ta. sa. on which Gilbert was arrested. The Common Pleas afterwards set this writ aside, on the ground that the writ of error was a supersedeas of execution, but imposed the condition that Gilbert should stipulate not to bring false impris- , r ° onment. And now,on setting aside a ca. sa. tor irregular!ty, the court the party a-^o °stip¿ulate that he would not bring false im- and oTmotio® *° tbls co“rt íor a mandamus requiring them to vacate' ¡le^ tilat t^g ^as ™atter ?f discretion m the court he-which this court would-not interfere.
A motion was made for a mandamus, commanding the Judges below to strike out this condition; but, ° ' 7
were clear against the motion, and denied a-rule to shew cause. They said that requiring this condition was a mere matter of discretion with the Court below ;■ and this Court would not interfere.-
Motion denied.-