Majority
p. 117*The People, ex relat. Allaire, against The Judges of West Chester.([1] )
Headnote
If a court of common pleas, without sufficient ground, refuse to seal a bill of exceptions, it is a contempt, and this court will award a mandamus, to compel them to sign it.But if the bill of exceptions tendered be untrue it is a sufficient cause to refuse a mandamus.
On an affidavit that a bill of exceptions had been regularly tendered to the judges of the court of common pleas
p. 118now moved for a mandamus to compel them to affix their seal to the bill of exceptions, or show cause. read a counter affidavit, stating that the bill of exceptions, varied materially from the truth of the case.
of the county of West Chester, who had refused to seal the same,
Troup
Munro
If a court of common pleas refuses, without sufficient grounds, to annex their seal to a bill of exceptions, it is a contempt for which this court will award compulsory process. (2 Inst. 427.) But it appears here, from the affidavit on the part of the defendants, that the bill of exceptions which was tendered, was untrue, and as the party making the application, has not denied the correctness of the statement, he must be considered as having consented to it. This, undoubtedly, was sufficient cause for refusal.
Motion denied, with costs to the judges for opposing it.([1] )
b b (b) See note to Fish v. Weatherwax, infra, p. 215 ; Silas v. Ransom, 6 Johns. 279 ; The People v. The Judges of Washington, 1 Caines, 511.