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People ex rel. Phelps v. Delaware Common Pleas

2 Wend. 256 Court N.Y. Sup. Ct. English

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p. 256
The People, on the relation of Phelps, vs. Delaware Common Pleas.

Headnote

. Five years afdisposition™"!1 an appeal c^PAh'iscourt will not interiere, by man* damns, to dijngof ethe"appeal.
Motion for a mandamus. A plaintiff in a suit which had been carried up by appeal to the Delaware common pleas, was nonsuited. Five years afterwards, application was made to the common pleas to quash the appeal for a defect in the appea] ]]0nd, which was refused. A mandamus was now ** 3 asked for, directing a vacatur of the rule refusing the application, and ordering the appeal tobe quashed,

The bond was palpably bad, and were the proceedings still pendente lite in the common pleas, an alternative mandamus would be awarded. But after the lapse of five years subsequent to the final decision of the cause, the court deem it inexpedient to interfere.

Motion denied.