The Court of Errors, accordingly dismissed the writ of error, holding, that a writ of error does not lie upon the refusal of the Supreme Court to grant a peremptory mandamus, when application is made on motion:—that it lies only for the relator when judgment is pronounced after issue, joined upon plea or demurrer, interposed upon the coming in of the return to the alternative mandamus ; and the writ of error was accordingly dismissed.
1 Lock. Rev. Cas. 24
The People, ex rel. Dyckman, v. The Trustees of Brooklyn, 13 Wend. 130.
In S. Ct. 1 Wend. 318.
Dismissing Writ of Error.
This was an application on motion for a peremptory mandamus to the trustees of Brooklyn, to compel them to file a report of commissioners of assessment and estimate, and obtain a confirmation of the same, and to have the damages which had been awarded, duly assessed, <fcc.
The Supreme Court refused to issue the peremptory mandamus, as the relator did not show a complete, but only an inchoate right, and therefore, was not entitled to a mandamus ; that this writ will not be allowed, unless there is no other specific remedy, and the Court, therefore, left the party to his remedy by action.
*25The relator brought a writ of error on this refusal of the Supreme Court, to issue the peremptory mandamus. A motion was made on the part of the trustees, to dismiss it as irregularly and prematurely brought.
People ex rel. Dyckman v. Trustees of Brooklyn
1 Lock. Rev. Cas. 24
Case Details
1 Lock. Rev. Cas. 24
References
Nothing yet... Still searching!
Nothing yet... Still searching!