ALBANY,
April, 1833.
A mandamus will not be granted commanding a justice to proceed in a suit before him in which he had given judgment of nonsuit, which subsequently was reversed in the common pleas.
A motion was made for a mandamus commanding a justice of the peace to proceed and tiy a cause in which he had granted judgment of nonsuit against the plaintiff, who had sued out a certiorari and reversed such judgment of the justice.
By the Court,
The reversal of the justice’s judgment and the restitution of the costs which the common pleas were authorized to award, gave the plaintiff all he was entitled to ; if be wishes further to prosecute the defendant, he must begin de novo.
Motion denied.
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