Legal Opinion

People v. Columbia Common Pleas

New York Supreme Court

Decided October 15, 1828PublishedCited by 26 opinions

Motion for a mandamus. Robert Patterson confessed, a judgment in the Columbia common pleas, in favor of John Hosmer, on the 28th day of August, 1826, by bond and warrant of attorney, conditioned for the payment of $5300, on which a ji.fa. issued on the same day, and the personal property of the defendant levied upon.

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Motion for a mandamus. Robert Patterson confessed, a judgment in the Columbia common pleas, in favor of John Hosmer, on the 28th day of August, 1826, by bond and warrant of attorney, conditioned for the payment of $5300, on which a ji.fa. issued on the same day, and the personal property of the defendant levied upon. A few hours after the delivery of the execution, another judgment ivas entered against the defendant in favor of Elisha Williams, as trustee for the Bank of Columbia and others, also on a bond and warrant, conditioned for the payment of $25,000, and a fi. fa. on that judgment…

1Opinion of the Court

By the Court,

Savage, Ch. J.

It is well established, by frequent decisions, that this court will not attempt, by mandamus, to control or coerce the discretion of a subordinate tribunal. It is the duty of the court, however, to review the decisions of such tribunals when properly brought up, and if they have erred in the application of legal principles to the cases before them, the court will apply the proper remedy. Whether the affidavits of the jurors, rejected by the common pleas, should have been received, is a question not of discretion, but of law; and if the court erred in that respect,…

2Cited by26 opinions

  1. Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
  2. Dalrymple v. . WilliamsNew York Court of Appeals · 1875
  3. People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
  4. Turner v. Tuolumne County Water Co.California Supreme Court · 1864
  5. People v. FlynnUtah Supreme Court · 1891

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