People ex rel. Clark v. McRoberts

Walker, J.:

This is an application for leave to file a petition for a summons in mandamus, and to make the writ returnable to this term of court. We have examined the application, and we find that the relief sought is simply to compel the court below to grant a change of venue. After an examination of the authorities, and the briefs of the parties, we are of opinion that the writ will not lie. At common law it seems that such a writ was not allowed, nor do we think that under our statute any change has been made in regard to an application of this character. If the writ was allowed in this…