People ex rel. Works v. Judges of the Court of Common Pleas
New York Supreme Court
C. P. Kirkland, shewed cause, why a mandamus should, n0^ issuei requiring the Judges, &c. of Onondaga County to orc*er an exonereiur entered upon a hail piece, wherein Works had become special bail for Rust, at the suit of Froth^nS^am & Fort, in the Common Pleas of Onondaga, and to set aside the proceedings in a suit against the bail, The bail piece was filed March 1st, 1822 ; an exception endorsed thereon the 9th day of the same month, against the bail, and notice thereof…
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C. P. Kirkland, shewed cause, why a mandamus should, n0^ issuei requiring the Judges, &c. of Onondaga County to orc*er an exonereiur entered upon a hail piece, wherein Works had become special bail for Rust, at the suit of Froth^nS^am & Fort, in the Common Pleas of Onondaga, and to set aside the proceedings in a suit against the bail, The bail piece was filed March 1st, 1822 ; an exception endorsed thereon the 9th day of the same month, against the bail, and notice thereof served the same day. The declared de bene esse, and afterwards, on being indemnified against the insufficiency of Works,…
1Opinion of the Court
*55Kirkland, said that this Court would not interfere with mere questions of practice in the Courts of Common Pleas, That each of these Courts had rules of practice peculiar to themselves, into the propriety of which, the Supreme Court would not inquire. He referred to Lee v. Oxenden, (Skinn. 290,) and Lee’s case, (Carth. 169,) where the King’s Bench refused to interfere, by mandamus, to restore a Proctor of Doctor’s Commbns, who complained that he had been improperly removed from practising there, by the Dean of the Arches. This was upon the ground of its being a matter, properly, and- only…
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