Legal Opinion

Judges of Oneida Common Pleas v. People ex rel. Savage

Court for the Trial of Impeachments and Correction of Errors

Decided July 1, 1799Published

This case having been the leading decision in the reform said to have been effected, by the Court of Errors in the practice of the Supreme Court with respect to issuing the writ of mandamus to correct the errors of inferior courts, we shall give a brief view of the jurisdiction thus exercised before the question came before the Court of Errors in the above cause.

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This case having been the leading decision in the reform said to have been effected, by the Court of Errors in the practice of the Supreme Court with respect to issuing the writ of mandamus to correct the errors of inferior courts, we shall give a brief view of the jurisdiction thus exercised before the question came before the Court of Errors in the above cause. That the Supreme Court had, in a few instances, by haste or incaution, granted the writ in cases where it was not the appropriate remedy, may be safely enough admitted, as that court itself hastened to acknowledge it and to u stand…

1Opinion of the Court

The cases so far .as they are reported, in which the Supreme Court had interfered, to “ correct the errors” of inferior tribunals, are very few and do not appear to have been very carefully weighed. A few instances may suffice. In Blunt v. Greenwood, 1 Cow. 15, the court did interfere by mandamus to correct the practice of the Common Pleas of New-York, in setting aside afi. fa. as irregular; anda mandamus issued to that effect, commanding them to vacate the rule, setting it aside. (See form of writ, 1 Cow. 22.) The question as to the power of the court to correct such an order by mandamus…

2Cases cited7 opinions

  1. People v. Columbia Common PleasNew York Supreme Court · 1828
  2. Blunt v. GreenwoodNew York Supreme Court · 1823
  3. Ex parte BailyNew York Supreme Court · 1824
  4. Ex parte JohnsonNew York Supreme Court · 1824
  5. Ex parte BensonNew York Supreme Court · 1827

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