Legal Opinion

State ex rel. Hawks v. Bickham

Hancock Circuit Court

Decided November 15, 1889Published

Mandamus. The relator presented his petition to two of the judges of this court at cham-¡ bers, praying for a writ of mandamus to compel the defendant, a justice of thel peace, to sign a bill of exceptions.

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Mandamus. The relator presented his petition to two of the judges of this court at cham-¡ bers, praying for a writ of mandamus to compel the defendant, a justice of thel peace, to sign a bill of exceptions. The petition alleges that a trial was begun! and held before the defendant as justice of the peace, in which trial Hawks wa.sl the defendant; that during the progress of the trial Hawks took numerous excep-J tions to .the rulings of the justice; that he excepted to part of the charge givei f to the jury, and to the overruling of his motion íor a new trial; that both parties! agreed that…

1Opinion of the CourtBeer, J.

It will be observed that the relator asks that the justice be compelled to sign •not a true bill of exceptions — but the bill which he refused to sign, and which, he says, is not a true bill of exceptions. The alternative writ commanded him to sign the bill which the relator presented for allowance. Under the circumstances, should a peremptory writ issue?

It is claimed by the relator that the answer of the justice is insufficient. That he is bound to allow and sign a bill of exceptions if one be tendered within time. That if it is not correct the justice must correct it, or point out wherein…

2Cases cited5 opinions

  1. Carter v. City of PortlandOregon Supreme Court · 1873
  2. People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
  3. People ex rel. Maher v. WilliamsIllinois Supreme Court · 1878
  4. Shepard v. PeytonSupreme Court of Kansas · 1874
  5. State v. BabcockSupreme Court of Vermont · 1879

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