State ex rel. Hawks v. Bickham
Hancock Circuit Court
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
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- People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
- People ex rel. Maher v. WilliamsIllinois Supreme Court · 1878
- Shepard v. PeytonSupreme Court of Kansas · 1874
- State v. BabcockSupreme Court of Vermont · 1879