People v. Onondaga General Sessions
New York Supreme Court
Motion for a peremptory mandamus. An alternative mandamus was ordered by this court (1 Wendell, 296,) to the general sessions of Onondaga, directing them to vacate a rule arresting the judgment on a conviction of one William Huntlev for perjury, or to shew cause. Cause was now shewn, and a peremptory mandamus refused.
1Opinion of the Court
By the Court, Marcy, J.
The appropriate remedy in this case is by writ of error, and not by mandamus. In civil cases, where a judgment is arrested, and the party wishes to review the decision, the practice is for him to move the court to give judgment against him, and if his opponent neglects to make up the record, to obtain leave to do it himself, and then bring error. If the court below should refuse to give such judgment, a mandamus will issue compelling them. (2 Johns. C. 215. 19 Johns. R. 247.) So in this case, the district attorney may move the court to give judgment for the defendant,…
2Cited by3 opinions
- People v. StoneNew York Supreme Court · 1832
- The People v. . CorningNew York Court of Appeals · 1848
- United States v. SalterWisconsin Supreme Court · 1843