People ex rel. Metropolitan Street Railway Co. v. Roesch

The relator, being 'sued for negligence jointly with another defendant in the Municipal Court, made a motion for the removal of the cause to the City Court, and duly filed an undertaking, in which motion and undertaking the codefendant did not join. The justice held that he had no power to make such direction, and this application, is for a mandamus to Compel such removal. Such writ, however, will not issue when there is an adequate remedy by appeal. People ex rel. Wright v. Coffin, 7 Hun, 608, 609; Clark v. Miller, 54 N. Y. 528, 534; People v. R. R. Co., 63 How. Pr. 291, 296. That this…