State ex rel. Wood v. Judge of Kenosha Circuit Court
Wisconsin Supreme Court
This was an alternative writ of mandamus directed to the judge of the Circuit Court of Kenosha county requiring Mm to enter an order that one Peter Reas pay the costs in a certain suit pending in said court, entitled Peter PI.
Read the full summary
This was an alternative writ of mandamus directed to the judge of the Circuit Court of Kenosha county requiring Mm to enter an order that one Peter Reas pay the costs in a certain suit pending in said court, entitled Peter PI. Wood, executor of the last will and testament of Uriah Wood, deceased, appellant, vs. Edward Ducharm, appellee, or that he show cause, &c On the 10th day of February, 1854, the judge of said Circuit Court.made report, showing cause why he did not enter the order aforesaid. It appears by the return that said Ducharm, in 1850, presented to the commissioners appointed to…
1Opinion of the Court
By the Court,
Whiton, C. J.
The peremptory mandamus must be denied.
The judge of the first circuit has already decided *811the matter in controversy between the parties in interest, and we cannot in this way correct any errors which he may have committed. Admitting that the position taken by the relator is correct; that Reas should have been ordered to pay the costs, still a mandamus does not lie to correct any such error.
To direct in this way the judge to decide the questions involved, would be a gross perversion of the proper office of a writ of mandamus. Peop. vs. Oneida Com. Pleas, 21 Wend., 20…
2Cases cited2 opinions
- People v. Judges of Oneida Common PleasNew York Supreme Court · 1839
- Elkins v. AthearnNew York Supreme Court · 1846
3Cited by2 opinions
- Saint Michael's Monastery v. SteeleIdaho Supreme Court · 1917
- Fong, Auditor v. Sapienza, JudgeHawaii Supreme Court · 1951