People ex rel. Knapp v. Judges of the Court of Common Pleas
New York Supreme Court
The defendants not having yet made return to the alter- .. . . n . . . - , . , native mandamus issued in this cause, for which purpose time was given them at the last term, (vid. ante, 73, S. G.)
1Opinion of the Court
Curia.
The Judges did not understand the purpose for which we made the rule giving time at the last term. We considered the alternative mandamus in the nature of a rule to show cause; that it might be served by showing the original, and delivering a copy in vacation. It follows, that the Judges might have made a return without the writ. We give them to the next term, at which time they are to make a return. The relator must then file the original writ.
Rule accordingly.
2Cited by1 opinion
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