Elkins v. Athearn
New York Supreme Court
Elkins, on the 13th of January, 1845, recovered a judgment against Athearn in the superior court of the city of New-York for about $4500 damages and costs, in an action of assumpsit. Elkins on the same day assigned the judgment to Beardsley and Chalmers, for a valuable consideration. After-wards the superior court, on the defendant’s application, opened the judgment upon terms, for the purpose of enabling the defendant to plead his discharge in bankruptcy.
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Elkins, on the 13th of January, 1845, recovered a judgment against Athearn in the superior court of the city of New-York for about $4500 damages and costs, in an action of assumpsit. Elkins on the same day assigned the judgment to Beardsley and Chalmers, for a valuable consideration. After-wards the superior court, on the defendant’s application, opened the judgment upon terms, for the purpose of enabling the defendant to plead his discharge in bankruptcy. Beardsley and Chalmers, the assignees of the judgment, obtained an order at the last December special term, requiring the justices of the…
1Opinion of the Court
Bronson, Ch. J.
But the court acted judicially in making the order, and,whether they were right or wrong, it is settled that judicial errors cannot be corrected by mandamus. The writ will be awarded to set an inferior court in motion, when it has refused to act; but not for the purpose of requiring the court to come to any particular decision, nor to retrace its steps when it has already acted.
Evarts. Relief has been granted in this form since the decision of the court of errors in- The Judges of Oneida v. The People, (18 Wend. 79,) which is said to lay down a different rule.
The Chief.…
2Cases cited2 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
3Cited by6 opinions
- People ex rel. Brower & Delaney v. Judge of Wayne Co. CourtMichigan Supreme Court · 1850
- People ex rel. Rogers v. County JudgeNew York Supreme Court · 1856
- State ex rel. Wood v. Judge of Kenosha Circuit CourtWisconsin Supreme Court · 1854
- Cattermole v. Ionia Circuit JudgeMichigan Supreme Court · 1904
- Fong, Auditor v. Sapienza, JudgeHawaii Supreme Court · 1951
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