Legal Opinion
People ex rel. Phelps v. Delaware Common Pleas
New York Supreme Court
Decided February 15, 1829PublishedCited by 4 opinions
Motion for a mandamus. A plaintiff in a suit which had been carried up by appeal to the Delaware common pleas, was nonsuited. Five years afterwards, application was made to the common pleas to quash the appeal for a defect in the appea] ]]0nd, which was refused. A mandamus was now ** 3 asked for, directing a vacatur of the rule refusing the application, and ordering the appeal tobe quashed,
1Opinion of the Court
By the Court, Sutherland, J.
The bond was palpably bad, and were the proceedings still pendente lite in the common pleas, an alternative mandamus would be awarded. But after the lapse of five years subsequent to the final decision of the cause, the court deem it inexpedient to interfere.
Motion denied.
2Cited by4 opinions
- Teat v. McGaugheyTexas Supreme Court · 1893
- Fish v. WeatherwaxNew York Supreme Court · 1801
- People ex rel. Conklin v. BoyleNew York Supreme Court · 1917
- People ex rel. Ward v. AstenNew York Court of Common Pleas · 1875