People ex rel. Beach v. Seneca Common Pleas
New York Supreme Court
Motion for a mandamus. The relator recovered a juclgmen* before a justice against a constable and his sureties, the former having made himself liable in relation to an execution issued on a judgment in favor of the relator against J. Knox, g_ gCutt and J. Stark. The defendants appealed.
Read the full summary
Motion for a mandamus. The relator recovered a juclgmen* before a justice against a constable and his sureties, the former having made himself liable in relation to an execution issued on a judgment in favor of the relator against J. Knox, g_ gCutt and J. Stark. The defendants appealed. On the trial of the cause in the common pleas, in February, 1828, it was discovered that the justice, in stating the demand of the plaintiff, had stated that the action before him was brought on a judgment against J. Knox and S. Scutt, omitting the name of J. Stark. The common pleas permitted the plaintiff to…
1Opinion of the Court
By the Court, Sutherland, J.
The motion is denied. Here has been a delay of a year since the happening of the errors complained of, and the fact of the party’s having been advised that his remedy was by writ of error, furnishes no excuse. This court will not by mandamus disturb proceedings in which parties have so long acquiesced.
2Cited by11 opinions
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- Teat v. McGaugheyTexas Supreme Court · 1893
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- State ex rel. Beach v. District CourtMontana Supreme Court · 1903
- City of Roxbury v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1850
6 more not listed; retrieve them via the Exa API.