State ex rel. Hawks v. Bickham
Ohio Circuit Courts
Mandamus. The relator presented his petition to two of the judges of this court at chambers praying for a writ a mandamus to compel the defendant to sign a bill of exceptions.
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Mandamus. The relator presented his petition to two of the judges of this court at chambers praying for a writ a mandamus to compel the defendant to sign a bill of exceptions. The petition alleges that a trial was begun and held before the defendant as justice of the peace, in which trial Hawks was the defendant; that during the progress of the trial Hawks took numerous exceptions to the rulings of the justice; that he excepted to part of the charge given to the jury, and to the overruling of his motion for a new trial; that both partiés agreed that the exceptions might be reduced to writing…
1Opinion of the CourtBeer, J.
It will be observed that the relator asks that the justice be compelled to sign — not a true bill of exceptions — but the bill which he refused to sign, and which, he says, is not a true bill of exceptions. The alternative writ commanded him to sign the bill which the relator presented for allowance. Under the circumstances, should a peremptory writ issué ?
*248It is claimed by the relator that the answer of the justice is insufficient. That he is bound to allow and sign a bill of exceptions if one be tendered within time. That if it is not correct the justice must correct it, or point out wherein…
2Cases cited6 opinions
- Carter v. City of PortlandOregon Supreme Court · 1873
- People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
- People ex rel. Maher v. WilliamsIllinois Supreme Court · 1878
- Hoxie v. County Commissioners of SomersetSupreme Judicial Court of Maine · 1845
- Shepard v. PeytonSupreme Court of Kansas · 1874
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