People ex rel. Rogers v. County Judge
New York Supreme Court
Motion for a mandamus to the county judge, See., commanding him to allow an appeal to be placed on the calendar, &c., and to hear the argument thereof, and to give judgment thereon, Sec. The justice’s return to the appeal was filed on the 10th July, 1855, and the appeal was noticed for argument by the appellant for the fourth Monday of August, 1855. On the 27th August, 1855, the appellee obtained an order that the justice make and file an amended return.
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Motion for a mandamus to the county judge, See., commanding him to allow an appeal to be placed on the calendar, &c., and to hear the argument thereof, and to give judgment thereon, Sec. The justice’s return to the appeal was filed on the 10th July, 1855, and the appeal was noticed for argument by the appellant for the fourth Monday of August, 1855. On the 27th August, 1855, the appellee obtained an order that the justice make and file an amended return. The argument of the appeal was postponed at the request of the appellee from time to time, and until the fourth Monday of August, 1856, in…
1Opinion of the Court
Paige, Justice.
It is now the settled doctrine of this court, that a mandamus will not lie to an inferior court for the correction of judicial errors. All that this court, in the exercise of its supervisory powers over subordinate judicial tribunals, can do is to require them, by mandamus, to proceed to judgment; but it cannot dictate what particular judgment they shall render. Although ministerial officers and corporations may be required, by this writ, to act in a particular manner, or even to reverse what they have already done; the rule is otherwise in relation to courts of justice, and…
2Cases cited3 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Elkins v. AthearnNew York Supreme Court · 1846
3Cited by2 opinions
- In re HeymanNew York Supreme Court · 1930
- Moose v. Town Board of HealthNew York Supreme Court · 1921