People ex rel. Holbrook v. Judges of the Jefferson Common Pleas
New York Supreme Court
M. W. & J. Symonds obtained a judgment in a justice’s court against J. Holbrook and others. The defendants entered an appeal to the Jefferson common pleas, which, on the motion of the plaintiffs, was quashed. The defendants applied to the supreme court for a mandamus to vacate the rule of the common pleas quashing the appeal; an alternative mandamus was ordered, and a return made to the same by the common pleas.
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M. W. & J. Symonds obtained a judgment in a justice’s court against J. Holbrook and others. The defendants entered an appeal to the Jefferson common pleas, which, on the motion of the plaintiffs, was quashed. The defendants applied to the supreme court for a mandamus to vacate the rule of the common pleas quashing the appeal; an alternative mandamus was ordered, and a return made to the same by the common pleas. On the coming in of the return, the supreme court, instead of directing a peremptory mandamus, ordered , 1 , the relators to demur to the return, which was done, and a copy of the…
1Opinion of the Court
By the Court, Marcv, J.
The Messrs. Symonds, who are sought to be charged with costs in this case, have done no act which subjects them to a liability for costs. Their application to the common pleas to have a return made to the alternative mandamus, and their opposition to the issuing of a peremptory mandamus, ought not to have that effect. In those particulars, they did no more than what is ordinarily done by parties in cases of mandamus, and yet they are not subjected to costs. Even this court, on the coming in of the return, were not prepared to say that a peremptory mandamus ought to…
2Cited by1 opinion
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