Becker v. People ex rel. Cook

Johnson, Ch. J.

This is a writ of error, brought by the defendant in the Supreme Court, against whom, by the judgment of that court, a peremptory mandamus has been awarded. A motion is made to dismiss the writ, upon the ground that the proper and only mode of reviewing such a judgment is by appeal.

*488Under the judiciary act, this court possessed the power of reviewing, on writ of error, all judgments of the Supreme Court in cases at law, civil and criminal. By the Code, section 8, that act is declared to be divided into two parts, the first relating to courts of justice and their jurisdiction,…