Ex parte Bostwick

New York Supreme Court

Ex parte Bostwick

1 Cow. 143

CourtNew York Supreme Court

DecidedAugust 15, 1823

StatusPublished

Cited by2 cases

This text of 1 Cow. 143 (Ex parte Bostwick) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Bostwick, 1 Cow. 143 (N.Y. Super. Ct. 1823).

Pincite

Opinion

Curia.

Mandamus will not lie in cases where a remedy may be had by writ of error. Now, it is plain, from the cases cited by the counsel for the defendant, that error will lie where judgment is arrested—not directly and in the first instance—but the party wishing to bring error, should apply to the Court below for judgment against himself. For instance, the plaintiff who applies here should have prayed judgment for the defendant in the Court below. For refusing this, a mandamus would lie. And when the record is put in this form, error may be brought.

Motion denied.

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Curia.

Mandamus will not lie in cases where a remedy may be had by writ of error. Now, it is plain, from the cases cited by the counsel for the defendant, that error will lie where judgment is arrested—not directly and in the first instance—but the party wishing to bring error, should apply to the Court below for judgment against himself. For instance, the plaintiff who applies here should have prayed judgment for the defendant in the Court below. For refusing this, a mandamus would lie. And when the record is put in this form, error may be brought.

Motion denied.

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Bluebook (online)

1 Cow. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-bostwick-nysupct-1823.

Opinion

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