People ex rel. Newell v. Montgomery Common Pleas

18 Wend. 341

Opinion

Motion for mandamus. The common pleas of Montgomery quashed an appeal from a justice’s judgment on the ground that the appeal was allowed by the first judge of the county, when absent from the county, to wit, in Albany. The relator asked for a mandamus to vacate the rule quashing the appeal. The court denied the mandamus, saying the judge had no jurisdiction to allow the appeal; it was a judicial act which could properly be performed only in the county for which he was appointed.