People v. Tioga Common Pleas
This text of 1 Wend. 291 (People v. Tioga Common Pleas) 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.
Opinion
By the Court,
The common pleas erred, and an alternative mandamus would have been granted, had the affidavit not been entitled. It is the settled practice of this court, that on a motion for a mandamus, the affidavit must not be entitled. The reason is, that at the lime of the [292]*292making of the affidavit, there is no cause pending in this court; and an indictment for perjury in making such an affidavit must fail, as it could not be shown that such a cause existed in the court in which the affidavit was made. (2 Johns. R. 373.)
Motion denied.
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