¶1On a motion for an alternative mandamus to a court of common pleas to vacate a rule granted by it, the Chief Justice announced that the judges, on consultation, had come to the conclusion for the future, on applications of this kind, if a prima facie case was made out, to grant a rule for the common pleas to shew cause, instead of awarding an alternative mandamus ; and accordingly such order was made in this case.
9 Wend. 472
Anon
Decided February 15, 1833
New York Supreme Court · decided 1833-02-15
<p>Instead of an alternative mandamus to a court of common pleas to vacate a rule ordered by it, this court in the first instance grants an order to shew cause.</p>
Decided 1833-02-15