3 Ala. 746 | Ala. | 1842
It does not explicitly appear from the-bill of exceptions, that a motion for a new trial was regularly made, and continued at the term of the Court at which the jury
But the refusal of a Court to decide upon a matter even- within its discretion, is not a case unprovided for by law. In such a case, a mandamus- is the appropriate remedy to compel the Judge to make such a decision, as in his judgment is proper and legal. Dunkin v. Mun. T. Raym. Rep. 235; Rex v. Hay, 4 Burr. Rep. 2295; Commonwealth ex rel. Breckenridge v. The Judges of the Court of Common Pleas. of Cumberland co., 6 Wheeler’s Ab. 556; 1 Serg’t & Rawle’s Rep. 187.
We.have only to add, the judgment-is affirmed.