5 Wend. 132 | N.Y. Sup. Ct. | 1830
By the Court,
The practice of the court in cases like the present is in the first instance to refer back the bill of exceptions or case to the judge who has settled it, that he may have an opportunity to review it. Take a rule accordingly.
That the cour* possess the power of granting a mandamus in a case like the present, was determined in Sikes v. Ransom, 6 Johns. R. 279, on an op. plication for such writ to a court of common pleas, to amend a hill of exceptions