This is an application or petition in equity to the j udge of the superior court as chancellor to take such steps as will give the petitioner the writ of mandamus. A time was appointed at chambers to hear the petition, and on motion, it was dismissed by the chancellor.
This court never can decide that the judge of the superior court cannot refuse or deny an application for a rule 'nisi for mandamus at chambers, and never has so decided.
In ’Wheeler against Walker, supra, the court was on the point of the case being prematurely brought here on an application for mandamus in vacation, and held that it was not a final judgment or an interlocutory equity or injunction decision to be brought here on a fast bill of exceptions. It is true that Judge Warner says, arguendo, that “the judge at chambers had no authority under the law to hear and determine a demurrer to an application for a writ of mandamus nisi;” but it is obiter, and doubtless the word “nisi” was inadvertently written. The judge at chambers is not bound to grant a rule nisi on any sort of petition, but may dismiss the petition in limine on oral or written objection or demurrer, if called by the latter name.
Judgment affirmed.
