People ex rel. Halsted v. Superior Court
19 Wend. 701 | N.Y. Sup. Ct. | 1839
By the Court,
The mandamus cannot be granted. This court cannot control the discretion exercised by the court below. Besides it is not perceived why it was not fitly exercised. The stay is only temporary, until the determination of the replevin suit. It was fully competent to the court to make the order.
Mandamus denied.