1 Wend. 297 | N.Y. Sup. Ct. | 1828
By the Court,
It is well established, by frequent decisions, that this court will not attempt, by mandamus, to control or coerce the discretion of a subordinate tribunal. It is the duty of the court, however, to review the decisions of such tribunals when properly brought up, and if they have erred in the application of legal principles to the cases before them, the court will apply the proper remedy. Whether the affidavits of the jurors, rejected by the common pleas, should have been received, is a question not of discretion, but of law; and if the court erred in that respect, their decision is a proper subject of review in this court, and a remedy may be afforded by mandamus.
Motion denied.