Ex parte Johnson

Ex parte Johnson. Phebe Johnson petitioned the Judges of the Court of Common Pleas of Montgomery county, that such proceedmgs might be had against-—.-a Justice of the Peace of that county, as the constitution and laws of this state require, for a false return to a writ of certiorari, and for keepáng his office in a grog or dram shop, setting forth the partióulars, and verifying the petition by her affidavit. The petition was presented to the Judges the 12th October, 1324, at which time they made a rule, that the prayer of the petition he denied, without hearing the merits. ’ 63 Under the tlle 4tll articje °-f^iet^°n|a3g“ es of the com-™on whether they chaUe^preferfGd. against^j. pTacT; mid the supreme cours will net interfere with its exercise. P. Brooks now moved for a mandamus, commanding the Judges to take cognizance of this matter; but [MAJORITY — Per Curiam.] Per Curiam. The whole was a mere matter of discretion with the Common Pleas. Under the constitution, (art0 4, s. 7) they are the sole judges whether they will notice the charges preferred or not. They hold a constitutional power, with which we will not interfere. Besides, it is a sufficient answer to that part of the case which complains of a false return, that it is more properly triable in another form. Motion denied.