The People at the relation of Allaire vs. The Judges of West-Chester

The People at the relation of Allaire vs. The Judges of West-Chester. ON affidavit that a Bill of Exceptions had been regularly tendered to the Judges of the Court of Common Pleas of the county of West-Chester, who had refused to complete the same, a motion was now made for a mandamus to compel them to affix their seal to the Bill of Exceptions, or shew cause. Munro for cause read a counter affidavit, stating that the bill of exceptions varied materially from the truth of the case. [MAJORITY — Per Curiam.] Per Curiam. If a Court of Common Pleas re. fuses, without sufficient grounds, to annex their seal to a Bill of Exception, it is a contempt for which this Court will award compulsory process. But it appears here from the affidavit on the part of defendants, that the Bill of Exceptions which was tendered was untrue, and as the party making the application has not denied the correctness of the statement, he must be considered as having consented to it. This undoubtedly was sufficient cause for refusal. Motion denied with costs to the Judges for opposing it.