The People, at the relation of Jansen and others, admrs of Jansen, v. The Judges of Ulster

The People, at the relation of Jansen and others, admrs of Jansen, v. The Judges of Ulster. GARDINIER moved for á mandamus to the judges of the common pleas of the county of Ulster, to compel them to give costs for the plaintiff, a recovery having been had before them for the plaintiffs, for a sum less than £.' 10. It was now contended, that, as it had been settled that executors or administrators cannot sue in a justice’s court, it must follow' that they shall have cost's in the court to which they are compelled to resort, and therefore that the only question now left to be considered, was, whether a mandamus was the proper remedy in this case, or whether it should be error, as the court seemed to intimate at last term. Error it was said would only lie to reverse a judgment, and not to compel the rendition of a judgment. He cited to this point, 3 Bac. Abr. 535. 1 Str. 698. Cowp. 378. That this was a proper case for a mandamus, he cited 1 Burr. 568. 3 Black. Com. 110. 1 Str. 530. and 11 Co. Medcalf's case. Cur. ad. vult. [MAJORITY — Per Curiam.] Per Curiam. After looking over all the authorities, we are of opinion, that a writ of error will well lie here, and therefore refuse this application for a mandamus. Motion denied.