People ex rel. Dyckman v. Trustees of Brooklyn , 1 Lock. Rev. Cas. 567 ( 1799 )

The Court of Errors accordingly dismissed the writ of error, holding, that a writ of error does not lie upon the refusal of the Supreme Court to grant a peremptory mandamus, when application is made on motion: that it lies only for the relator, when judgment is pronounced after issue joined, upon plea or demurrer interposed upon the coming in of the return to the alternative mandamus; and the writ of error was accordingly dismissed.