Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 4 (July Term, 1841, to December Term, 1842)
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11, first part. "2. Because the said defendant was not notified of the applica- tion for the peremptory mandamus, by the rule of this court served upon him, requiring him to return the said first writ of rr).andanii(s: Bac. Abr., title JIandamus (D) and authorities; Salk., 434; 3 Com. Dig., 39. " 3. Because in this case, the defendant had signed a bill of exceptions in the case of Phillips v. Bristol, mentioned in this case, such an one as he could, as appears by the affidavit of J. Y, Scam- mo...n, now on file, and in so doing had exercised that discretion 265 273 DECEMBER TERM, 1841. The People v. Pearson. belonging to him, and required of him by law, as judge of the seventh judicial circuit, and having so done, the said defendant respectfully saith that he was not liable to the writ and [*274] subsequent proceedings *thereon, up to the present attach- ment: Bac. Abr,, title Mandamus (E); Com. Dig., 24, 26, post; 14 East, 395; 19 Johns., 247, 259; 7 Johns., 549; 4 Blac. Com., 110. " 4.
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