The statute (Comp. L., § 7110) allowing a fine for not observing a writ of mandamus only applies when a writ has actually issued and been disobeyed. Failure to make return to an order to show cause does not come within the statute. Where a peremptory writ issues it is res judicata. But an order to show cause determines nothing and furnishes no means to measure damages for disobedience, and such disobedience must be punished by the usual remedies and not under the statute.

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