People ex rel. Dyckman v. Trustees of Brooklyn

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.