Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1869-01-06


dial nature commonly issued injured party had
other remedy cases when he had
saother bat more tedious method ofrCdFess Black CON-
In general the writ in this country issues under constitution
ancient remedial neeats sti governed By The
mon law rules Kentucky Deanison, y Howard, S. Il s
as general principle, res0rtte to prevent disorder from
failure Of Justice and viii lie al where she Law has
9o is mere 'a' 70 e ooS moses On Ana''u'
But the law makes d,aeoa between ministerial and ia
dicia duties In particular duty imposed
may be compelled while in tie latter, judicial oieeFwhen
Judgment the before HIN But the court L.
suing the wFt will not direct him how 10 proceed, what
Judgment TO rener thai = t - his high Of duty
judicial oacer He s e compelled to act discharge
his duty otherwise there would be failure justice.
In this case II 10 insisted on RE one hand hat he receiving
ding and recording Of the viii u1eF consideration merely
mnisteral and not Judicial act the other that
judicial act which appeal to the Circuit Court
It clear, when authenticated copy foreign will Is
that ordering sled and recorded is not matter
Of cause The County Judge las something desome legal
presented duly authenticated according the act Of Cen
gress whether he court which The viii p9rpor te have
devise Of real estate wbsr M e gr sstae a. hss bes
code Sis2S4-5 also, oriPpen rs Dexter, Grdys r., $50
II might be, and think prAble, under the CODE sec.
54 where the County Court had made aud formally entered
upon its records anal judgment decree, embracing the
foregoing points, such others il any as may lawfully
within its jurisdiction that APPEAL would lie from such hnsl
Judgment or decree 20 the Circuit Court But in this
such final Judgment OF decree apFar to have been entered Of
record.
The existence Of the order appears only tie petition
answers OF the parties Il Is sail Afterwards actually
entered pro bot the
The fact consequently there a1lne which
the rclatoT could appeal.
But be this ma The set the proceedings
and the facts in the petition admitted the
answers, contain every essential necessary authorize
the County Court receive, file ae record the authenticated
copy OF the viii preoned and issue letters testamentsry
thereon.
Assuming, therefore, that the Cuuay Judge judi
cia tribunal, and having found necessary
judgment Decree that the judgment Decree would be
nothing but the conclusion of law upon The facts the entering
up Of the proper Judgment mus he regarded its nature
ministerial and in the absence Of ay Other adequate specific
Moses Mandamus 80, 81, Rue horse petitioners is Picks
Reports Alb, Delaney Golden; u Grattan Va eco City
Galsna vs.. Amy; VOL, 70s, and authorities cited
Now, in this case, without the judgment decree Of the
court on the record, how would appeal lie and taken
what would the revising tribunal have be upon which to
pronounce judgement We apprehed all other questions out
Of the way, it could do nothing bat dismiss the appeal
It follows, therefore, from Of the whole case, that
the judgment Of the Circuit Court be reversed and per-
I emptoTy mandamus awarded. MILLIGAN, Judge.
Attest: j. G.. FRAZER Clerk.