
    
      Ex parte Coster.
    ALBANY,
    Oct. 1827.
    The supreme n^y mandamus to control the 0. P. on a question of amending a formal defect which, depends upon their rules of practice. X. g. Allowing a party to enter rules for interlocutory judgment and assessment of damages nunc pro tunc.
    
    In a cause of Phoenix against Coster, in the C. P. of New York, judgment was entered at the last December term of that court, for the plaintiff, on an assessment of damages by the clerk. But there was no rule previously entered for interlocutory judgment, nor any rule for the assessment.
    At the last September term, on motion of Phoenix, that court allowed both the omitted rules to be entered nunc pro tunc, on P.’s affidavit that the omission was unintentional.
    A motion was now made for a mandamus, commanding the 0. P. to vacate their order to enter the omitted rules.
    
      M. Ulshoeffer, for the motion,
    cited 1 Caine’s Rep. 6, 583; 17 John. 270; 1 R. L. 522.
    
      JE. Gowen, contra.
   Curia.

The question below was upon a mere point of practice, with which we cannot interfere by mandamus. *The C. P. might or might not require these rules to be entered. They were but matter of form, at most, and being omitted, it was in the discretion of the court to allow of the amendment.

Motion denied.  