
    The People against The Judges of Cayuga, &c.
    Where a court of common pleas refuses to give judgment in a cause before them, this court will not grant a mandamus, until after a rule to show cause has first been granted for the purpose.
    Mumford, on an affidavit, stating that a verdict had been obtained, in an action depending in the common pleas of Cayuga county, on which the court refused or delayed to give judgment, moved for a mandamus to the judges of that court, commanding them to pronounce judgment on the verdict.
   Per Curiam.

The practice adopted in such case is first to grant a rule to show cause. On showing cause, it is in the discretion of the court to grant a peremptory mandamus or not, as the case may require. Take a rule to show cause.() 
      
      
        (a) See The People v. Judges of Washington, 1 Caines, 511; The People v. Troop, 12 Wend. 183. See also, the note to Fish v. Weatherwax, infra, 215.
     