
    Mayo v. Clark.
    [April Term, 1800.]
    Supersedeas — Refusal to Grant — Mandamus.—If the District Court refuse to grant a supersedeas to a judgment of the County Court, and enter the refusal on record this court will not grant a mandamus, but will award a supersedeas to the order of the District Court.
    Mayo had petitioned the District Court of Richmond for a writ of supersedeas to an order of Powhatan County Court concerning a road; which the District Court refused; and entered their refusal on record.
    Randolph, moved a few days ago for a rule upon the Judges of the District Court to shew cause why a writ of mandamus should not issue to compel them to grant the writ of supersedeas? And to day.
    
      
      Supersedeas - Refusal to Grant- Mandamus. — The principal case is cited and approved in Welch v. County Court, 29 W. Va. 78, 81, 1 S. E. Rep. 348, 351; Wingfleld v. Crenshaw, 3 Hen. & M. 254. 257. See foot-note to Morris, Ex narte, 11 Gratt. 292.
      Same — Same—Same—Relief Obtainable in Superior Court. — Mandamus will not lie to compel the granting of a supersedeas when the court to which the application is made for the writ of mandamus can itself grant the supersedeas. 13 Enc. PI. &Pr., p. 587, citing the principal case.
    
   LYONS, Judge,

informed him, that the court was of opinion that a mandamus was not a proper remedy. That they did not pretend to prescribe what mode he should pursue; because it was sufficient *for them to say that his present application was improper. . Whereupon, Randolph moved for, and obtained a writ of supersedeas.  