
    The People, ex rel. Dyckman, v. The Trustees of Brooklyn, 13 Wend. 130.
    In S. Ct. 1 Wend. 318.
    
      Dismissing Writ of Error.
    This was an application on motion for a peremptory-mandamus to the trustees of Brooklyn, to compel them to file a report of commissioners of assessment and estimate, and obtain a confirmation of the same, and to have the damages which had been awarded, duly assessed, &c.
    The Supreme Court refused to issue the peremptory mandamus, as the relator did not show a complete, but only an inchoate right, and therefore, was not entitled to a mandamus ; that this writ will not be allowed, unless there is no other specific remedy, and the court, therefore, left the party to his remedy by action.
    The relator brought a writ of error on this refusal of the Supreme Court to issue the peremptory mandamus. A motion was made on the part of the trustees, to dismiss it as irregularly and prematurely brought.
   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.  