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1 Mo. 191

Astor v. Chambers

Supreme Court of Missouri

Decided May 15, 1822

Supreme Court of Missouri · decided 1822-05-15

<p>An order of the Court below, striking a cause from the docket, is not such a decisions as will authorize a writ of error. The party has his remedy by mandamus.</p>

Decided 1822-05-15

M’Girk, C. J.,

¶1delivered the opinion of the Court.

¶2The first question, and the only question necessary to be decided, is, is the decision or order in the case such as a writ of error will lie on ? The words of the order are: it is ordered that the said suit be stricken from the docket of this Court. This is not a decision of the Court in a cause, but a refusal to proceed; and if it can be redressed, it must be by a mandamus, and not by writ of error.

¶3This writ must be dismissed-

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