Horne v. Barney

Decided October 15, 1821

New York Supreme Court · decided 1821-10-15

IN ERROR, to the Court of Common Pleas of Jefferson county. It appeared, on the return of the writ of error, that the Court below arrested judgment, for the insufficiency of the declaration.

Good law ✅— No negative treatment on recordhow we know

Decided 1821-10-15

How this case has been cited

Cited by 4 later decisions — most recently April 1934

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Spencer, Ch. J.

¶1Error will not lie in this case, for there is no judgment to be affirmed or reversed. (Fish v. Weatherwax, 2 Johns. Cases, 215.) You should have applied for a mandamus.

¶2 *248Griffin said, that the language of the record showed a judgment of the Court below.

¶3Lynch, contra. There is no judgment for costs, and, therefore, nothing by which the party is aggrieved. The ' plaintiff is not concluded; but may bring another action.

Per Curiam.

¶4There is no judgment to be affirmed or reversed, in this case. The party may, as he shall be advised, move to quash the writ of error.