¶1The returns to the certioraris, in these causes, show that the plaintiff below was nonsuited at the trial, but that no costs have been adjudged against him. The nonsuits were improperly granted, but this court cannot restore the party to the state he was in, when the non-suit took place; and thus it turns out, that the only object in prosecuting these certioraris, is to throw a bill of costs on the defendant. We think the judgment below incomplete, and incapable of reversal or affirmance, and therefore give no judgment.
2 Johns. 8
Monnell v. Weller
Decided November 15, 1806
New York Supreme Court · decided 1806-11-15
These causes came before the court, on writs of cer-tiorari from a justice’s court. The plaintiff below brought actions against the defendants, for penalties under the 12th section of the act for. establishing a turn-Pike> (Raws of New-York, vol. 2. p. 459.) for forcibly passing one of the gates of the turnpike, without ,, Paymg toll.
Cited by 1 later decisions — most recently June 1869
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1806-11-15
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