Astor v. Chambers

1 Mo. 191

Opinion

M’Girk, C. J.,

delivered the opinion of the Court.

The 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.

This writ must be dismissed-