Brown v. Union Bank of Florida

45 U.S. 465, 11 L. Ed. 1058, 4 How. 465, 1846 U.S. LEXIS 409

Opinion

Mr. Justice McLEAN

delivered the opinion of the court.

A motion is madp to 'dismiss this writ pf error, because the judgment of the court below was not final, and there has been no ■ service of the citation.

The motion is granted. The judgment below reversed the judgment of an inferior court, and remanded the cause to. that court, with instructions to award a venire '■facias de novo ; it was, therefore, not a final judgment, on which only a writ of error can issue.

Order.

'This cause came on to be heard on the transcript of the record from the Court of Appeals for the Territory of Florida, and it appearing on~ the motion of Mr. Thompson, of counsel for the defendant in error, that there has been no. service of the citation in this cause, it is therefore now here ordered and adjudged by this court, that this .cause be, and the same is, hereby dismissed, with costs.

January 12th.