Horne v. Barney

New York Supreme Court

Horne v. Barney

19 Johns. 247

CourtNew York Supreme Court

DecidedOctober 15, 1821

StatusPublished

Cited by4 cases

This text of 19 Johns. 247 (Horne v. Barney) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Horne v. Barney, 19 Johns. 247 (N.Y. Super. Ct. 1821).

Pincite

Opinion

Spencer, Ch. J.

Error 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.

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

Lynch, 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.

There 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.

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Spencer, Ch. J.

Error 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.

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

Lynch, 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.

There 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.

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Bluebook (online)

19 Johns. 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horne-v-barney-nysupct-1821.

Opinion

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