Hawkins v. Livingston

The defendant claimed in the court below, an appeal from an order of the judge, which directed a special jury to be summoned, for the trial of the facts put at issue by the pleadings. This was refused, and application is now made, that a rule issue on him, to shew cause why he did not grant it.

The first question presented for decision is, whether this is a judgment or decree of that description from which an appeal lies to this court.

It has been more than once declared, that whenever an inferior court decides on the *444rights of parties, in such a way as to work an irreparable injury, such…