Legal Opinion
Anon
New York Supreme Court
Decided April 15, 1833PublishedCited by 2 opinions
A motion was made for a mandamus commanding a justice of the peace to proceed and tiy a cause in which he had granted judgment of nonsuit against the plaintiff, who had sued out a certiorari and reversed such judgment of the justice.
1Opinion of the Court
By the Court,
Sutherland, J.
The reversal of the justice’s judgment and the restitution of the costs which the common pleas were authorized to award, gave the plaintiff all he was entitled to ; if be wishes further to prosecute the defendant, he must begin de novo.
Motion denied.
2Cited by2 opinions
- Wheeler v. RuckmanThe Superior Court of New York City · 1868
- Platz v. Burton & Cory Cider & Vinegar Co.Albany City Court · 1894