Brooks v. Hunt
Court for the Trial of Impeachments and Correction of Errors
IN ERROR to the Supreme Court. Hunt recovered a judg-inent against Brooks in the Supreme Court, in an action of'cov-enaut, for 4,773 dollars and 46 cents. The record was filed arid judgment docketed the 29th of August, 1804. A test.fi. fa. was issued to the sheriff of Montgomery county, who collected of thc goods and chattels of the defendant, 64 dollars and 76 cents.
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IN ERROR to the Supreme Court. Hunt recovered a judg-inent against Brooks in the Supreme Court, in an action of'cov-enaut, for 4,773 dollars and 46 cents. The record was filed arid judgment docketed the 29th of August, 1804. A test.fi. fa. was issued to the sheriff of Montgomery county, who collected of thc goods and chattels of the defendant, 64 dollars and 76 cents. In 1805, a ca. sa. was issued for the residue, on which the defendant was taken and imprisoned from that time until June, 1808, when he was discharged from imprisonment, by the Court of C. P. of M, under the “ act for the relief…
1Opinion of the Court
The Chancellor.
There are two points raised upon the preliminary motion to quash the writ of error : 1. Will a writ of error lie in this case? 2, Assuming it to lie, has not the plaintiff in error. Brooks, waived that remedy, by subsequently applying to the Supreme Court for leave to sue out an audita querida. ?
1. I am of opinion, upon the first point, that the writ of error ought to be quashed. The rule or order of the Supreme Court, denying Brooks’s motion, was not a judgment, within the meaning of the constitution, or of the statute organizing this court. It was only a decision upon a…
2Cited by10 opinions
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
- McCargo v. ChapmanSupreme Court of the United States · 1858
- Mallory v. Norton & ScottNew York Supreme Court · 1856
- Cooper v. HindleyWashington Supreme Court · 1912
- Lang v. PeopleMichigan Supreme Court · 1866
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