In re Negus
Court for the Trial of Impeachments and Correction of Errors
Negus having applied to the supreme court to set aside the decision of the trustees appointed in the matter of the proceeding against him, in respect to the amount awarded by the trustees to the attaching creditor, and the court after hearing the parties, having denied his application, see 7 Wendell, 499, fyc., sued out a writ of error to remove the proceedings into the court for the correction of errors.
Read the full summary
Negus having applied to the supreme court to set aside the decision of the trustees appointed in the matter of the proceeding against him, in respect to the amount awarded by the trustees to the attaching creditor, and the court after hearing the parties, having denied his application, see 7 Wendell, 499, fyc., sued out a writ of error to remove the proceedings into the court for the correction of errors. The writ was returned and filed on the 14th April, 1832; accompanying the writ was a schedule containing the affidavits and documents presented to the supreme court at the time of the…
1Opinion of the Court
The following opinions were delivered :
By the Chancellor.
The general rule is that a writ af-
errar will lie only on a final judgment or an award in the nature of a judgment given in a court of record, acting according to the course of the common law. There are a great variety of cases where error will not lie on adjudications affecting the rights of parties. In England it is still an open question whether a writ of error will lie on the refusal to grant a habeas *39torpus, although upon the decision made when the prisoner is brought up, it does lie. In the case of Yates v. The People, this court…
2Cited by9 opinions
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Coffey v. GambleSupreme Court of Iowa · 1902
- Etheridge v. HallSupreme Court of Alabama · 1838
- Williams v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1839
- Sweet v. BradleyNew York Supreme Court · 1857
4 more not listed; retrieve them via the Exa API.