Richards, Truesdell & Co. v. Wheeler
Supreme Court of Vermont
AT the term of the county court, holden in this county in June, 1825, the auditors appointed in this action, returned into court a report in favour of the plaintiffs. The defendant filed his exceptions to the report, and the county court, on a hearing of the exceptions, set aside the report, and re-committed the accounts to auditors.
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AT the term of the county court, holden in this county in June, 1825, the auditors appointed in this action, returned into court a report in favour of the plaintiffs. The defendant filed his exceptions to the report, and the county court, on a hearing of the exceptions, set aside the report, and re-committed the accounts to auditors. Phelps and Starr, for the plaintiffs, moved for a mandamus to the county court, commanding them to accept the report so returned, and render judgment for the plaintiffs thereon, the action being still pending before them. In , support of the motion, the counsel…
1Opinion of the Court
The opinion of the Court was delivered by
Prentiss, J.
The ground on which we quashed the writ of error brought by the plaintiffs in this case, was, that no final judgment appeared to have been rendered, but the cause was . still pending in the county court. It is certainly well settled, that error can be brought only on a final judgment. An interlocutory judgment given in the course of a cause, or awarding or refusing a new trial, is no ground for a writ of error. (Samuel vs. Judin, 6 East, 333.—2 Tidd’s Prac. 1056.—5 Cranch, 11, 87.-6 Cranch, 206.) Indeed, it is held, that an arrest of…
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