Tracy v. Holcombe

Where the judgment of the court below reverses the decision of the inferior court and awards a new trial, it is riot a final judgment from which a writ of error will lie to this court.

This case was brought up by writ of error from the Supreme Court of the State of Minnesota. - The record showed that a suit was brought by Tracy as surviving partner against Holcombe, and on. the 30th of December, 1857, the judgment of the court was entered that he should recover $2,340.71, with costs. . On the .13th of July, 1859, the Supreme Court.ordered that ‘ “the judgment'of the court below be, in all things, reversed, and a new trial granted.” On the 8th of Octobér, 1859, a writ of error was issued pursuant to section'third of the act of Congress entitled, “ An act for the admission of Minnesota into the Union;” passed May, 11, 1858, and section eighteen of the act of Congress entitled, “ An act making appropriations for sundry civil expenses of the Government for. the year ending 30th June, 1859,” passed June 12, 1858.