Astor v. Chambers
1 Mo. 191 | Mo. | 1822
delivered the opinion of the Court.
The first question, and the only question necessary to be decided, is, is the decision or order in the case such as a writ of error will lie on ? The words of the order are: it is ordered that the said suit be stricken from the docket of this Court. This is not a decision of the Court in a cause, but a refusal to proceed; and if it can be redressed, it must be by a mandamus, and not by writ of error.
This writ must be dismissed-