Macauley v. Sternburgh — 3 Cow. 368

Majority

p. 368

Macauley against Sternburgh.

Headnote

Oh reversing a judgment u; -on error, the plaintiff is entitled to eos is

And he may pe-foet his jud.'ment and is uj -execution oí them imm-diately, wi*hou: wait-in tor the final event upon a venire de no- 'no awarded.

In the Herkimer Common Pleas, the judgment was for the defendant. And, on error to this .Court, it \vas reversed, and at the last October term a venire de novo was awarded to the Circuit; hut the plaintiff, without waiting for the event of the cause upon the trial, taxed his costs and perfected his judgment of reversal, which it was now moved to set asidlas premature and irregular.

0. G. Otis, for the motion,

A. Conkling, contra.

The plaintiff in error was not bound to wait the event of the suit upon the venire de novo. When a judgment is reversed on erorr, the plaintiff is entitled to recover his costs, and may perfect his judgment immediately and issue execution as in other cases.

Motion denied.