Tracy v. Holcombe,
65 U.S. 426 (1860)

Annotate this Case
  • Syllabus  | 
  • Case

U.S. Supreme Court

Tracy v. Holcombe, 65 U.S. 24 How. 426 426 (1860)

Tracy v. Holcombe

65 U.S. (24 How.) 426


Where the judgment of the court below reverses the decision of the inferior court and awards a new trial, it is not a final judgment from which a writ of error will lie to this Court.

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 October, 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.

Page 65 U. S. 427

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.