Jackson v. Walker

The case of Houston v. Moore decides, that when a venire de novo is awarded on the reversal of a judgment, there is no such final judgment as will warrant a writ of error under the 25th section of the United States judiciary act of 1789. But I learn from the chancellor that this question was recently before the court of errors, where we had reversed the judgment of an inferior court and awarded a venire de novo ; and it was held that a writ of error would lie upon our judgment before the cause had been re-tried.(a) If a writ of error will lie, it is matter of right; and it is of no consequence that Jackson thinks he can make a better case than the one on which he rested before, and on which he obtained the reversal.

Motion granted.