# Brown v. Wesson

> New York Supreme Court · April 15, 1845 · 1 How. Pr. 141

URL: https://www.frixlaw.com/law-library/cases/5466824

## Case

- **Full name:** Nelson Brown and Hial Fitch, Plffs in error v. David Wesson and Andrew Wesson, Defts in error
- **Court:** New York Supreme Court
- **Decided:** April 15, 1845
- **Citations:** 1 How. Pr. 141
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Bronson
- **Judges:** Bronson
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5466824

## Opinion text

Bronson, Chief Justice.
There can be little doubt that the writ was allowed at the March special term, on the supposition that the action before the justice was assumpsit on a promissory note, and the judgment in trover for boots and shoes. If such had been the fact, there would have been error in those parts of the proceedings, which are in the nature of a record, and a common law certiorari might have been an available remedy. "But it now clearly appears that the action was trover from beginning to end; and the only question which can be made, is, whether there was sufficient evidence to support the judgment. Such a question can not be reached by a common law certiorari, and it would be worse than useless to go on with the litigation. Motion granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5466824. Public record. Not legal advice.