Rutherford v. Fisher

4 U.S. 22, 1 L. Ed. 724, 4 Dall. 22, 1800 U.S. LEXIS 302

Opinion

4 U.S. 22 (____) 4 Dall. 22

Rutherford et al. Plaintiffs in Error,
versus
Fisher et al.

Supreme Court of United States.

CHASE, Justice.

In England a writ of error may be brought upon an interlocutory decree or order; and until a decision is obtained upon the writ, the proceedings in the Court below are stayed. But here the words of the act, which allow a writ of error, allow it only in the case of a final judgment.

By the COURT:

The writ must be quashed with costs.