Opinion · Supreme Court of the United States
Rutherford v. Fisher
Rutherford v. Fisher, 4 U.S. (4 Dall.) 22 (1800)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1800-02-18
- Topic
- bankruptcy
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.
Citator
UpLaw has not yet analyzed Rutherford v. Fisher. The absence of a flag is not a finding that it is good law.
- Cited by
- 7 opinions
RUTHERFORD v. FISHER,4 U.S. 22(1800)
Rutherfordet al. Plaintiffs in Error,versusFisheret al.
ERROR from the Circuit Court ofNew-Jersey, sittinginEquity. It appeared, that the defendants in the Circuit Court had pleaded the statute of limitations to the bill of the complainants; and that the plea was over-ruled, and the defendants ordered to answer the bill. On this decree the present writ of error was sued out, andStockton(ofNew-Jersey) moved to quash the writ, because it was not afinal decree, upon which alone a writ of error would lie, 1vol. 61, 62.s. 22.E. Tilghman, for the plaintiff in error, acknowledged the force of the words "final judgment," in the act of congress; and submitted the case without argument.
CHASE,Justice.
InEnglanda 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.