Evans v. Phillips — 17 U.S. 73

Majority

p. 73

Evans against Phillips.

(practice.)

Syllabus

A writ of error will not lie on a judgment of nonsuit.

Error to the Circuit Court of New-York.

Mr. D. B. Ogden moved to dismiss the Writ of error in this case,

upon the ground that the plaintiff had submitted to a nonsuit in the Court below, upórí which no writ of error will lie.

The Court directed the writ of error to be ¿dismissed.

p. 74

Judgment. This cause came on to be heard on the transcript of the record; on consideration whereof, it is adjudged and ordered, that the writ of error be, and the same is, hereby dismissed, with costs, the plaintiff having submitted to a nonsuit in the Circuit Court.^[1]

a a Vide Box v. Bennett, 1 H. Bl. 432. Kempland v. Macauley, 4 T. R. 436.