Contracts · MBE-tested
Evans against Phillips
17 U.S. 734 Wheat. 73·Supreme Court of the United States·1819
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Opinion
Evans against Phillips.
(practice.)
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.
[MAJORITY]
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.
Vide Box v. Bennett, 1 H. Bl. 432. Kempland v. Macauley, 4 T. R. 436.