Rutherford et al., Plaintiffs in error, v. Fisher et al.

*Rutherford et al., Plaintiffs in error, v. Fisher et al. Error. A writ of error will only lie, in the case of a final judgment. Error from the Circuit Court of New Jersey, sitting in equity. 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 overruled, and the defendants ordered to answer the bill. On this decree, the present writ of error was sued out, and Stoclcton (of New Jersey) moved to quash the writ, because it was not a final decree, upon which alone a writ of error would lie. (1 U. S. Stat. 84, § 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. [MAJORITY — Chase, Justice.] 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 of 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.