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Course et al. versus Stead et Ux. et al. U.S. 22 (1800)

handle is hein.slavery/ussccases0052 and id is 1 raw text is: 22 CASES RULED AND ADJUDGED IN THE 1800. L Rutherford et al. Plaintiffs in Error, versus Fisher et a. 11h 32. RROR from the Circuit Court of Xew.Yersey, sitting in 147 341 l Equity. It appeared, that the defendants in the Circuit Court had pleaded the statute of limitations to the bill of the complain- ants; and that the plea was over-ruled, and the defendants or- dered to answer the bill. On this decree the present writ of er- ror was sued out, and Stochton (of ew-,ersey) moved to quash the writ, because it was not afinal decree, upon which alone a writ of error would lie, 1 vol. 61, 62. s. 22. E. Tilghran, for the plaintiff in error, acknowledged the force of the words final judgment, in the act of congress; and submitted the case with- out argument. CHAsE, Yustice. In England a writ of error may be brought upon an interlocutory decree or order; and until a decision is ob- tained upon the writ, the proceedings in thie Court below are stayed. But here the words of the act, which allow a wrt. of error, allow it only in the case of a final judgment. By the COURT: The writ must be quashed with costs. Blaine versus Ship Charles Carter et al. T HIS was an appeal from the Circuit Court of Virginia; and the preliminary question discussed was, whether such a process could be sustained? After argument, The COURT decided, that the removal of 5uits, from the Circuit Court into the Supreme Court, must be by writ of error in every. qse, whatever may be the original nature of the suits. Course et al. versus Stead 4t .x. et a. E RROR from the Circuit Court of the Georgia district, sit- ting in Equity. On the record it appeared, that upon the 5th of Afay 1795, an order had been made, in the case of Stead et al. executors of Stead, v. Telfair et at. the legal representatives of Rae and Somerville (1) that 36341. 14s. 7d. sterling, with in- terest at 5 per cent. from the 1st of 7anuary 1774, to the 5th of Mb'ay 1795, deducting interest from the 19th of April 1775, till the 3d ?f September 1783, be paid to the qomplainants in that suit, with. 5 per cent on the anmount of principal and in- (1) The order was made when BLAMIf, yrtice, presided. The deductian bf interest during the war, (this being a British debt) has not received the sanc- tion of all the federal judges. See 2 Dall. Rep. 104. in note. teresta

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