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Joseph Evans, Plaintiff in error, vs. Sterling H. Gee, Defendant in error U.S. 1 (1840)

handle is hein.slavery/ussccases0083 and id is 1 raw text is: THE DECISIONS OF THE SUPREME COURT OF THE UNITED STATES, AT JANUARY TERM, 1840. JOSEPH EVANS, PLAINTIFF IN ERROR, VS. STERLING H. GEE. DEFENDANT IN ERROR. It is the settled doctrine of the Supreme Court of the United Stales that a writ of error does not lie from the Circuit Court,on a refusal of a motion to quash an execution; such refusal not being a final judgment, under the twenty-second section of the Judiciary Act of 1789. The opinion of the Court on the case of Boyle vs. Zacharie and Turner, 6 Peters, 648, cited and affirmed. IN error to the Circuit Court of the United States for the Southern District of Alabama. In the Circuit Court of Alabama, an action was instituted by Sterling H. Gee, the defendant in error, against Thomas Evans, on a bill of exchange drawn by Harris G. Evans in favour of Thomas Evans, on George M. Rives of Mobile, for five thousand three hun- dred' and fifty dollars, dated 16th December, 1834, due twelve months after date, negotiable and payable at the office of discount and deposite of the Branch Bank of the United States at Mobile; for value received; and protested for non-acceptance The declaration does not charge that notice of the non-acceptance was given to the endorser. No proof was given at the trial of such notice. To this declaration the defendant (the endorser of the bill) demur- red, and the plaintiff was nonsuited: afterwards, at the same term, the nonsuit was struck out, and the cause continued. At the next term 1a jury was empannelled, who, found a verdict for plaintiff, on which judgment was entered. Thomas Evans, the defendant in this judgment, d'ed 12th Sep- tember, 18'37; and, on the 16th March,. 1838, a fieri facias issued on the judgment. VOL. XIV.-A 1

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