17 US 73 Evans v. Phillips

17 U.S. 73

4 L.Ed. 516

4 Wheat. 73

EVANS
v.
PHILLIPS.

February Term, 1819

1

ERROR to the Circuit Court of New York.

2

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, upon which no writ of error will lie.

3

THE COURT directed the writ of error to be dismissed.

4

JUDGMENT.

5

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.(a)

(a)

See Box v. Bennett, 1 II. Bl. 432; Kempland v. Macauley, 4 T. R. 436.