Rutherford v. Fisher
Rutherford v. Fisher, 4 U.S. (4. Dall.) 22 (1800), was a U.S. Supreme Court decision holding that an order denying the statute of limitations defense is not appealable. There had been a writ of error in a case from the Circuit Court of New-Jersey, and a motion was made to quash the writ because it was not a final decree and the act of Congress referred to a "final judgment".
Rutherford v. Fisher | |
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Decided February 6, 1800 | |
Full case name | Rutherford et al. v. Fisher et al. |
Citations | 4 U.S. 22 (more) 4 Dall. 22; 1 L. Ed. 724 |
Court membership | |
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Case opinion | |
Majority | Chase |
Justice Chase wrote, "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 in 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." The court ruled, "The writ must be quashed with costs."[1]
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