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
Supreme Court of the United States
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
Chief Justice Oliver Ellsworth Associate Justices William Cushing · William Paterson Samuel Chase · Bushrod Washington
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]

References

1. Rutherford v. Fisher, 4 U.S. (4 Dall.) 22 (1800)

External links

• Text of Rutherford v. Fisher, 4 U.S. (4 Dall.) 22 (1800) is available from:  Justia  Library of Congress  Casetext