Evans v. Phillips/Opinion of the Court

ERROR to the Circuit Court of New York.

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.

THE COURT directed the writ of error to be dismissed.

JUDGMENT.

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)