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1 Serg. & Rawle 430

Eichelberger v. Nicholson

Supreme Court of Pennsylvania

Decided May 16, 1815

Supreme Court of Pennsylvania · decided 1815-05-16

In Error. ERROR to the Common Pleas of York county. moved to quash the writ of error, because no judgment was rendered by the court below. alleged as the ground of the writ, that the court below ordered a juror to be discharged, because the plaintiff had not evidence to prove a writing; the subscribing witnesses not being produced.

Decided 1815-05-16

.The Court

¶1having intimated the strong inclination of their mind, that the writ of error did not lie, because final judgment had not been given, Mr. Duncan requested time to search for precedents. In the afternoon, Mr. Duncan admitted the law to be, that a writ of error did not lie until final judgment, or an order in the nature of final judgment. Whereupon the court ordered the writ of error to be quashed.

¶2Writ of error quashed.

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