John Catron,
Evans v. Gee (39 U.S. 1) — Opinion of the Court
“ It is the settled doctrine here, that a writ of error does not lie upon the refusal of a motion to quash an execution: such record of refusal not being a final judgment in the sense of the twenty-second section of the Judiciary Act. We will content ourselves by referring to the opinion of the Court in the cause of Boyle vs. Zacharie and Turner, 6 Peters, 654. It is therefore ordered, that the writ of error be dismissed, and the supersedeas discharged. ”
