Hightower v. Kennedy

The plaintiffs in error filed their bill against the defendants, to which the latter demurred, and their demurrer being overruled, they have prosecuted a writ of error. We hava repeatedly held, that a writ of error will not lie upon an interlocutory decree, while the cause is still pending in the primary court, and unless the act of February, 1846, requires a departure from these decisions, we must repudiate the cause. The third section of that statute to which we have been referred, enacts, “ that when the judge or chancellor holding a court, shall be of opinion that it will *563facilitate the…