Hodges v. Vaughan
Supreme Court of the United States
This was a motion made on behalf of the plaintiff in error for a certiorari upon suggestion of a diminution of a record coming on error from the Circuit Court for the Eastern District of Arkansas. The diminution alleged was that the clerk of the court below had not appended to the transcript his certificate that the transcript contained the whole record.
1Opinion of the CourtJustice Clifford
A motion for certiorari is founded upon a suggestion of diminution, and is designed to bring up some part of the record loft back and not included in the transcript. When first presented, and without explanation, the court was inclined to grant the motion, but upon further consideration, we are all of the opinion that it must be denied, as the writ of certiorari is not a proper remedy for the alleged defect. Nothing is omitted from the transcript which is a part of the record in the court below. On the contrary, the only complaint is that the clerk has not appended to the transcript his…
2Cited by2 opinions
- Nashua & Lowell R. v. Boston & Lowell R.Court of Appeals for the First Circuit · 1894
- Meyer v. Mansur & Tebbetts Implement Co.Court of Appeals for the Fifth Circuit · 1898