Kellogg v. Forsyth
Supreme Court of the United States
This was a branch of the three preceding cases, coming np from the same court. . moved to ■ dismiss the writ for the following reasons, viz: That it is manifest by the record filed iu this court in. tlie . said cause that the said writ of error was issued on the 15th day of July, 1859. That the clerk’s return thereto was filed with the clerk of this court on. the 3d day of October, 1859. That said return contains nothing but affidavits of the death, &e., of the original…
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This was a branch of the three preceding cases, coming np from the same court. . moved to ■ dismiss the writ for the following reasons, viz: That it is manifest by the record filed iu this court in. tlie . said cause that the said writ of error was issued on the 15th day of July, 1859. That the clerk’s return thereto was filed with the clerk of this court on. the 3d day of October, 1859. That said return contains nothing but affidavits of the death, &e., of the original defendant, the- writ of error, a bond to prosecute the same, a citation and .acknowledgment of the service thereof. ■ ■…
1Opinion of the CourtJustice Campbell
The defendant in error recovered a judgment in ejectment in the Circuit Court of the United States for the northern district, of Illinois against-William Kellogg, deceased, as tenant in possession of a parcel of land in that district. After the judgment, the defendant died. The attorney of the decedent, who was also his landlói’d, and who had conducted the suit on behalf and in the name of- the tenant, with his consent, sued out a writ of error to this court in the name of the heirs of said Kellogg. .The bond.for the prosecution of^the writ, and the stipulation for costs in this court, have…
2Cited by2 opinions
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Walser v. GrahamMissouri Court of Appeals · 1891