Jenkins v. Kuhne

Upon the hearing of this application, the respondent seemed to be more concerned to discover alleged technical defects in the writ and the proceedings to punish him for disobedience of it than to meet the questions involved upon the merits. The technical questions will be first considered.

The respondent claims the writ to be void for two reasons:

First, That it was not issued under seal, and

Second, That material alterations had been made in it after the writ had been signed by the justice issuing the same.

While the statute provides that such a writ must be issued under the seal of the Supreme…