Wood v. Lide
Supreme Court of the United States
Error to the Circuit Court for the district of Georgia. The writ of ■error was dated the 23d of December 1805, and returnable to February term 1806 ; the citation also bore the same date, and commanded the defendant in error to appear at the same term. The writ of error was filed in the clerk’s office of the court below on the same 23d of December.
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Error to the Circuit Court for the district of Georgia. The writ of ■error was dated the 23d of December 1805, and returnable to February term 1806 ; the citation also bore the same date, and commanded the defendant in error to appear at the same term. The writ of error was filed in the clerk’s office of the court below on the same 23d of December. The judgment below was not signed, until the 4th day of January 1806. The writ of error was not returned and filed in the clerk’s office of the supreme court, until the 18th of March 1806, after the court had closed its session.
1Opinion of the Court
The Chief Justice
stated, that there had been some difference of opinion among the judges, which arose from their not understanding perfectly the facts of the case. If the writ of error had been served, when it was not in force (that is, after its return-day), such service would have been void. But if served, while in force, a return afterwards will be good. The service of a writ of error is the lodging a copy thereof for the adverse party, in the office of the clerk of the court where the judgment was rendered. (1 U. S. Stat. 86, § 23.) If it be so served, before the return-day, the service…
2Cited by9 opinions
- Grigsby v. PurcellSupreme Court of the United States · 1879
- Alanson Saltmarsh v. James W. TuthillSupreme Court of the United States · 1852
- The Insurance Company of the Valley of Virginia, in Error v. Moses C. MordecaiSupreme Court of the United States · 1859
- Mills v. ConnerIndiana Supreme Court · 1817
- State v. KennedySupreme Court of New Jersey · 1840
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