Dyer v. Montieth
Circuit Court of the 48th Circuit of Michigan
Motion to quash a wrii of certiorari. The writ in this case was issued on the 28th day of February, 1870, returnable on the 5th day of March following. After the writ was issued, the attorney for the plaintiff in error, J. V. Rogers, so changed the writ as to make it returnable March 1st. In support of the motion, the affidavit of the justice was submitted, setting forth that the change referred to was made after the service oí the writ upon him.
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Motion to quash a wrii of certiorari. The writ in this case was issued on the 28th day of February, 1870, returnable on the 5th day of March following. After the writ was issued, the attorney for the plaintiff in error, J. V. Rogers, so changed the writ as to make it returnable March 1st. In support of the motion, the affidavit of the justice was submitted, setting forth that the change referred to was made after the service oí the writ upon him. The counter affidavit of Rogers sets forth that at the time of issuing the writ, the clerk said to him that, he was not certain that the return day…
1Opinion of the Court
By the Court,
Brown, J.
By Circuit Court Rule 13, “ all original writs (except capias) may be issued in vacation or term time, and made returnable on the first Tuesday of any month, and, also, on any day in term.” The filth of March was not a “ day in term.” The first of March was the first Tuesday in that month'. § 4421, C. L., provides that ‘no process, pleading or record, shall be amended or impaired by the clerk or other officer of any Court, or by any other person, without the order of such Court, or some other Couit of competent jurisdiction.”
The process of the Court becomes operative, as…
2Cases cited2 opinions
- Cramer v. Van AlstyneNew York Supreme Court · 1812
- Wright v. BlackNew York Supreme Court · 1829