Wilson v. Daniel
Supreme Court of the United States
ERROR- from the Circuit Court of Virginia. , Oh the return of. the record, it appeared, that the Diftri.éb judge had endorfed the following fiat on the petition and aftlgnment of errors, prefented by the Plaintiff in error: u Let a writ of “ error and fuperfedeás iflue agreeably to the prayer of the petition, • on the petitioner’s entering into bond with fecurity “ in the penalty of 3,600 dollars, Conditioned as iifual in fuch ⅛ cafe: Cyjitjs Griffin;” A writ of error…
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ERROR- from the Circuit Court of Virginia. , Oh the return of. the record, it appeared, that the Diftri.éb judge had endorfed the following fiat on the petition and aftlgnment of errors, prefented by the Plaintiff in error: u Let a writ of “ error and fuperfedeás iflue agreeably to the prayer of the petition, • on the petitioner’s entering into bond with fecurity “ in the penalty of 3,600 dollars, Conditioned as iifual in fuch ⅛ cafe: Cyjitjs Griffin;” A writ of error accordingly iffued; but, it would feem, that only a copy of the'writ Was ttanfmitted with the record, (to which the feal of…
1Opinion of the Court
But the court
were clearly of opinion,- that the- verification of the record v as defective; and that they could not, confidently with the judicial adt, difpenfe with a return of the o“ riginal citation, -fubferibed by the Judge himfelf.. The caufe • Was, then, continued, upon an agreement be-* tween theeounfel, that the Defendant in error might either ara gue it upon the record, in its prefent ftate;.or alledge in diminution of the record, and iliue a certiorari. The latter ■mode was adopted; and the diminution" alledged was, that •“ there is not certified the judgment of the faid Circuit…
2Cited by44 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Barry v. EdmundsSupreme Court of the United States · 1886
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
- Maryland Casualty Co. v. PriceCourt of Appeals for the Fourth Circuit · 1916
- Ex parte SweeneyIndiana Supreme Court · 1891
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