Hood v. . Orr

The clerk of the Superior Court died in the vacation, leaving no deputy, and there was no person to receive the appeal from the time it was made until the first day of the Superior Court. I do not think that the appeal ought to be sustained in this case. If the appellant was without remedy, that might make a difference, perhaps. But he is not; for it has been usual to grant a writ of certiorari in such a case, and, indeed, in all others where the appellant has been prevented from filing the record by accident and without his own laches. This is, therefore, rather a question of practice than…