Clark v. Hancock

The final judgment in this case was rendered Oct. 3, 1876, and the writ of error issued Nov. 16, returnable to the October ^erm, 1877. The defendants in error, having filed a copy of the record and docketed the cause, now move to dismiss, for want of jurisdiction.

It is not claimed by the plaintiff in error that there is any Federal question disclosed by the record, but it is' insisted that a motion to dismiss cannot be entertained until the return-day of the writ. Such was the old practice; but in Ex parte Russell, 13 Wall. 671, and Thomas v. Wooldridge, 23 id. 288, the rule was changed. It…