Hamilton v. Moore
Supreme Court of the United States
ERR Dr from the Circuit Court, for the Diilrict of Georgia. Judgment had been rendered in- the Court below, for the Defendant in Error, on the. 15th. of November . 1796. On the 2nd. of January 1797, the Writ of error was fuied out, .and lodged In the oifece of the Cleric of the Circuit Court; and it was fervedywith the proper notices, on the Defendant iner-ror, upon the 14th of January 1797 ; but the affidavit of fer-vice was not made till the May following5 nor was- the…
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ERR Dr from the Circuit Court, for the Diilrict of Georgia. Judgment had been rendered in- the Court below, for the Defendant in Error, on the. 15th. of November . 1796. On the 2nd. of January 1797, the Writ of error was fuied out, .and lodged In the oifece of the Cleric of the Circuit Court; and it was fervedywith the proper notices, on the Defendant iner-ror, upon the 14th of January 1797 ; but the affidavit of fer-vice was not made till the May following5 nor was- the writ' even tranfrnitted,’or returned, till the-.prefent Term. objectep, that a wj;it of rrror muíl be profed of the Term…
1Opinion of the Court
Bur, Tke-Court obferved, that there was no error in point of fa¿t; nor. any clerical error to amend. The writ bears the date when it was adtually fued out and lodged in the office: there is, therefore, nothing on the record, by which it can be amended; and the objection is fatal;
• The Writ of Error'was, therefore, non-prcjfcd.
2Cited by5 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- State of New Jersey v. the State of New YorkSupreme Court of the United States · 1831
- Grigsby v. PurcellSupreme Court of the United States · 1879
- Smith v. MeadSupreme Court of Connecticut · 1820
- The Insurance Company of the Valley of Virginia, in Error v. Moses C. MordecaiSupreme Court of the United States · 1859