Mussina v. Cavazos
Supreme Court of the United States
Motion to dismiss a writ of error to the District Court for tbe Eastern District of Texas; the case being thus: The twenty-second'section of the Judiciary Act provides that— “Judgments and decrees of the District Courts maybe reexamined, and affirmed or reversed in a Circuit Court, upon a writ of error, whereto shall be annexed and returned therewith, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and a prayer for…
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Motion to dismiss a writ of error to the District Court for tbe Eastern District of Texas; the case being thus: The twenty-second'section of the Judiciary Act provides that— “Judgments and decrees of the District Courts maybe reexamined, and affirmed or reversed in a Circuit Court, upon a writ of error, whereto shall be annexed and returned therewith, at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and a prayer for reversal; with a citation, &c. And upon like process may judgment in the Circuit Courts be re-examined in the Supreme…
1Opinion of the CourtJustice Miller
We are of opinion that the original writ should always be returned to this court with the transcript of the record. The writ of error is the writ of this court, and not of the Circuit Court, whose clerk may actually issue it. The early practice was, that it could ouly issue from the office of the clerk of the Supreme Court, and in the case of West v. Barnes, ‡ at the August term, 1791, it was so decided. This decision led to the enactment of the ninth section of the act of 1792, § by which it was provided that the clerk of the Supreme Court, assisted by any two justices of said court, should…
2Cases cited2 opinions
- Thomas Deye Owings and Others v. Andrew KincannonSupreme Court of the United States · 1833
- Williams v. Bank of United StatesSupreme Court of the United States · 1826
3Cited by59 opinions
- Winters v. United StatesSupreme Court of the United States · 1908
- Credit Co. v. Arkansas Central Railway Co.Supreme Court of the United States · 1888
- Mutual Life Insurance v. PhinneySupreme Court of the United States · 1900
- Hardee v. WilsonSupreme Court of the United States · 1892
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
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