Holland v. Webster

Disesnting.

I do not agree to the view entertained by the majority of the court that on motions to quash -proceedings in error regularly brought to this court, as provided by statute, on the ground that they are taken merely for delay we should examine the merits of cases as disclosed - by the record before they are regularly reached for final hearing. The act of 1832, approved the 10th of February of that year, provided for the taking of appeals and suing out writs of error to the appellate court and for filing the transcripts of records and assignments of errors therein. It also prescribed…