Blackwell v. Patten
Supreme Court of the United States
JONES, for the Defendants in error, moved this Court to dismiss the writ of error, because it bore teste .of February term, 1Ú10, was issued in September, 1810, and was .returnable to February terpi, 1811, whereas.it ought to have been tested of Jlugust term, 1810. The Plain.tiff in error, aware of this objection, has sued out anbther writ of errory which stand# on a subsequent part of thd docket. ‘ Campbeir, tC-Fíiíj ASIA* The appearance of the Defendants in error only…
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JONES, for the Defendants in error, moved this Court to dismiss the writ of error, because it bore teste .of February term, 1Ú10, was issued in September, 1810, and was .returnable to February terpi, 1811, whereas.it ought to have been tested of Jlugust term, 1810. The Plain.tiff in error, aware of this objection, has sued out anbther writ of errory which stand# on a subsequent part of thd docket. ‘ Campbeir, tC-Fíiíj ASIA* The appearance of the Defendants in error only cures the want of a. citation, not a fault in the writ of error itself.
1Opinion of the Court
The Court refused to quash' or dismiss the writ of error on account of the irregularity of its teste.
2Cited by1 opinion
- Blackwell v. Patten and OthersSupreme Court of the United States · 1812