3 U.S. 371 - Hamilton v. Moore — 3 U.S. 371

How this case has been cited

Cited by 7 later decisions (4 by the Supreme Court) — most recently December 2023

1 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ERR 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,

¶2 *372.and lodged In the oifece of the Cleric of the Circuit Court; and it was fervedywith the proper notices, on the Defendant iner-*373ror, 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.

¶3 *374Ingerfoll and Dallas, for the Defendant in .error

¶4objectep, that a wj;it of rrror muíl be profed of the Term preceding that

¶5 *375to which it is made returnable; that a Term cannot intervene between the lifte,and the return,

¶6 *376E. Tilghman endeavoured to fupport the writ, cónfidering the objection as founded on a mere error in form, cited 2 Bl. *377Rep. 918. 2 L. Raym. T26g. 'Judicial AB f. 32. 1 Vol. p. 72,

¶7Bur, 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;

¶8• The Writ of Error'was, therefore, non-prcjfcd.