1 Minor 97
Decided December 15, 1822
Supreme Court of Alabama · decided 1822-12-15
AT the last term, the plaintiff in Error obtained an order for a certiorari to bring up the citation. The certiorari was non returned with a citation issued long since the last term, The defendant now moved to quash the writ of Error.
Decided 1822-12-15
¶1Opinion of the Court by
¶2The certiorari issued to bring up the Record supposed to be in the Court below, and not to make a new Record. The Clerk of the Circuit Court could not issue a citation if he failed to do so before the return of the writ ot Error,
¶3Let the writ of Error be quashed.