Moulder v. Forrest

Supreme Court of the United States

Argued February 5, 1869.

Decided February 15, 1869.

Supreme Court of the United States · decided 1869-02-15

<p>ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA,</p> <p>The case is stated in the opinion.</p>

2 counsel of record

Relies on Insurance Co. of the Valley v. Mordecai · Porter v. Foley

Decided 1869-02-15

¶1ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA,

¶2A writ of error is fatally defective if it lacks the test required by law, and the defective writ cannot be amended here.

¶3The case is stated in the opinion.

¶4Mr. Nathaniel Wilson for plaintiff in error.

¶5Mr. W. S. Cox for defendant in error.

¶6Mr. Chief Justice Chase

¶7delivered the opinion of the court.

¶8The motion to dismiss the writ of error for want of the test required by the process act of 1789, 1 U. S. Stat. 93, must be allowed. The defect in the test was doubtless occasioned by an oversight of the clerk below; but a majority of the court is of the opinion that the writ cannot be amended here without departure from its established practice. Insurance Company v. Mordecai, 21 How. 195; Porter v. Foley, 21 How. 393. Dismissed.