¶1This cause having been heard and considered by the court on a motion to dismiss the certiorari, and it appearing by the record that the matter of fact, to wit, the forcible entry and detainer had been regularly tried, upon a traverse tendered by the petitioner, before the service of the cer-tiorari, and restitution awarded but not executed; it is now considered by the court that the certiorari be dismissed with costs, and the justices proceed in the premises as if the certiorari had not issued; and that the clerk of this court do certify the same to said justices.
16 F. Cas. 341
McPherson v. Gallagan
U.S. District Court
Decided December 1, 1849
U.S. District Court · decided 1849-12-01
Motion to dismiss certiorari and to award restitution. The petition of Daniel McPherson respectfully showeth: That in the month of March, 1846, General John P. Van Ness, late of the city of Washington, died seized of a large real estate situate in the said city, of which the north part of that lot of ground being on [Seventh] street, known and described on the ground plot of said city as lot numbered 1, in square 428, with the house thereon and appurtenances, formed a part.
Decided 1849-12-01