Montalet v. Murray

Supreme Court of the United States

Decided February 1, 1806

Supreme Court of the United States · decided 1806-02

1 counsel of record

Key passage — most relied on by later courts

“stated the practice of the court to be, that where there is no appearance for the plaintiff in error, the defendant may have the plaintiff called, and dismiss the writ of error; or may open the record, and pray for an affirmance.”

quoted by 1 later decision, including Newman v. Moyers

Good law ✅— No negative treatment on recordhow we know

Decided 1806-02

How this case has been cited

Cited by 6 later decisions (4 by the Supreme Court) — most recently May 1920

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.

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¶1Practice in error.

¶2•If the plaintiff in error does not appear, the defendant may either have the plaintiff called, and dismiss the writ of error, with costs, or he may open the record, and go for an affirmance.

¶3P. B. Key, for the defendant, had the plaintiff called.

¶4Dismissed.

¶5The Chief Justice also stated, in answer to a question from the clerk, that, in such cases, costs go, of course.

¶6Marshall, Ch. J.,

¶7stated the practice of the court to be, that where there is no appearance for the plaintiff in error, the defendant may have the plaintiff called, and dismiss the writ of error ; or may open the record, and pray for an affirmance.