Blair v. Miller

Decided February 1, 1800

Supreme Court of the United States · decided 1800-02

Writ of error from the Circuit Court of Virginia. The judgment was rendered in the circuit court, on the 28th of May 1799, and a writ of error issued, returnable to August term 1799 ; but the record was not transmitted, nor the writ returned into the office of the clerk of the supreme court, until the 4th of February 1800. Swift objected to the acceptance and return of the record and writ: And—

Cited by 2 later decisions (1 by the Supreme Court) — most recently December 1858

Good law ✅— No negative treatment on recordhow we know

Decided 1800-02

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¶1Practice.

¶2A writ of error, not returned at the term to which it is returnable, is a nullity.

¶3Writ of error from the Circuit Court of Virginia. The judgment was rendered in the circuit court, on the 28th of May 1799, and a writ of error issued, returnable to August term 1799 ; but the record was not transmitted, nor the writ returned into the office of the clerk of the supreme court, until the 4th of February 1800. Swift objected to the acceptance and return of the record and writ: And—

¶4By the Court.

¶5— The writ has become a nullity, because it was not returned at the proper term. It cannot, of course, be a legal instrument, to bring the record of the circuit court before us for revision. (a)