This was originally a Petition for a Certiorari, decided at the last (June) Term of this Court, see 71 1ST. C. Rep. 212. The writ then prayed for by defendant, was ordered to issue to Judge Clarke, of the Court below, who went out of office before he obeyed the mandate of the Court. The remaining facts are stated fully in the opinion of the Court.
Cited by 1 later decisions — most recently December 1824
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
The defendant appealed and regularly made out a statement of the case for this Court, to which the plaintiff did not agree, and the Judge, being notified of the disagreement, appointed a day to settle the case,'and notified the parties; but before he settled the case his term of office expired, and so no case was sent up. The appellant moves in this Court for a new trial. And this seems to be the only remedy. This is supported by
Isler
v.
Haddock,
at this term,
ante
119, and by the cases there cited.
