Seagrist v. Crabtree - 127 U.S. 773 (1888)

U.S. Supreme Court

Seagrist v. Crabtree, 127 U.S. 773 (1888)

Seagrist v. Crabtree

No. 386

Submitted April 9, 1888

Decided April 18, 1888

127 U.S. 773

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF NEW MEXICO

Syllabus

It is not sufficient cause for dismissing a writ of error that the citation was served and made returnable less than thirty days after the writ was granted.

Motion to dismiss "because the citation was not served in time."

MR. JUSTICE MILLER: This is a motion to dismiss, the ground for which is that the citation was served and made returnable less than thirty days after the writ was granted. We do not think that is a sufficient ground to dismiss the writ of error, whatever may be the ground for relief.