Smith v. Clark
53 U.S. 21

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U.S. Supreme Court

Smith v. Clark, 53 U.S. 12 How. 21 21 (1851)

Smith v. Clark

53 U.S. (12 How.) 21

Syllabus

Where a motion is made to docket and dismiss a case under the 43d Rule of this Court, the certificate of the clerk of the court below upon which the motion is founded must state the names of the parties to the suit. It is not enough to say "Joseph W. Clark and others." The names of the "others" ought to be set forth.

A motion was made by Mr. Woodbury to docket and dismiss this case under the 43d rule of this Court. The case purported to be an appeal from the Circuit Court of the United States for the District of Massachusetts. The certificate of the clerk of the circuit court is set forth in the order passed by this Court, and to be found at the end of this report. It is therefore, unnecessary to repeat it.

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