Sturgess v. Harrold
59 U.S. 40 (1855)

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U.S. Supreme Court

Sturgess v. Harrold, 59 U.S. 18 How. 40 40 (1855)

Sturgess v. Harrold

59 U.S. (18 How.) 40

Syllabus

A certificate from the clerk of the circuit court that he cannot make out the record in time to comply with the 63d Rule of this Court does not furnish a sufficient reason for an extension of the time prescribed by that rule.

Mr. Lawrence, of counsel for the plaintiffs in error in these cases, filed certificates of the Clerk of the Circuit Court of the United States for the Eastern District of Louisiana stating that judgments were entered against the plaintiffs in error in that court on the 16th day of November, 1855, and that writs of

Page 59 U. S. 41

error were duly applied for and allowed on the 21st of November, 1855, returnable to the December term, 1855, of the Supreme Court of the United States. The certificates further stated that the clerk could not, consistently with the other duties of his office, make out and have ready the transcripts of the records and proceedings at the opening of the term of the Supreme Court, nor within less than ninety days thereafter.

Whereupon, Mr. Lawrence applied for an extension of time under the 63d rule of this Court.

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