Porter v. Foley - 62 U.S. 393 (1858)
U.S. Supreme Court
Porter v. Foley, 62 U.S. 21 How. 393 393 (1858)
Porter v. Foley
62 U.S. (21 How.) 393
This Court has already decided at the present term (see page <|62 U.S. 195|>195 of this volume) that a writ of error made returnable on the third Monday in January, and the defendant in error cited to appear on that day, is irregular and must be dismissed.
A motion to remand the case to the court below, with leave to amend the writ of error and citation, cannot be granted. But if the plaintiff in error desires it, he may, in order to save expense, withdraw the transcript, and use it in connection with the proper and legal process to bring the case here.
A motion was made to dismiss the writ, upon the ground stated in the opinion of the Court.