Hodges v. Vaughan - 86 U.S. 12 (1873)


U.S. Supreme Court

Hodges v. Vaughan, 86 U.S. 19 Wall. 12 12 (1873)

Hodges v. Vaughan

86 U.S. (19 Wall.) 12

Syllabus

When the only defect in a transcript sent to this Court is that the clerk has not appended to it his certificate that it contains the full record (there being no allegation of contumacy), a certiorari is not the proper remedy for relief to the plaintiff in error. He should ask leave to withdraw the transcript to enable him to apply to the clerk of the court below to append thereto the necessary certificate.

This was a motion made on behalf of the plaintiff in error for a certiorari upon suggestion of a diminution of a record coming on error from the Circuit Court for the

Page 86 U. S. 13

Eastern District of Arkansas. The diminution alleged was that the clerk of the court below had not appended to the transcript his certificate that the transcript contained the whole record.



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