United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Ralston, 119 U.S. 613 (1887)

Ex Parte Ralston

Argued and submitted December 23, 1886

Decided January 10, 1887

119 U.S. 613

Syllabus

The clerk below is not required to furnish a transcript of the record in a cause in error until a writ of error has issued to which it can be annexed.

In error to a state court, it has been the prevailing custom from the beginning for the clerk of this Court or the clerk of the circuit court for the proper circuit to issue the writ, and for such writ to be lodged with the clerk of the state court before he could be called on to make the necessary transcript to be lodged in this Court.

This Court is without jurisdiction to vacate a supersedeas granted where no writ of error was sued out, as it has no legal effect.

These were applications to the Court as a court of original jurisdiction (1) for a writ of mandamus to compel the clerk below to send up a transcript of a record, and (2) to vacate a supersedeas. The case is stated in the opinion of the Court.