Gwin v. Breedlove, 40 U.S. 284 (1841)
U.S. Supreme CourtGwin v. Breedlove, 40 U.S. 284 (1841)
Gwin v. Breedlove
40 U.S. 284
ERROR TO THE CIRCUIT COURT FOR THE
SOUTHERN DISTRICT OF MISSISSIPPI
Walker, for the plaintiff in error, stated, that he had a transcript of the record in this case, duly authenticated, which he was ready to file, and to docket the case, under the rules of the Court, and he moved the Court to set aside and annul the judgment of the court docketing and dismissing the writ of error rendered on a prior day of this term, and also to revoke the mandate of this Court, issued and addressed to the judges of the Circuit Court of the Southern District of Mississippi, in this cause.
TANEY, CH.J., delivered the opinion of the Court.
This case was docketed and dismissed on 9 February of the present term upon the motion of the defendant in error under the 43d rule of the Court, and upon the 11th of the same month, upon a like motion, a mandate was ordered to issue to the circuit court to proceed in the case, which was accordingly issued on the next day. On 6 March, the plaintiff in error appeared in Court by his counsel and produced and filed with the clerk the record of the case and moved the Court to strike out the judgment of dismissal and to continue the case.