MCVEIGH v. U S, 75 U.S. 640 (1869)

Justia Opinion Summary and Annotations
Read more

U.S. Supreme Court

MCVEIGH v. U S, 75 U.S. 640 (1869)

75 U.S. 640 (Wall.)

MCVEIGH
v.
UNITED STATES.

December Term, 1869

Mr. Assistant-Attorney Field, for the United States, moved to dismiss this case for imperfection in the writ, an exhibition of which showed that it was dated December 2d, 1868, and was returnable to 'the 3d Monday of December next.' But a production by Mr. Cushing, contra, of the citation, showed that it commanded the party to 'be and appear at a Supreme Court of the United States on the 3d Monday of December instant, pursuant to a writ of error filed in the clerk's office, &c.' And he argued that the citation was in fact the effective document, and the issuing of the writ but an antiquated and really useless ceremony, practised still but from deference to ancient form; that accordingly the writ might be amended by the citation. C. A. V.

MOTION DENIED.


U.S. Supreme Court

MCVEIGH v. U S, 75 U.S. 640 (1869)

 75 U.S. 640 (Wall.)

MCVEIGH
v.
UNITED STATES.

December Term, 1869

Mr. Assistant-Attorney Field, for the United States, moved to dismiss this case for imperfection in the writ, an exhibition of which showed that it was dated December 2d, 1868, and was returnable to 'the 3d Monday of December next.' But a production by Mr. Cushing, contra, of the citation, showed that it commanded the party to 'be and appear at a Supreme Court of the United States on the 3d Monday of December instant, pursuant to a writ of error filed in the clerk's office, &c.' And he argued that the citation was in fact the effective document, and the issuing of the writ but an antiquated and really useless ceremony, practised still but from deference to ancient form; that accordingly the writ might be amended by the citation. C. A. V.

MOTION DENIED.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.

Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.