Ficht v. McMullen
Ficht v. McMullen
Opinion of the Court
This is a motion to dismiss a writ of error dated August 3, 1935, returnable October 30, 1939. The *749 judgment awarding a peremptory writ of mandamus was rendered by the circuit judge August 1, 1939.
In this case the writ of error was issued by the Clerk of the Circuit Court and by him filed August 3, 1939. (Sec. 4618 [2908], 4624 [2914], C. G. L.) The return day was not an illegal or an impossible day in the past, but a future day within the limit fixed by law after the rendition of the judgment, which proves a clerical error only in dating the writ of error August 3, 1935, instead of August 3, 1939. The writ will be regarded as amended as to the date of its issue.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.