delivered the-opinion of the court on a motion to dismiss this case..'

This case is brought here by a writ of error to the Circuit Court for the eastern district-of Louisiana; and a motion has been made to dismiss it, because the citation was signed by the clerk, and not by a judge of the Circuit Court, or a justice of the- Supreme Court, as directed by the act of Congress ofd789, ch. 20, sect. 22.

. The defendant is not bound to appear, here, unless the citation is signed in the manner prescribed by law; and as that has not been done in this case, the. writ must be dismissed.