Davenport v. Fletcher

Supreme Court of the United States May 18, 1854

Davenport v. Fletcher, 57 U.S. 142 (1854)

14 L. Ed. 879; 16 How. 142; 1850 U.S. LEXIS 1545

McLean, Gurley, Clerk

Opinion

Mr. Justice McLEAN

delivered the opinion of the court.

A motion has been made for a dismissal of this cause.

1. Because the judgment is not properly described in the •writ of error.

2. Because the bond is given to a person who is not a party to the judgment.,

3. Because the citation issued, is issued to a person- who is not a party.

The.objections are all founded in fact, and upon the authority of Samuel Smyth v. Strader, Perine & Co., 12 How. 327. The case-is dismissed, with leave, however, to- the counsel for the' plaintiffs, to move for its reinstatement, during the present term.

Reference

Full Case Name: Charles Davenport Et Al., Heirs of John Davenport, Deceased, v. F. Fletcher Et Al.
Cited By: 6 cases
Status: Published