Ex Parte Dugan

Supreme Court of the United States February 27, 1865

Ex Parte Dugan, 69 U.S. 134 (1865)

17 L. Ed. 871; 2 Wall. 134; 1864 U.S. LEXIS 416

Opinion

BY THE COURT.

"We think it the better, as well as the more regular practice, to await the return of the court below before taking any action on the- merits. The certiorari will,' therefore,, be now awarded. Upon the coming in of the return the case will be regularly before us; and the motion for continuance made by the Attorney-General will then be disposed of.

Action accordingly.

Reference

Cited By: 2 cases
Status: Published
Syllabus: On a mere petition for a certiorari, the court, according' to its better and more regular practice, will decline to hear -the case on its merits, even -though the counsel for the petitioner produce a copy of the record admitted on the other side-to he a true one. It will wait for a return, in form, from the court below.