Blitz v. Brown
Supreme Court of the United States
Blitz v. Brown, 74 U.S. 693 (1869)
19 L. Ed. 280; 7 Wall. 693; 1868 U.S. LEXIS 1053
Blitz v. Brown
Opinion
delivered the opinion of the. court.
The filing of such a paper, as has been filed in this case, is not tLe filing of the transcript at the next term after the *694 issuing of the writ of error, without which we can have no jurisdiction of the case. The motion to dismiss must be allowed.
• So much of the motion made in behalf of the plaintiff in error as asks' leave to withdiaw the record is .granted; but the residue of' the motion mustJbe denied. The case can be brought here only by a new writ of error.
Reference
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- A writ of error dismissed where the transcript contained only a blank form of a certificate• of ¡puthentication, without the seal of the court below or , the signature of its clerk. Leave was, however, granted to'the plaintlif in error to withdraw the record, but not for the purpose of having it perfected and returned here and placed on .the docket, as. if it had beep, regularly filed.