delivered the opinion of the court.

This motion is granted on the authority of Carroll v. Dorsey, 20 How. 204, because of the omission to state with certainty the return day of the writ of error. The Refect is one that is amendable under section 1005 Rev. Stat., but as no application is made by the plaintiff in error for leave to amend, and no citation has ever been served, we are not inclined, on our motion, to make any order in that behalf. Dismissed.