Porter v. Smith

Opinion by

We think no writ of error issuing out of this court is necessary.

This motion must therefore be denied.

Opinion by

Taking the words “ writ of error” in the Organic Act to mean suit in error, for which there is both reason and authority, as well as for other considerations suggested by my brothers. I am led to the conclusion that in the spirit of the code, a formal writ of error would he supererogation, and therefore unnecessary.