Study aid, not legal advice. caselaw is not a law firm and does not provide legal advice or engage in the unauthorized practice of law (UPL). All briefs, outlines, and citation tools on these pages are educational summaries for law students; they are not a substitute for advice from a licensed attorney admitted in your jurisdiction. Bar-admission rules vary by state. For court filings or client matters, verify every authority against the official reporter and your court's local rules. Use of caselaw does not create an attorney-client relationship.
West, Plf. in Err. versus Barnes, et al., 1791 — 2 U.S. 401 · caselaw · US
General
West, Plf. in Err. versus Barnes, et al.
2 U.S. 4012 Dall. 401·Supreme Court of the United States·1791
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Auguft Term, 1791.
West, Plf. in Err. versus Barnes, et al.
ON the firft day of the term, Bradford prefented to the court, a writ, purporting to.be a writ of error, iflued out pf the oflice of the clerk of the circuit court for Rhode JJland diftrift, • directed to th.at,court, 'and commanding a return of the judgment and proceedings rendered by them in this caufe ; And thereupon he moved for a rule, that the defendant rejoin to the errors affighed in this caufe.
Barnes, one of the defendants,
(a counféllor of .the court) objected to the validity of- the writ, that it had iflued out of the wrong office: and, after argument,-
[MAJORITY — The Court]
The Court
were unanimouily of opinion, That writs of error to remove caufes to this .court from inferior courts, can regularly iflue only from the clerk’s office of this court. '
Motion refufed.