General
United States v. Andrew Hodge
44 U.S. 5343 How. 534·New York Supreme Court·1845·NY
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Opinion
United States v. Andrew Hodge.
If the citation be signed by the clerk, and not by a judge of the Circuit Court, or a justice of the Supréme'Court, the case will, on motion, be dismissed.
[MAJORITY — Mr'. Chief Justice TANEY]
Mr'. Chief Justice TANEY
delivered the-opinion of the court on a motion to dismiss this case..'
This case is brought here by a writ of error to the Circuit Court for the eastern district-of Louisiana; and a motion has been made to dismiss it, because the citation was signed by the clerk, and not by a judge of the Circuit Court, or a justice of the- Supreme Court, as directed by the act of Congress ofd789, ch. 20, sect. 22.
. The defendant is not bound to appear, here, unless the citation is signed in the manner prescribed by law; and as that has not been done in this case, the. writ must be dismissed.