Majority
p. 371Hamilton versus Moore.
Syllabus
ERR Dr from the Circuit Court, for the Diilrict of Georgia. Judgment had been rendered in- the Court below, for the Defendant in Error, on the. 15th. of November . 1796. On the 2nd. of January 1797, the Writ of error was fuied out,
p. 372
.and lodged In the oifece of the Cleric of the Circuit Court; and it was fervedywith the proper notices, on the Defendant iner-
p. 373
ror, upon the 14th of January 1797 ; but the affidavit of fer-vice was not made till the May following5 nor was- the writ' even tranfrnitted,’or returned, till the-.prefent Term.
p. 374
Ingerfoll and Dallas, for the Defendant in .error
objectep, that a wj;it of rrror muíl be profed of the Term preceding that
p. 375
to which it is made returnable; that a Term cannot intervene between the lifte,and the return,
p. 376
E. Tilghman endeavoured to fupport the writ, cónfidering the objection as founded on a mere error in form, cited 2 Bl.
E. Tilghman endeavoured to fupport the writ, cónfidering the objection as founded on a mere error in form, cited 2 Bl.
p. 377
Rep. 918. 2 L. Raym. T26g. 'Judicial AB f. 32. 1 Vol. p. 72,
Bur, Tke-Court obferved, that there was no error in point of fa¿t; nor. any clerical error to amend. The writ bears the date when it was adtually fued out and lodged in the office: there is, therefore, nothing on the record, by which it can be amended; and the objection is fatal;
• The Writ of Error'was, therefore, non-prcjfcd.