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United States v. Hodge

44 U.S. 534 3 How. 534 Court SCOTUS English

Delivered by TANEY C.J.

Contents

Majority — TANEY C.J.

p. 534
United States v. Andrew Hodge.

Syllabus

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.

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.