Montalet v. Murray — 7 U.S. 249

Majority

p. 149

Montalet v. Murray.

Syllabus

Practice in error.

•If the plaintiff in error does not appear, the defendant may either have the plaintiff called, and dismiss the writ of error, with costs, or he may open the record, and go for an affirmance.

P. B. Key, for the defendant, had the plaintiff called.

Dismissed.

The Chief Justice also stated, in answer to a question from the clerk, that, in such cases, costs go, of course.

stated the practice of the court to be, that where there is no appearance for the plaintiff in error, the defendant may have the plaintiff called, and dismiss the writ of error ; or may open the record, and pray for an affirmance.