Bacon Et Al. v. Hart

Mr. Stanton, of Washington city, for the defendant in error, moved that the writ of error in this case be dismissed for want of a citation. We have looked into this record, and find that the writ of error must be dismissed. The action was in the nature of an ejectment, and brought to recover possession of land. The plaintiff below was William Hart, junior, a citizen of New York, residing at Manilla. His counsel in the cause was William Hart, senior. In March, 1858, judgment was rendered by the court for the plaintiff. In October of the same year a writ of error was sued out, returnable on the first Monday in December next thereafter, and service of the citation was on the 9th of October admitted by William Hart, senior. But this writ of error was not returned during the term to which it was made returnable, and failed, therefore, to bring up the case. A second writ of error was taken by the defendant below in August, 1859, returnable to the ensuing December term of this court. The citation under this latter writ was directed to William Hart, junior, and served according to the marshal's certificate, on Mary Hart, widow and executrix of William Hart, senior, who died after the judgment, and on J. D. Stevenson, his former law partner.