O'Dowd v. Russell

Mr. H. M. Hilliard, for the defendant in error, now moved to dismiss the case on these, among other grounds–– 1st. Because it had been prosecuted by O'Dowd alone, and without summons and severance of Walker and Jones. 2d. Because the judgment was not 'final' within the meaning of the Judiciary Act, which gives a writ of error only on judgments which are 'final.' 3d. Because the writ, the bond, the citation, and the copy of the writ of error for the defendants, were not seasonably served or filed.