West v. Barnes (2 U.S. 401)

by Alexander J. Dallas

Supreme Court of the United States

2 U.S. 401

West, Plf. in Err.  v.  Barnes, et al.

 Argued: August 2, 1791 --- Decided: August 3, 1791

On the first day of the term, Bradford presented to the court, a writ, purporting to be a writ of error, issued out of the office of the clerk of the circuit court for Rhode Island district, directed to that court, and commanding a return of the judgment and proceedings rendered by them in this cause: And thereupon he moved for a rule, that the defendant rejoin to the errors assigned in this cause.

Barnes, one of the defendants, (a counsellor of the court), objected to the validity of the writ, that it had issued out of the wrong office; and, after argument,

The Court were unanimously of opinion, That writs of error to remove causes to this court from inferior courts, can regularly issue only from the clerk's office of this court.

Motion refused.