UNITED STATES SUPREME COURT DECISIONS ON-LINE

A. sued out a writ of error returnable to the October Term, 1877. The return was duly made, the transcript of the record lodged in the clerk's office in September of that year, and a citation issued and served in time, but by an oversight of A.'s counsel, no fee bond was given. The cause was not docketed. In September, 1878, the bond was filed and the cause then docketed, no motion to docket and dismiss having in the meantime been made. Held that a motion made at the present term to dismiss the writ must be denied.

The facts are stated in the opinion of the Court.