UNITED STATES SUPREME COURT DECISIONS ON-LINE

If a writ of error be served before the return day, it may be returned afterwards, even at a subsequent term, and the appearance of the defendant in error waives all objection to the irregularity of the return.

The writ of error was dated 23 December, 1805, and returnable to February term, 1806; the citation also bore the same date, and commanded the defendant in error to appear at the same term. The writ of error was filed in the clerk's office of the court below on the same 23 December. The judgment below was not signed until 4 January, 1806. The writ of error was not returned and filed in the clerk's office of the Supreme Court until t18 March, 1806, after the Court had closed its session.