Opinion
FEBRUARY TERM, 1806.
P.B. Key, for defendant, had the plaintiff called.
MARSHALL, Ch. J. stated the practice of the court to be, that where there is no appearance for the plaintiff in error, the defendant may have the plaintiff called, and dismiss the writ of error; or may open the record, and pray for an affirmance.
Dismissed.
The Chief Justice also stated, in answer to a question from the clerk, that in such cases, costs go of course.