Opinion
04-23-1811
Scott v. Hall
OPINION
Botts moved to quash the writ of supersedeas in this case as improvidently granted; the clerk of the district court having never certified the record.
Williams, contra. This objection was not taken until after this court had heard the cause. A certiorari was then awarded, but never executed. Botts. I am driven by Mr. Williams himself to make this motion. I wished to dispense with the certiorari, but he would not agree to it.
Note. The supersedeas was awarded in August, 1804; the certiorari in March, 1810, after the cause had been argued. --Note in Original Edition.
Williams then moved for another writ of certiorari; but the court refused it; Judge Roane observing that if the record had been certified by the proper officer, and was suggested to be defective, a certiorari would be proper; but not where the record is not authenticated at all.
Supersedeas quashed.