Opinion of the Supreme Court of the United States, at January Term, 1832, Delivered by Mr. Chief Justice Marshall in the Case of Samuel A. Worcester, Plaintiff in Error, versus the State of Georgia

With a Statement of the Case, Extracted from the Records of the Supreme Court of the United States

Author: John Marshall
Published: 1852
Language: English
Wordcount: 13,989 / 49 pg
Flesch-Kincaid Reading Ease: 64.7
LoC Category: KF
Downloads: 360
Added to site: 2009.07.26
mnybks.net#: 24808
Genre: Politics
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Excerpt

rds: "It is ordered by the Court, that the clerk of the Court to which any writ of error shall be directed, may make return of the same by transmitting a true copy of the record, and of all proceedings in the same, under his hand and the seal of the Court."

[2] 6 Wh. Rules.

This has been done. But the signature of the Judge has not been added to that of the Clerk. The law does not require it. The rule does not require it.

In the case of Martin vs. Hunter's lessee,[3] an exception was taken to the return of the refusal of the State Court to enter a prior judgment of reversal by this Court, because it was not made by the Judge of the State Court to which the writ was directed; but the exception was overruled, and the return was held sufficient. In Buel vs. Van Ness,[4] also a writ of error to a State Court, the record was authenticated in the same manner. No exception was taken to it. These were civil cases. But it has been truly said at the bar, that, in regard to this process, the law mak

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