The citation had not been served on the defendant in error
thirty days, and the Court would not take up the cause until the
thirty days had expired, unless the defendant in error should
appear.
Page 5 U. S. 366
MR. CHIEF JUSTICE MARSHALL.
The law respecting the thirty days' notice on a writ of error
and the ten days allowed for filing it was predicated upon the
existing state of things at the time of passing the act, at which
time there was no circuit court whose term would not be finished
more than forty days before the sitting of the Supreme Court.
The times of the session of the courts have been altered, but no
alteration has been made in the law respecting the thirty days'
notice, which makes it difficult to form a rule in the case.
At present, if the citation has not been served thirty days, the
Court will not take up the cause until the thirty days have
expired, unless the defendant in error shall appear.
A citation not served is as no citation.
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