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WEST V. BRASHEAR, 37 U. S. 101 (1838)

U.S. Supreme Court

West v. Brashear, 37 U.S. 12 Pet. 101 101 (1838)

West v. Brashear

37 U.S. (12 Pet.) 101


A defendant in an appeal, using the copy of the record received from the circuit court lodged by the appellant, cannot have the appeal docketed and dismissed under the 30th rule of the Court on the ground that the appellant has failed to comply with the 37th rule, which requires a bond to be given to the clerk of the Supreme Court before the case is docketed. He must, to sustain a motion to dismiss the cause, produce the certificate of the circuit court stating the cause and certifying that such an appeal has been duly sued out and allowed.

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