McCLANE v. BOON


73 U.S. 244 (____)

6 Wall. 244

McCLANE v. BOON.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Lander, in support of his motion.

Mr. Williams, contra.


Mr. Justice NELSON delivered the opinion of the court.

We think the counsel for the plaintiff in error has mistaken the proper practice under the peculiar circumstances of the case. Application should have been made to the court below for the purpose of reviving the suit in the name of the widow and heirs of the deceased; and then a writ of error could have regularly issued.

If the court should refuse, then it would become necessary

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