Mr. Assistant-Attorney Field, for the United States, moved to dismiss this case for imperfection in the writ, an exhibition of which showed that it was dated December 2d, 1868, and was returnable to "the 3d Monday of December next." But a production by Mr. Cushing, contra, of the citation, showed that it commanded the party to "be and appear at a Supreme Court of the United States on the 3d Monday of December instant, pursuant to a writ of error filed in the clerk's office...
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