Clark v. Hackett
This was an appeal from the Circuit Court of the United States for the district of New Hampshire, brought up, filed and docketed in this court to December term, 1859. On the 3d of January, 1862, the cause being No. 67 on the docket of the present term,
Mr. Black, of Pennsylvania, for appellant, suggested diimnution of the record, and moved for a certiorari on affidavits, which accounted for the delay.
The Appellee (a counsellor of this court) appeared in propriapersona, and resisted the motion on the ground that it was too late: this was the third term.
THE COURT awarded the certiorari; but added, that if the cause should be reached before a return, the certiorari would not be regarded as a reason for continuance.
The cause was afterwards reached in its regular order, and the argument was directed to proceed.
Mr. Hackett argued it for himself.
No counsel appeared for appellant.
Mr. Justice NELSON.