Farrar v. United States (28 U.S. 459)
MR BENTON moved the court for leave to reinstate this case, which had been dismissed on a former day of the term for want of an appearance of the plaintiffs in error.
At the first term, when the writ of error was filed, the clerk of the court had entered the appearance of the attorney general of the United States, according to the usual practice in such cases.
The attorney general now said, he should not object to the reinstatement if the court thought it proper under the circumstances; but he had intended to take an objection at the time when the suit was dismissed, if any person had then appeared. It was, that the citation for the writ of error was returnable to a day out of term, to wit: on the first Monday of January 1828, instead of the second Monday of that year.
Mr. Chief Justice MARSHALL delivered the opinion of the court as follows: