McPherson v. Gallagan

1 Hay. & Haz. 394, 1849 U.S. App. LEXIS 474

• Court: Court of Appeals for the D.C. Circuit
• Decided: December 1, 1849
• Status: Published

Opinion

The following order was made by the Court:

This cause having been heard and considered by the Court on a motion to dismiss the certiorari, and it appearing, by the record that the matter of fact, to wit, the forcible entry and detainer had been regularly tried, upon a traverse tendered by the petitioner, before the service of the certiorari, and restitution awarded but not executed; it is now considered by the Court that the certiorari be dismissed with costs, and the Justices proceed in the premises as if the certiorari had not issued; and that the Clerk of this Court do certify the same to said Justices.

December the 1st, 1849.'

Procendendo issued to Justices to proceed December 4th, 1849.