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Mima Queen and Child, petitioners for freedom, v. Hepburn U.S. 290 (1813)

handle is hein.slavery/ussccases0021 and id is 1 raw text is: SUPREM E COURTU. S. 3xiToN Court, the executibn recited in the bond on which the A. second judgment was rendered. 'This difficulty can mP&, Ta W& never occur except incases where all the proceedings nYAmi. in the original judgment, except the execution, are al- -.--'---eady before this Court. The execution, therefore. though no part of either the original or deptndent re- cord, being certified by the proposed writ, will supply the only link necessary to prove the connexion between the two judgments. . 14 this case, ther Court from the novelty of the prac- tice necessary to be adopted, will not permit the Plain- tiff in error to suffer in consequence of his not having applied sooner for a writ of certiorari, but will now di- rect the same to issue. In future the party must take the consequences of his neglect, if lie should fail to have the execution, certified in time. Jtarch 16th .... WAs HNGTo, J. The Court has ex- amined the execution which has been sent up by certio- ran, and is satisfied that the judgment on which it is- sued is that which was reversed at the last term. The .judgment, therefore, on the forthcommg bond must be reversed also. Judgmeut reversed. ISIS. MIMA QUEEN AND CHILD, Feb. 5th. PETITIONERS FOR FREEDOM, T. HEPBURN. Fresent.a..ll the AJdges except TODD, J. fie.sa o.,. E.ROR to the Circuit Court for the district of Co- denc) Is n- lhmbia, sitting at Washington. tompetent to eatabAlh any epecifo fact, At the trial severaL bills of' exception. were taken.

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