Supreme Court of the United States April 18, 1868 (Alviso v. United States)

Mr. Justice NELSON

delivered the opinion of the court.

As the omission to return the citation appears to have arisen from the neglect of the clerk, if it had been shown

*458

that it remained in the office, a

certiorari

would have been sent down on a prayer of diminution; but as -it has been satisfactorily proved to have been lost or destroyed, it is not a case for a

certiorari.