Title: Benjamin Helm Bristow to J. R. Beckwith, 2 November 1871
Date: November 2, 1871
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.02110
Contributors to digital file: Elizabeth Lorang, Joshua Ware, and Nima Najafi Kianfar
Nov. 2, 1871.
J. R. Beckwith, Esq.
U. S. Attorney,
New Orleans, La.
I herewith return the transcript of the record in the case of the United States, vs. J. W. Burbridge, & Co. et al. which was received at this Department under cover of your letter of 21st of September last.
Upon examination of the transcript it is discovered that the writ of error is defective in respect to the parties. Thus, it appears that the suit was brought by the United States in the Circuit Court against "J. W. Burbridge & Co., and Thomas J. Harris," whereas the writ recites that the proceedings are between the United States and "J. W. Burbridge & Co.," omitting the name Thomas D. Harris, one of the defendants. This is a fatal defect. (Lee Miller V. McKensie, 10 Wall, 582; also the case of the Protector, 11 Wall, 82.)
In view of the foregoing it is deemed useless to file the transcript in the Supreme court under the writ. You are accordingly requested to sue out a new writ, taking care that all the parties whose interests are to be affected by the judgment be properly named therein—and also to procure the issue and service of a citation thereon upon all the parties respectively.
I am sir, with respect, &c. &c
B. H. Bristow,
case of U. S. vs. Burbridge et al
sue out new writ,