John Marshall

“ The counsel for the defendant does not contend that the hire of the Franklin could be estimated or damages given to any time posterior to the institution of the suit, but he insists that the writ is only intended to bring the party into court, and unless spread on the record by pleading, is no part of it.
Without entering into this inquiry, it is to be observed in the present case, that the defendant appeared in the circuit court in December 1831, and gave a rule to declare. These facts are entered on the record and must be noticed. ”

“ The original writ appears in the record, and bears date the 2d day of December 1831. It was returned executed on the first Monday in December, that being the first day of the succeeding term, the day to which it was made returnable. ”