Morrison Waite

“ We, however, are as much without jurisdiction to vacate the order of the justice as he was without jurisdiction to grant it. Consequently the motion to vacate must be denied, although the order as it stands is of no validity. ”

“ As no writ of error has in fact been issued, we have no jurisdiction of the suit. Mussina v Cavazos, 6 Wall. 358; Bondurant v. Watson, 103 U.S. 278. Waiving the question whether the clerk of the state court could issue the writ on the allowance of the chief justice of that court, which, to say the least, has never yet been held by this court, (McDonogh v. Millaudon, 3 How. 693,) it is sufficient to say that he never has done so, and, so far as this record shows, he has never been asked to do it. ”