Nathan Clifford

“ Granting that the appeal is from the original decree, and that the question is wholly unaffected by the subsequent orders, still it is quite clear that no citation was necessary in this case. Claimant at once signified his intention to move the court to set aside the order granting the appeal, and thereupon it was stipulated and agreed between the parties that all further proceedings should be stayed until the next term of the court. Notice in writing was accordingly given by the claimant that he would submit such a motion at the next term at the opening of the court. ”

“ The statute provides that 'all writs of error upon any judgment or final determination rendered in any cause, shall be brought within two years after the rendering of such judgment on final determination, and not after.' The judgment on final determination in this cause was rendered in July Term, 1840, when the motion which had been made to set aside the report of the referees was denied. ”

“ Statement of the court also shows that the district attorney represented to the court that there was no objection to the confirmation of the claim, and that a decree was consequently entered without an examination of the merits of the claim, and the charge is that the district attorney deceived the court and obtained a decree in his own favor under the false pretence of representing the interests of the United States. ”