Roger B. Taney

“ There have been many cases in which an officer of the State, acting in behalf of the State, has been one of the parties. And the 10th rule has never been applied to a case of that kind; and the citation has always been served on the officer, whether conducting the proceedings in his own name, or that of his office. The practice is founded upon the language of the act of 1789, c. 20, which directs the 'adverse party' to be cited, on a writ of error or appeal. ”

“ The 'adverse party' is the one which appeared in the suit, and who prosecuted or defended it, and in whose favor the judgment was rendered, which the plaintiff in the writ of error seeks to reverse.
The motion to dismiss this writ of error must, therefore, be overruled. ”