Samuel Nelson

“ As the omission to return the citation appears to have arisen from the neglect of the clerk, if it had been shown that it remained in the office, a certiorari would have been sent down on a prayer of diminution; but as it has been satisfactorily proved to have been lost or destroyed, it is not a case for a certiorari.
The Palmyrd #fn-s-s [1] is an authority for granting the relief sought at the succeeding term of the court in a case like the present. ”