U.S. Supreme Court
Hurst v. Hollingsworth, 94 U.S. 111 (1876)
Hurst v. Hollingsworth
94 U.S. 111
Where a party sued out a writ of error and obtained the allowance of an appeal and duly filed a transcript of the record here, the court will not, on motion, dismiss the cause, but, when it comes on to be heard, will determine whether it is properly here by appeal or by writ of error and proceed accordingly.