6 U.S. 126
2 Cranch 126
2 L.Ed. 229


February Term, 1804

ERROR to the circuit court of North Carolina.

The plaintiff, without describing himself as an alien or citizen, instituted an action of trespass in the case against the defendant, said to be ‘late of Pitt county,’ and a verdict and judgment were given in favour of the defendant.

Mr. Capron sued out a writ of error, and assigned for error that the record did not show that the circuit court had jurisdiction, the parties not being described, so as to show they were within the provisions of the act of congress.

The only question submitted to the court was, whether the plaintiff could assign as error his own omissions and irregularities in the pleadings.

The defendant did not appear, but the citation being duly served, the judgment was reversed.