U.S. Supreme Court Welsh v. Mandeville and Jamesson, 9 U.S. 5 Cranch 321 321 (1809)
Welsh v. Mandeville and Jamesson
9 U.S. (5 Cranch) 321
Held that This Court will not compel a cause to be heard unless the citation be served thirty days before the first day of the term.
The Court refused to take up the case without consent, although thirty days had then (March 9, when the cause was called for hearing) elapsed since the service of the citation, and observed, that the case of
Lloyd v. Alexander,
only decided that the Court will not take up the case until thirty days have expired since the service of the citation, but it did not decide that the Court would then take it up without consent.