Ex Parte Ralston

Syllabus

<p>The clerk below is not required to furnish a transcript of the record in a cause iu error, until a writ of error lias issued to which it can he annexed.. ■</p> <p>In error to a state court it has been the prevailing custom, from the begin- . ning, for the clerk of this court or the clerk of the Circuit Court for the prop'er circuit to issue the writ, and for such writ to be lodged with the clerk of the state court before’he could be called on to make the necessary • transcript to be lodged in this court.</p> <p>This court is without jurisdiction to vacate a supersedeas granted where ■ no writ of error was sued out, as it has no legal effect.</p>