Sec. 3. The appellant shall, on filing either of such bonds, give notice of such filing, and of the names and residences of the sureties, and if the appellee, within two days, excepts to the sureties, they shall justify, on notice, within two days after such exception. 3. REVIEW IN PART ONLY. The appellant may also, at his option, state in his notice of appeal that he desires only to review one or more questions involved in the cause, which questions must be clearly and succinctly stated; and he shall be concluded in this behalf by such notice, and the review upon such an appeal shall be limited to such question or questions. 4. APOSTLES ON APPEAL TO CONTAIN. Section 1. The apostles, on an appeal to this court, shall, in cases where a general notice of appeal is served, consist of the following: (1) A caption exhibiting the proper style of the court and the title of the cause, and a statement showing the time of the commencement of the suit; the names of the parties, setting forth the original parties and those who have become parties before the appeal, if any change has taken place; the several dates when the respective pleadings were filed; whether or not the defendant was arrested, or bail taken, or property attached, or arrested, and if so, an account of the proceedings thereunder; the time when the trial was had, and the name of the judge hearing the same; whether or not any question was referred to a commissioner, or commissioners, and if so, the result of the proceedings and report thereon; the date of the entry of the interlocutory and final decrees; and the date when the notice of appeal was filed. (2) All the pleadings, with the exhibits annexed thereto. (3) All the testimony and other proofs adduced in the cause. (4) The interlocutory decree and any order of the court which appellant may desire to have reviewed on the appeal. (5) Any report of a commissioner or commissioners to which exception may have been taken, with the order or orders of the court respecting the same, and the exceptions to the report, and so much of the testimony taken in the proceeding as may be necessary to a review of the exceptions. (6) All opinions of the court, whether upon interlocutory questions or finally deciding the cause. (7) The final decree, and the notice of appeal; and (8) The assignments of error. Sec. 2. All other papers shall be omitted unless otherwise ordered by the judge who heard the cause. Sec. 3. Where the appellant shall appeal specially and seek only to review one or more questions involved in the cause, the apostles may, by stipulation between the proctors for the respective parties, contain only such papers and proceedings and evidence as are necessary to review the questions raised by the appeal. 5. CERTIFYING RECORDS. The appellants shall, within thirty days after giving notice of appeal, procure to be filed in this court the apostles certified by the clerk of the district court, or in case of a special appeal, the stipulated record, with the certification by the said clerk of all papers contained therein on file in his office. 6. IF APPEARANCE OF APPELLEE NOT ENTERED. If the appellee does not cause his appearance to be entered in this court within ten days after service on his proctor of notice that the apostles are filed in this court, the appellant may proceed ex parte in the cause, and have such decree as the nature of the case may demand. 7. NEW ALLEGATIONS, ETC. Upon sufficient cause shown, this court or any judge thereof, may allow either appellant or appellee to make new allegations or pray different relief, or interpose a new defense, or make new proofs. Application for such leave may be made at any time after the perfecting of the appeal to this court, and within fifteen days after the filing in this court of the apostles, and upon at least four days' notice to the adverse party or his attorney of record. 8. NEW PLEADINGS--NEW TESTIMONY. If leave be granted to make new allegations, pray different relief or interpose a new defense, the moving party shall, within ten days thereafter, serve such new pleading, duly verified, on the adverse party, who shall, if such pleading be a libel, within twenty days answer on oath. If leave be given to take new testimony, the same may be taken and filed within thirty days after the entry of the order granting such leave, and the adverse party may take and file counter-testimony within twenty days after such filing. 9. NEW TESTIMONY-HOW TAKEN. Such testimony shall be taken by deposition before the clerk of this court, or any United States commissioner, or any clerk of a district or circuit court of the United States, or any notary public, upon reasonable notice, in writing, given to the opposite party or his attorney of record, either in this court or in the court below, which notice must state the name or names of the witness or witnesses and the time and place of taking his or their deposition or depositions; or by commis sion issued out of this court with interrogatories annexed. Upon sufficient cause shown, the court may grant an open commission. 10. PRINTING NEW PLEADINGS AND TESTIMONY. If new pleadings are filed or testimony taken in this court, the same shall also be printed and furnished by the clerk, as in the 23d general rule provided. 11. MOTIONS. All motions shall be made upon at least four days' notice. 12. EXTENSION OF TIME. The time specified in the foregoing rules for any proceeding may be extended by order of a judge of this court. These rules shall go into effect on the first Monday of October, 1900. AMENDMENTS TO RULES. UNITED STATES CIRCUIT COURT OF APPEALS. Fifth Circuit. 261 [Ordered, that rule 26 of this court be amended so as to read as follows:] All arguments, briefs, motions, and petitions for rehearing printed for the use of the court, must be printed on white book paper, size of paper page, trimmed, to be 61x9 inches; size of type page to be 4x7 inches, exclusive of folio line; margin to be properly arranged with a view of rebinding. Type must not be smaller than long primer. May 29, 1900. 1 For rule as originally adopted, and amendment thereto, see 31 C. C. A. clxvi., 90 Fed. clxvi., and 38 C. C. A. iii., 98 Fed. iii. JUDGES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS AND THE CIRCUIT AND DISTRICT COURTS. FIRST CIRCUIT. Hon. HORACE GRAY, Circuit Justice..... Hon. EDGAR ALDRICH, District Judge, New Hampshire... SECOND CIRCUIT. Hon. RUFUS W. PECKHAM, Circuit Justice. Hom. WILLIAM K. TOWNSEND, District Judge, Connecticut.. Hon. EDWARD B. THOMAS, District Judge, E. D. New York....29 THIRD CIRCUIT, .Washington, D. C. .... Bristol, R. I. .. Portland, Me. ..Portland, Me. .Littleton, N. H. .Boston, Mass. .Providence, R. I. .Washington, D. C. ......Albany, N. Y. ..New York, N. Y. .Hartford, Conn. .New Haven, Conn. ..Utica, N. Y. .New York, N. Y. Liberty St., New York. ...Brattleboro, Vt .Washington, D. C. .Pittsburgh, Pa. .Philadelphia, Pa. Hon. GEORGE SHIRAS, Jr., Circuit Justice.. FOURTH CIRCUIT. Hon. MELVILLE W. FULLER, Circuit Justice.. Hon. CHARLES H. SIMONTON, Circuit Judge.... Hon. THOMAS J. MORRIS, District Judge, Maryland... .Washington, D. C. ..Clarksburg, W. Va. ..Charleston, S. C. Baltimore, Md. Carolina..........Raleigh, N. C. Hon. HAMILTON G. EWART, Dist. Judge, W. D. North Carolina. Hendersonville, N. C. Hon. WILLIAM H. BRAWLEY, District Judge, E. and W. D. South Car..Charleston, S. C. Hon. EDMUND WADDILL, Jr., District Judge, E. D. Virginia....... Hon. JOHN PAUL, District Judge, W. D. Virginia.. Hon. JOHN J. JACKSON, District Judge, West Virginia... FIFTH CIRCUIT Hon. EDWARD D. WHITE, Circuit Justice.. .....Richmond, Va. ...Harrisonburg, Va. .Parkersburg, W. Va. .Washington, D. C. ..Dallas, Tex. Montgomery, Ala. ......Mobile, Ala. ..Pensacola, Fla. Jacksonville, Fla. ...Atlanta, Ga. .Macon, Ga. .New Orleans, La. .Shreveport, La. ..Kosciusko, Miss. .Sherman, Tex. .Ft. Worth, Tex. ....Austin, Tex. ..Detroit, Mich. .Grand Rapids, Mich. Hon. HENRY H. SWAN, District Judge, E. D. Michigan.. SEVENTH CIRCUIT. Hon. HENRY B. BROWN, Circuit Justice. EIGHTH CIRCUIT. Hon. DAVID J. BREWER, Circuit Justice... 1 Resigned March 15, 1900. 2 Appointed to succeed William H. Taft, March 16, 1900. Term began March 16, 1900. ..Cleveland, Ohio. ..Memphis, Tenn. .Washington, D. C. .Chicago, Ill. Washington, D. C. ...Little Rock, Ark. .......St. Paul, Minn. ........St. Louis, Mo. |