27. (Oct., 1876.) Under the twenty-third rule, in relation to damages, where a writ of error was sued out merely for delay, more than ten per cent upon the amount of the judgment cannot be awarded; but the court may give less. W. W. Railway Co. v. Foley, 4 Otto, 100.

28. Being satisfied that this case is one to which that rule should be applied, the court, affirming the judgment below for $26,333, with costs, awards, in addition to interest, $500 damages. Ib.

29. (Oct., 1878.) The court declares that it will, by the assessment of damages, suppress the evil of resorting to its jurisdiction on frivolous grounds. Whitney v. Cook, 9 Otto, 607.

1. In all cases where any suit shall be dismissed in this court, except where the dismissal shall be for want of jurisdiction, costs shall be allowed to the defendant in error or appellee, as the case may be, unless otherwise agreed by the parties.

2. In all cases of affirmance of any judgment or decree in this court, costs shall be allowed to the defendant in error or appellee, as the case may be, unless otherwise ordered by the court.

3. In cases of reversal of any judgment or decree in this court, costs shall be allowed to the plaintiff in error or appellant, as the case may be, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be a part of such costs, and be taxable in that court as costs in the case.

4. Neither of the foregoing rules shall apply to cases where the United States are a party; but in such cases no costs shall be allowed in this court for or against the United States.

5. In all cases of the dismissal of any suit in this court, it shall be the duty of the clerk to issue a mandate, or other proper process, in the nature of a procedendo, to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain.

6. When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the court below, and annex to the same the bill of items taxed in detail.

RULE 24. COSTS. DECISIONS 1-13.

1. (Feb., 1797.) The costs of a printed state of the case, for the use of the court, were disallowed; because there was no rule authorizing the charge. Jennings v. Brig Perseverance, 3 Dall. 338.

2. (Feb., 1806.) Costs will be allowed upon a dismission of a writ of error, for want of jurisdiction, if the original defendant be also defendant in error. Winchester v. Jackson,

3 Cranch, 515.

3. (Feb., 1817.) The court does not give costs where a cause is dismissed for want of jurisdiction. Inglee v. Coolidge, 2 Wheat. 368.

4. Costs will be allowed upon the dismission of a writ of error, for want of jurisdiction, if the original defendant be also defendant in error. Ib. note f.

5. (Feb., 1817.) The United States never pay costs. United States v. Barker, 2 Wheat. 395.

6. (Feb., 1820.) Captor's costs and expenses ordered to be paid by the claimant, it being his fault that defective documents were put on board. The Venus, 5 Wheat. 127.

7. (Feb., 1824.) Where the writ of error is dismissed, for want of jurisdiction, no costs are allowed. M'Iver v. Wattles, 9 Wheat. 650.

8. (Jan., 1850.) But as the complainant did not offer to redeem the certificates, but insisted upon their unconditional restoration, the defendant below is entitled to costs in the Circuit Court. But the plaintiff below, who was the appellant here, is entitled to his costs in this court. Baldwin v. Ely, 9 How. 580.

9. (Dec., 1855.) This court has power, in a case of original jurisdiction, to award costs against either of the parties. Pennsylvania v. Wheeling Bridge, 18 How. 460.

10. (Dec., 1855.) Where a case is dismissed for want of jurisdiction, this court cannot give a judgment for costs. Strader v. Graham, 18 How. 602.

11. (Dec., 1863.) In such cases of remandment or dismissal, costs are allowed to a co-defendant, being the person charged with having received the fraudulent conveyance. Gaylords v. Kelshaw, 1 Wall. 81.

12. (Oct., 1873.) Special circumstances of an alleged misleading of the court and opposite counsel, by a statement of counsel, considered as a reason for refusing to reverse a judgment manifestly erroneous; and found to be insufficient. Eldred v. Bank, 17 Wall. 546.

13. But though the judgment is reversed and there does not appear to have been any intent to deceive, the plaintiff in error, under the circumstances, recovers no costs in this court. Ib.

1. All opinions delivered by the court shall, immediately upon the delivery thereof, be delivered over to the clerk to be recorded. And it shall be the duty of the clerk to cause the same to be forthwith recorded, and to deliver a copy to the reporter as soon as the same shall be recorded.

2. The opinions of the court, as far as practicable, shall be recorded during the term, so that the publication of the reports may not be delayed thereby.

3. The original opinions of the court shall be filed with the clerk of this court for preservation.

RULE 25. OPINIONS OF THE COURT.

DECISION 1.

1. (Oct. 1873.) Where a question brought to this court is wholly one of the weight of evidence, involving no controverted proposition of law, this court will not, under the pressure of business which now rests upon it, consider itself justified in reproducing in its opinion the facts on which its judgment rests. It will content itself with announcing fully its conclusions upon the evidence. Harrell v. Beall, 17 Wall. 590.

Rule 26. Call of the Docket.

1. The court, on the second day in each term, will commence calling the cases for argument in the order in which they stand on the docket, and proceed from day to day during the term, in the same order; (except as hereinafter provided;) and if the parties, or either of them, shall be ready when the case is called, the same will be heard; and if neither party shall be ready to proceed in the argument, the cause shall go down to the foot of the docket, unless some good and satisfactory reason to the contrary shall be shown to the court.

2. Ten causes only shall be considered as liable to be called on each day during the term, including the one under argument.

3. Criminal cases may be advanced, by leave of the court, on motion of either party.

4. Revenue cases and cases in which the United States are concerned, which also involve or affect some matter of general public interest, may also, by leave of the court, be advanced on motion of the Attorney-General. All motions to advance cases must be printed, and must contain a brief statement of the matter involved, with the reasons for the application.

5. No other cause shall be taken up out of the order on the docket, or be set down for any particular day, except under special and peculiar circumstances, to be shown to the court. Every cause which shall have been called in its order and passed, and put at the foot of the docket, shall, if not again reached during the term it was called, be continued to the next term of the court.

6. Two or more cases, also involving the same question, may, by the leave of the court, be heard together; but they must be argued as

one case.

7. If, after a cause has been passed under circumstances which do not place it at the foot of the docket, the parties shall desire to have it heard, they may file with the clerk their joint request to that effect, and the cause shall then be by him reinstated for call ten cases after that under argument, or next to be called at the end of the day the request is filed. If the parties will not unite in such a request, either may move to take up the cause, and it shall then be assigned to such place upon the docket as the court may direct.

No stipulation to pass a cause without placing it at the foot of the docket will be recognized as binding upon the court. A cause can only be so passed upon application made and leave granted in open

court.

RULE 26. CALL OF THE Docket.

DECISIONS 1-11.

1. (Jan., 1846.) After a case has been called, and placed at the foot of the docket, the court cannot take it up, on motion, and assign a day for its argument, when other cases, of great public importance, have already been assigned for what may be the remainder of the term. Barry v. Mercein, 4 How. 575.

2. (Dec., 1855.) And where there is another case upon the docket, involving the same questions, the court will direct it to be continued, in order that both cases may be argued together. United States v. Booth, 18 How. 476.

3. (Dec., 1858.) The only cases which will be taken up, out of their regular order on the docket, are those where the question in dispute will embarrass the operations of the government, while it remains unsettled. United States v. Fos

satt, 21 How. 445.

4. (Dec., 1870.) Although a suit be nominally by a state as the plaintiff, yet where the real plaintiffs are individuals,

as ex. gr. in a quo warranto, where the state is plaintiff ex relatione, the court will not advance, even by consent of counsel on both sides, a case under the act of June 30, 1870. Miller v. The State, 12 Wall. 159.

5. (Dec., 1870.) A motion to advance cannot, under the act of June 30, 1870, be made, except in behalf of a state, or by a party claiming under its laws. Ward v. Maryland, 12

Wall. 163.

6. Under the thirtieth rule of court, a motion to advance is discretionary with the court. An advance under that rule refused; it appearing that the party asking the advance was not in jail. lb.

7. (Dec., 1872.) The ordinances of municipal corporations laying taxes, cannot be regarded as the revenue laws of the state, from which they derive their power of laying

1 Now twenty-sixth rule.