motion to dismiss for deficiency in record, denied, 364 (15).

not reinstated when dismissed for non-appearance of appellant, 369 (2).
suspends decree; writ of inhibition, 390 (1).

which operates as supersedeas, and which does not, 391 (13), 392
(14).

within sixty days; act of June 1, 1872; supersedeas, 395 (30, 31, 32,
33, 34), 396 (35).

bond; sureties may be included in judgment, 376 (21).

within five years; security may be given after five years, 397 (46),
398 (47).

bond, only one of several defendants executing, 398 (48).

dismissed; record showing that no appeal-bond was taken, 398 (49).
bond, security to equal amount of decree, 398 (51, 52, 53, 54).

bond approved out of court, 399 (56).

bond, motion to enlarge security overruled, 399 (57).

bond, time allowed by court for filing, 399 (58).

bond, by whom to be taken and approved, 399 (59).

bond, foreclosure case; condition of, when not a stay, 399 (60).

bond, nunc pro tunc, 399 (61).

bond, by mistake or accident not given, 399 (62).

bond, question of sufficiency where cognizable, 400 (63).

bond, amount of, 400 (63).

bond, presumption of sufficiency, 400 (64).

bond, treated as admiralty stipulation, 401 (70).

bond, condition sufficient, 401 (75, 76).

bond irregular, sufficient bond may be given, 452 (28).

allowance, by whom, 401 (72).

at same term as decree; citation not necessary, 416 (21).

in open court; citation not necessary, 416 (23).

Florida Territory; citation; act of May 23, 1828, 417 (24, 25, 26, 27).
adverse party must be cited to appear at next term, 417 (28, 29).
reinstated, on proof of service and loss of citation, 418 (33).

not avoided by non-service of citation; terms imposed on appellant,
418 (31).

asked in open court; no security given until after term; citation neces-
sary, 418 (35).

taken to January term, 1833, entered to January term, 1834; continu-
ance, 419 (1).

from Court of Claims; continuance, 420 (2).

severance on, 428 (6), 430 (16), 432, 433 (30, 31), 433 (35), 434 (39).
APPEARANCE,

order permitting should be set forth in record, 116 (7).

withdrawal of, 279 (5), 281 (19), 351 (50), 369 (1).

ordered, or judgment by default, 282 (11, 12).

by Attorney-General of State, 283 (13, 14).

APPEARANCE, - Continued.

to be entered, upon filing transcript, 342.

non pros. for want of, 351 (47).

by plaintiff in error, want of, 351 (48), 369.

of Attorney-General; practice for clerk to enter, 351 (49).

does not preclude motion to dismiss for want of jurisdiction, 351 (51).

of appellee of no importance to appellant, 351 (52).

on or before second day of term, 352 (53).

by counsel; responsibility, 352 (54).

by executor, on death of appellee, 367 (7).

of defendant; consequence of none when case called, 370.

of neither party, on call of case, 370.

waiver of irregularity, 283, 284 (16, 17, 18), 418 (32), 447 (3), 449
(12, 13), 451 (25), 452 (26), 454 (38).

APPELLANT,

may have his appeal dismissed, 175 (5), 320 (52).

having purchased appellee's interest, case dismissed, 318 (37, 38).
collected amount of decree below; dismissal refused, 319 (44, 45).
purchased patent in dispute; dismissal, 320 (50, 51).

may file transcript, and move to reinstate, during the term, 342 (4).
not appearing; appeal dismissed, 367 (7).

not appearing; appeal dismissed; not reinstated, when, 369 (2).
costs awarded to, 384 (8).

receiving allowances, upon decree; waiver of his objection, 454 (37).

APPELLATE,

jurisdiction; general provision, 32.

criminal cases, 55, 56 (70-74).
equity and admiralty cases, 64.

conferred by Constitution, 69 (29, 30).

of Circuit Court in bankruptcy cases; when its decree reviewable,
75 (8).

habeas corpus, 271 (20), 272 (23, 25), 273 (26, 27, 28), 274 (31),
275 (38, 39, 40), 276 (42).

APPELLEE,

may have appeal docketed and dismissed, when, 341.

APPLICATION,

for reopening case and for certiorari, too late after judgment, 362
(6, 7).

APPOINTMENT,

and discharge of receiver, 435 (1, 2, 3, 4), 436 (5).

APPROVAL,

of supersedeas bond, 401 (71, 72, 73, 74).

pamphlet sent to judges, but not presented in court, 371 (1).

briefs, 372-377 (1-31).

points to be stated before, 373 (2), 374 (5, 6, 10).

order of, 378.

oral, none under Rule 30, unless ordered, 402.

ARKANSAS,

statute of; confirmation of sale, 48 (25).

ARREST,

of judgment below, 293 (17).

ASSESSMENT,

of damages for use of street; judgment confirming; writ of error to
court, D. C., 171 (36, 37).

ASSIGNEE,

in bankruptcy submitting to jurisdiction of State court, 247 (308).
in bankruptcy may be substituted as a party, 432 (27).

ASSIGNMENT,

to sue out writ of error, 433 (33).

substituted as plaintiff in error, 434 (40, 41).

of error, in State court, 251 (325).

of error, or opinion below, no part of record, 334 (29).

of error in Supreme Court, 372.

of error, that the record was defective, 373 (1).

of error, want of jurisdiction, 373 (3), 374 (4).

of error, refusal of continuance, 374 (7, 8).

of error, strict compliance with Rule 21 required, 375 (19).
of error and brief not filed, judgment affirmed, 376 (20).
of error by defendant in error, 377 (26).

of error not specific, 377 (27).

of error general, &c., quare whether sufficient, 377 (28).
of error, 52 filed; such practice condemned, 377 (29).

ATTACHMENT,

against a judge for contempt, 16 (22, 23).

— garnishee - motion for stay of execution, 47 (23).

by Circuit Court, no appeal lies from, 94 (14).

by Territorial Court; fraudulent disposition of property, 158 (10).

by State Court, of money in the hands of a purser, due to seamen, 201
(85, 86, 87).

for costs; Rule 10, 353.

ATOCHA,

Alexander J., case of; special act of Feb. 14, 1865; Court of Claims,
176 (9).

ATTORNEY,

of district and circuit courts; removal or suspension; mandamus, 11
(7, 8).

and counselor; dismissal; Territorial court; mandamus, 22 (44), 23
(45, 46, 47).

disbarred, restoring; mandamus, 26 (63), 28 (73, 74).

power of State courts to prescribe qualifications for admission of, un-
affected by 14th Amendment, 244 (296).

admission to practice in the Supreme Court; oath of, 277.

and counselors, officers of court, 279 (8, 9).

and counselors, tenure of office; how they may be deprived of it, 279
(9, 10).

service of citation on, 415 (15, 16, 17), 416 (18).

ATTORNEY-GENERAL,

motion by, for mandamus, 10 (1).

act of May 26, 1824, directory only, 66 (11).
representing United States in court, 280 (11, 12).

AUDITA QUERELA, 35 (14).

AUTHORITY,

of an attorney or solicitor to appear, 278 (2).

AVERMENT,

of incorporation, &c., 6 (26).

of citizenship; motion to dismiss for want of, 447 (5), 448 (6).

B.

BAILEE, 121 (3).

BANK,

of Alexandria, plaintiff; jurisdiction on appeal, 164 (2).

of Columbia; mandamus to strike off plea refused, 12 (9).

BANKRUPT,

assignee of, submitting to jurisdiction of State Court, 247 (308).
question of title of, in State Court, 252 (328).

BANKRUPT ACT,

-

supervisory jurisdiction of Circuit Court no appeal, 73-75 (1-11).
proceedings in State Court, 214 (150, 151).

BANKRUPTCY,

Supreme Court has no revisory power over decrees of District Court -
writ of prohibition refused, 8 (2).

cases, no appeal lies in, 73, 75 (1–11).

appeal from Supreme Court, D. C., sustained, 171 (35).

supervisory jurisdiction of Circuit Courts in, proceedings not review-
able, 53 (59, 60, 61), 54 (64).

proceedings cannot be certified on division of opinion, 103 (18).

BIDDER,

at marshal's sale, 431 (19).

BILL OF COMPLAINT,

and cross-bill; original jurisdiction; decree, 5 (16).

in equity; Louisiana practice, 21 (35),

to enjoin the marshal from levying execution for less than $2,000, 86
(7, 8).

pro confesso, 71 (40).

pro confesso; motion to allow answer, 94 (16).

amendment of; no appeal lies, 96 (26).

to set aside assignment of patent; matter in dispute, 120 (4).

for specific performance of contract in relation to use of patent;
matter in dispute, 120 (5, 6).

dismissed; decree reversed; accounts erroneously adjusted below, 168
(17).

for injunction, what to set forth, 265 (1).

for injunction, by Cherokee Nation, to restrain State of Georgia, 266
(7, 8, 9).

for injunction, by a State, against Secretary of War, 267 (12, 13).

motion for leave to file; hearing ex parte, 282 (9).

plea, and answer, 285 (23).

alleged mistake in settling State boundary; demurrer overruled, 288
(31).

and answer not stating facts; proofs not noticed, 409 (7).

BILL OF EXCEPTIONS,

Rule 4, and decisions, 289-306 (1-96).

mandamus, 12 (10, 11), 13 (14), 19 (29).

case re-examined without, 50 (37).

containing all the evidence; venire de novo, 125 (8).

must present questions of law, 125 (9).

case where necessary, 126 (15).

general, to all the rulings and decisions of the court below, 126 (17).

finding general, 129 (33, 34), 130 (35, 36).

no agreed statement nor special verdict, 138 (10).

none; no error apparent; affirmance, 139 (17).
conclusive, 290 (1).

mode of taking, 290 (2).

imperfectly drawn, 293 (21).

unskilfully drawn, 298 (49).

when to be signed, 294 (27).
not signed or sealed, 299 (56).
seal to, at its close only, 297 (46).
judge to sign and seal, 300 (62).
need not be sealed, 300 (64).

when to be signed and sealed, 304 (82).