BILL OF EXCEPTIONS,— Continued.

what must appear in, 301 (69).

allowed and signed at next term after judgment, unauthorized, 303
(77).

on trial of feigned issue, 304 (84).

in Supreme Court, D. C., in the way usual in Circuit Courts, 170 (31).
BILL OF LADING,

consigning goods to neutral; no invoice, &c. ; further proof, 357 (16).
BILL OF REVIEW,

answer - appeal, 71 (42).

should have been filed, &c., 98 (37).

BOND,

forthcoming, refusal to quash, is not a final judgment, 34 (6).

sum due upon the condition, not the penalty, matter in dispute, 37 (4)
penalty of, no evidence of matter in dispute, 88 (24).

on delivery of property in admiralty, 99 (41).
treated as an admiralty stipulation, 401 (70).
tó a person not a party; dismissal, 315 (21).

for costs; clerk not bound to docket case until is given, 354 (3).

to clerk not filed; order of dismissal will not be set aside at subsequent
term, 354 (4).

may be approved by judge of Territorial court, 156 (4, 5); 157 (6).

on writ of error; what is sufficient, 397 (45).

on writ of error; motion to enlarge security overruled, 399 (57).
and citation not showing parties properly, writ dismissed, 431 (21).
on appeal, when may be given, 319 (40).

new, not accepted, when, 397 (42).

mode and time of taking discretionary, 398 (47).

only one of several defendants executing, 398 (48, 50).
security to equal amount of decree, 398 (51, 52, 53, 54).
approved out of court, 399 (56).

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

insufficient condition; not a stay, 399 (60).

nunc pro tunc, 399 (61).

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

amount of, 400 (63).

presumption of sufficiency, 400 (64).

condition sufficient, 401 (75, 76).

irregular; sufficient bond may be filed, 452 (28).

supersedeas, 389-402 (1-78).

provision for taking merely directory, 397 (44).

presumption that it was taken by the judge, 397 (44).

to be filed within ten days, 398 (55).

amount and sufficiency; discretion of judge, 400 (66, 67).
when Supreme Court may order new, 400 (68), 401 (69).
power to approve, 401 (71, 72, 73, 74).

BONDS OF TOWNSHIPS, 247 (307).
BOUNDARY BETWEEN STATES,
State Court, 236 (266).

BRIBERY OF WITNESS ALLEGED,
further proof ordered, 359 (31).

BRIEF,

Rule 21, 372.

on motion to dismiss, 322 (60).

not filed; dismissal, 375 (18).

on application for suspension or modification of injunction, 402.
and printed records, form of, 402.

BRITISH PROPERTY,

neutral cover; further proof refused, 356 (8).

C.

CALIFORNIA,

private land claims, 69 (26).

District Court; land surveys, 81 (29).

CALL,

of case, neither party appears, 370.
of docket, 386, 387, 388 (1-11).

case placed at the foot not taken up, 387 (1).

CAPTORS,

competent witnesses; further proof, 357 (20).
costs ordered to be paid by claimant, 381 (6).
CASE,

stated; facts; not evidence of facts, 127 (21, 22).
sent out of court; affirmed, 138 (11).

where matter in dispute exceeds $100; Supreme Court, D. C., 173.

appealed from Court of Claims reinstated in Supreme Court, 175 (4).

remanded to Court of Claims, 175 (4).

referred to Court of Claims under special act appealable, 177 (10, 11,
12).

agreed on; submission of, in State Court, 231 (210).

called, and neither party ready, 370.

points of, to be stated before argument, 372, 373 (2), 374 (5, 6, 10).
called; foot of docket; not taken up, 387 (1).

remanded, for amendment of information, 409 (4).

discontinued, in order to present other questions, 438 (5).

CASES,

not consolidated; one writ of error for removing, irregular, 304 (86).
on account of deprivation of rights of citizens, &c., 123.

tried by Circuit Court, without jury, 124-136 (1–71).

alluded to and affirmed, 132 (50).

reviewed in Supreme Court, when a Territory is admitted as a State,
161, 162 (1-9).

two or more, involving same que tions, heard together, 386, 387 (2).
which will be advanced, 386, 387 (3).

which will not be advanced, 387, 388 (4, 5, 6, 7, 8, 10, 11).
dismissing of, in vacation, 389.

CAUSES,

must be ready for hearing when reached, 370, 371 (1, 2).

CAVEAT,

writ of error lies, 56 (6).

CERTIFICATE,

of division of opinion, 100-109 (1-49).

of division of opinion in criminal cases, 112-114 (1–9).

of division of opinion in habeas corpus proceedings, 272 (23).

of clerk below, faith given to, 116 (10).

of clerk, of motion for new trial, no part of record, 331 (14).

of clerk below, that he cannot make out the record in time to comply
with the rule, 316 (21).

of probable cause; motive of court for making, no part of record, 118
(18).

of probable cause, 357 (18).

of presiding judge of State court; Federal question, 240 (282).

from court below, of appeal taken, but not prosecuted, 342 (2, 3), 343
(7, 8), 314 (12), 345 (15, 16, 17).

to record wanting; certiorari not the remedy; withdrawal of transcript,
&c., 364 (14).

CERTIORARI,

Rule 14, and decisions, 361-364 (1-16).

does not lie, in a criminal case, 8 (4).

to Court of Claims, 177 (14), 404 (6).

to State Court, 224 (206).

issued with habeas corpus, 268 (1), 273 (26, 28).

for what purposes issued, 361 (1).

when citation not sent with record, 361 (2).

when record does not show judgment, 362 (3), 364 (16).

when a part of the evidence has been omitted, 362 (4).
amendment in Supreme Court without, 410 (9).

CHANCERY,

suit from highest court of a State; how far law and facts reviewable,
257 (347).

practice, the practice of the Court of Chancery in England affords out-
lines for, 280, 281 (4).

case transferred to law side; bill of exceptions, 296 (37).
causes, no further proof in, 114, 118, 119 (1-3), 412 (25).

CHARGE,

to jury not reviewable, when no exception, 55 (68).

which could not have misled jury, 151 (6).

to jury technically inaccurate; verdict right, 152 (10).

to jury, which fairly submits the law; passages read apart needing qual-
ification, 153 (19).

to jury requested; record not showing its materiality, 149 (37).

to jury right in abstract; record not showing want of evidence, 149
(38).

to jury as a part of the record, 335-338 (37-51).

whole not to be in bill of exceptions (Rule 4), 289, 291 (9).

errors in framing cannot be corrected; must be excepted to, 292
(10).

testimony not included in; presumption that it justified the instruc-
tion, 297 (43).

exception brings up, 295 (34).

general exception, 299 (58).

evidence not all set out; what other evidence given not appearing,

no reversal, 300 (63).

exceptions in gross, 303 (78, 79, 80).

exceptions necessary for review, 303 (81).

not excepted to, 305 (89, 90).

record not showing evidence, 331 (32).

in extenso upon record, disapproved, 335 (37, 38), 336 (39, 40, 41,
42, 43, 44).

intelligible, 337 (45).

what necessary, 337 (46, 47, 48, 49, 50), 338 (51).

omission of a part; certiorari, 362 (5).

alleged not full on some points, 375 (16).

CHEROKEE NATION,

Georgia, injunction, 266 (7, 8, 9).

CHIEF JUSTICE,

act of 1802, ch. 31; mandamus, 20 (32).

of territorial court may allow writ of error, &c., 157 (6).

CIRCUIT COURT,

mandamus, to compel proceedings on error to District Court, 27 (71).
and District Courts acting as Circuit Courts; their judgments may be
reviewed on writ of error, 32-64.

special, to try criminal cases, questionable whether Supreme Court can
appoint, 55 (70).

for Massachusetts, appeals to, from District Court of Maine, 65 (2).
order of, affirming decree of District Court, not proper nor final, 83
(38).

district judge cannot sit in, on case brought by writ of error from
District Court of his district, 100 (3).

cause certified on division of opinion may still be prosecuted in, at dis-
cretion, 105 (27).

appeal from, in prize causes, 110, 111 (1).

(State court) of Virginia, writ of error should have been issued to, 246
(302).

D. C., Supreme Court U. S. has no jurisdiction on certificate of divi-
sion from, 100, (2).

D. C., only final judgments and decrees of, could be reviewed, 100 (2).

CITATION,

on writ of error, 414-416 (1-19).

on appeal, 416-419 (20-37).

rules, regulations, and restrictions; act of 1803, 65 (5).

judge of territorial court may sign, 156 (4, 5), 157 (6).
not properly signed; dismissal, 313 (11).

judge required to sign, 414 (7).

service on an attorney or solicitor of record, 279 (5).

not served, case dismissed, 317 (32).

service on representatives of deceased party, 369 (18).

omission to serve before return-day, not a supersedeas, 392 (20).

new, issued and served; special case, 413 (30).

how long it must have been served, 414 (2, 5, 6).

proof of service aliunde, 414 (8).

not issued or served; dismissal, 313 (13). 319 (47), 415 (12).

not served; decree void; mandate revoked; appeal dismissed, 416 (22).

not served, appeal not avoided; terms on appellant, 418 (34).

to person not a party; dismissal, 315 (21).

act of May 23, 1828; Territorial court, 417 (24, 25, 26, 27).

must be for next succeeding term, 417 (28, 29).

loss of, after service, shown appeal reinstated, 418 (33).

and bond not naming parties properly, writ of error dismissed, 431
(21).

when necessary, 418 (31, 32, 36), 419 (37).

when not necessary, 416 (21, 23), 417 (30), 419 (37).

want of, waived by appearance, 418 (32), 449 (12), 452 (26).

irregularity in, waived by appearance, 316 (24), 449 (13), 451 (25),
454 (38).

acceptance by counsel, waiver of irregularity, 452 (28).