MODIFYING,

judgment or decree, on review, 140-142 (1-9).

MOTION,

for writ of prohibition, 8 (1).

by Attorney General, for mandamus, 10 (1).

for mandamus to Circuit Court, to grant new trial, denied, 15 (21).
for attachment against a judge, for contempt, 16 (22, 23).

for rule to show cause; mandamus, 18 (26, 27), 19 (28).

Supreme Court will not, by mandamus, compel inferior court to grant,
29 (82), 30 (86).

to dismiss appeal, for want of jurisdiction of District Court, denied,
94 (18).

to docket and dismiss a prize cause transferred to Supreme Court, by
order of Circuit Court, denied, &c., 111 (4).

to dismiss, for irregularity in bill of exceptions, 293 (20).

to dismiss, made out of regular call, 321 (56).

to dismiss before return-term, 322 (61).

to dismiss appeal, by one of several appellees, 322 (62).

to dismiss writ of error before return-day, 323 (64).

of strangers, to dismiss appeal, overruled, 323 (68), 324 (69)

to dismiss, united with motion to affirm, 324 (70).

to dismiss, after appearance, 351 (51).

to docket and dismiss for want of fee-bond, overruled, 353 (2).
to dismiss, for deficiency in record, denied; certiorari, 364 (15).
to dismiss, for want of appearance to prosecute, sustained, 367 (7).
to dismiss, because brought up for delay, overruled, 388 (8).
to dismiss, for want of proper appeal bond, 398 (49), 399 (58).
to dismiss, because several writs of error sued out, overruled, 428 (5).
to dismiss, because only one of several defendants entered appearance,
428 (8), 429 (9).

to dismiss, because citizenship not averred; waiver, 447 (5), 448
(6).

to dismiss for irregularity, too late, 448 (8).

to reinstate, overruled, 316 (28, 29, 30).

to reinstate, on filing transcript, 342 (4).

to reinstate, granted, 344 (9, 10, 11).

to reinstate, refused, 369 (2), 420.

for rule on plaintiff in error, to file copy of record, overruled, 332 (17).
to quash writ of error for want of return, overruled, 343 (6).

to advance criminal case, 388 (9).

for supersedeas, 398 (55).

to affirm decree, 401 (75, 76).

for leave to file bill in Supreme Court, 282 (9).

for injunction of Supreme Court, 265-267 (1-13).

in court below, order upon, not subject to review, 32 (1), 33 (3, 4),
47 (23), 48 (26, 29), 50 (36, 41), 52 (51, 53), 63 (52), 95 (22), 101

MOTION, Continued.

(8, 9), 102 (10, 11), 113 (1), 114 (8), 159 (15), 239 (277), 297 (45),

304 (84), 305 (89, 90).

for nonsuit, below, no exception to overruling, 292 (12).

MOTIONS,

and motion day (Rule 6), 310, 311–325 (1–76).

MULTIFARIOUS,

plea overruled, 288 (29).

NAMES OF PARTIES,

N.

"and others," irregular, 311 (4).

"the heirs of Nicholas Wilson," 311 (5), 312 (6, 7).
not all set out, 314 (19).

G. M. et al., 433 (36).

NATIONAL CHARACTER, &c.,

of goods recaptured not appearing; further proof, 356 (9).
NEITHER PARTY,

ready at second term, (Rule 19), 370, 371 (1, 2).

NEUTRAL COVER,

of British property, 356 (S).

NEW CLAIM,

cannot be interposed in Supreme Court, 420-126 (1-37).

NEW EVIDENCE,

on appeal in equity, not allowed, 118-119 (1-3).

NEW HAMPSHIRE,

one party claiming under grant from, the other from Vermont, 45 (7).

NEW TRIAL,

when Supreme Court will order, 112 (6), 426 (2), 427 (5).

when Supreme Court will not order, 426 (1, 3), 427 (4).

in inferior court, not compelled by mandamus, 15 (21).

court below cannot grant, after mandate, 25 (58).

application for, in court below; Supreme Court will not review orders,
49 (31), 50 (38), 51 (19), 52 (53, 54), 53 (62), 54 (63), 58 (17,
23), 60 (36), 72 (49), 76 (4), 113 (1), 142 (1), 295 (31), 374 (8).
effect of, on appeal from Court of Claims, 177 (13, 14, 15).
decision by Court of Claims, awarding, not reviewable, 177 (16).
NON-JOINDER,

or writ of error or appeal, 427 (2), 432 (28), 434 (37).

NONSUIT,

court below not compelled by mandamus to vacate order setting aside,
29 (82).

refusal to reinstate after, not ground for writ of error, 57 (11).
writ of error will not lie, on judgment of, 58 (16).

NORTHWESTERN UNIVERSITY,

statute of Illinois, contract; State court, 262 (367).
NOTES,

given for Confederate money; State court, 247 (305).

NOTICE,

of appeal in prize cause filed within thirty days, 110 (2).

of motion to docket and dismiss prize cause, transferred to Supreme
Court, 111 (3, 4).

of protest; State court; no federal question, 262 (365).

of application for injunction, 265 (4, 5).

of motion to dismiss appeal, 323 (65).

NUNC PRO TUNC,

order; supersedeas, 396 (38).

appeal bond, 399 (61).

0.

OATII,

of attorneys and counselors, (Rule 2), 277, 278 (1).

of claimant; further proof, 358 (25).

OBJECTION,

to form of action, when not noticed, 150 (2).

to report of master cannot first be made in Supreme Court, 360 (2).
to deed, for fraud, not specific, 360 (3).

to report of referee cannot first be made in Supreme Court, 361 (5).

or new claim, cannot be first interposed in Supreme Court, 420-426
(1-37).

for want of proper party, when may be taken, 430 (13).

too late, after mandate, &c., 450 (14).

ONUS PROBANDI,

of value; matter in dispute, 38 (14).

OPINION,

not affecting decree, 67 (17, 18).

on certificate of division, 101 (5).

of presiding judge prevails, on division, 109 (48).

not required to be given on abstract point, 290 (4).

of State court of Louisiana, part of record, 332 (21).

OPINIONS,

of the Supreme Court, to be delivered to clerk, to be recorded (Rule
25), 385.

of Supreme Court; conclusions upon the evidence only announced, 385

(1).

ORDER,

of Circuit Court, remanding cause to State court, 28 (76), 53 (58), 55
(66, 67).

allowing appeal, 68 (24).

refusing to revoke writ of possession, 73 (54).

sustaining demurrer not final, 77 (8).

of Circuit Court, affirming decree of District Court, not proper nor final,
83 (38).

denying motion to intervene, 83 (42), 95 (22).

of Circuit Court, awarding process to put purchaser in possession, 94
(19).

striking out answer reviewable, 99 (38).

granting rehearing, 99 (39).

granting or dissolving a temporary injunction, 99 (39).

refusing leave to amend bill, 99 (42).

of Circuit Court, directing transfer to Supreme Court, 111 (3, 4).

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

of Territorial court, on motion to set aside sheriff's return, 159 (15).

of Supreme Court, D. C., quashing inquisition, 164 (3).

by Court of Claims, revoking appeal, 175 (7).

for further proof, disobeying, 358 (24, 25).

for further proof, when made, 358 (26).

for further proof made with caution, 358 (26, 27).

of argument (Rule 22), 378.

mandate not to issue without, (Rule 28), 389. .

improperly made by Supreme Court, before want of jurisdiction dis-

covered, set aside, 427.

by Court of Claims, allowing appeal (Rule 3), 407.

of severance below, separate appeal, 434 (38).

ORDINANCE OF 1787,

superseded by Constitution, 47 (21).

State courts, 188 (10), 189 (41, 42, 43, 44), 233 (251, 252), 234 (253).

ORIGINAL DOCUMENTS,

court may order sent up, on appeal (Sec. 698), 114, (Rule 8), 326, 340
(65, 66, 67), 357 (13).

ORIGINAL EVIDENCE,

invoked from one prize cause, into another, 358 (21).

ORIGINAL JURISDICTION,

of Supreme Court (Sec. 687), 1–7 (1–31).

to issue writs of prohibition and mandamus (Sec. 688), 8-32.

to issue writs of injunction (Sec. 719), 261-267 (1-13).
to issue writs of habeas corpus (Sec. 751), 268–276 (1–13).
power, in case of, to award costs, 381 (9).

ORPHANS' COURT,

Supreme Court, D. C., 165 (5, 7).

OYER,

prayed; demurrer to pleadings; record, 333 (25).

P.

PAMPHLET,

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

PAPERS,

to constitute part of bill of exceptions; annexing or marking, 298
(50 51).

suppression of; further proof, 356 (6).

PAROL,

testimony ought to appear in record, on appeal, 115 (5).

names not all set out; dismissal, 314 (19).

real; motion to dismiss for want of, overruled, 315 (22).

complainants, not all joining in appeal, 316 (31).

"for themselves and the other heirs-at-law," 432 (25, 26).

"et al.," 433 (36).

who were not parties to suit, not concluded, 439 (3).
427-434 (1-41).

PARTNER,

of bankrupts, might sue out writ of error, using their names, 434 (40, 41).

PARTY,

city of Philadelphia, 61 (59).

not appealing, heard only in support of decree, 70 (32), 72 (48), 145 (20).
exception to that rule, 70 (37).

State court; writ of error, 231 (242).

death of (Rule 15), 364, 366-369 (1–18).

must claim right for himself, not for a third person,

429 (11).

discharged in bankruptcy, cannot bring writ of error, 433 (32, 33).

PATENT,

for land not a part of record, 328 (8, 9), 329 (10, 11).
for land, 317 (26).

PATENT AND COPYRIGHT,

cases; writs of error and appeals (Sec. 699), 119–121 (1-8).