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ARGUED AND ADJUDGED
The Supreme Court
THE UNITED STATES,
DECEMBER TERM, 1867.
JOHN WILLIAM WALLACE.
WASHINGTON, D. C.:
W. II. & O. II. MORRISON,
Entered, according to Act of Congress, in the year 1868
BY JOHN WILLIAM WALLACE,
In the Clerk's Office of the District Court of the United States for the
Entered, according to Act of Congress, in the year 1868,
In the Clerk's Office of the Supreme Court of the District of Columbia.
SUPREME COURT OF THE UNITED STATES,.
AS MADE APRIL 8, 1867, UNDER THE ACTS OF CONGRESS OF JULY 23, 1866, AND MARCH 2, 1867.
NAME OF THE JUDGE, AND STATE NUMBER AND TERRITORY OF THE DATE AND AUTHOR OF THE JUDGE'S WHENCE COMING.
HON. SAML. NELSON, NEW YORK, VERMONT,
February 14th. PRESIDENT Tyler.
August 4th. PRESIDENT POLK.
1858. January 12th.
HON. R. C. GRIER,
MADE AT DECEMBER TERM, 1867.
RULE No. 31.
APPEARANCE-NOTICE OF MOTIONS.
ORDERED, That upon the filing of the transcript of a record brought up by writ of error or appeal, the appearance of the counsel for the plaintiff in error or appellant shall be entered, and no motion to dismiss, except on special assignment by the court, shall be heard, unless previous notice has been given to the adverse party, or the counsel or attorney of such party.
RULE No. 32.
Supersedeas bonds in the Circuit Courts must be taken, with good and sufficient security, tbat the plaintiff in error or appellant shall prosccute bis writ or appeal to effect and answer all damages and costs if he fail to make his plea good. Such indemnity, where the judgment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including just damages for delay," and costs and interest on the appeal; but in all suits where the property in controversy necessarily follows the event of the suit, as in real actions, replevin, and in suits on mortgages; or where the property is in the custody of the marshal, under admiralty process, as in case of capture or seizure; or where the proceeds thereof, or a bond for the value thereof, is in the cus. tody or control of the court, indemnity in all such cases is only required in an amount sufficient to secure the sum recovered for the use or detention of the property, and the costs of the suió and “just damages for delay," and costs and interest on the appeal.