United States Supreme Court Reports

CASES

ARGUED AND ADJUDGED IN

THE

Supreme Court of The United States,

IN JANUARY TERM, 1850.

BY BENJAMIN C. HOWARD,

Counselor at Law, and Reporter of the Decisions of the Supreme
Court of the United States.

VOL VIII

OF THE

SUPREME COURT OF THE UNITED STATES.

DURING THE TIME OF THESE REPORTS.

The Hon. ROGER B. TANEY, Chief Justice.
The Hon. JOHN M'LEAN, Associate Justice.
The Hon. JAMES M. WAYNE, Associate Justice.
The Hon. JOHN CATRON, Associate Justice.
The Hon. JOHN M'KINLEY, Associate Justice.
The Hon. PETER V. DANIEL, Associate Justice.
The Hon. SAMUEL NELSON, Associate Justice.
The Hon. LEVI WOODBURY, Associate Justice.
The Hon. ROBERT C. GRIER, Associate Justice.

REVERDY JOHNSON, Esq., Attorney-General.
WILLIAM THOMAS CARROLL, Esq., Clerk.
BENJAMIN C. Howard, Esq., Reporter.

RICHARD WALLACH, Esq., Marshal.

Mr. Justice McKinley, being engaged during this term in holding an important session of the U. 3. Circuit Court at New Orleans, did not attend the session.

RULES OF COURT.

No. 53.

Note by the Reporter.-As the dissent of Mr. Justice Wayne from this rule was inadventently omitted from the publication of it in the preceding

volume, it is now reprinted.

Ordered, that no counsel will be permitted to speak, in the argument of any case in this court, more than two hours, without the special leave of the court, granted before the argument begins.

Counsel will not be heard, unless a printed abstract of the case be first filed, together with the points intended to be made, and the authorities intended to be cited in support of them arranged under the respective points. And no other book or case can be referred to in the argument.

Ordered, that when a division of opinion is certified to this court by a circuit court, the If one of the parties omits to file such a state-parties shall be placed on the docket of this ment, he cannot be heard, and the case will be heard ex-parte, upon the argument of the party by whom the statement is filed.

This rule to take effect on the first day of
December Term, 1849.

Mr. Justice Wayne dissents from this rule.
Woodbury, J., does not concur in this rule.

No. 54.

Ordered, that where an appearance is not entered on the record for either the plaintiff or defendant on or before the second day of the term next succeeding that at which the case is docketed, it shall be dismissed at the costs of the plaintiff.

court, as plaintiff and as defendant respectively, in the manner in which it shall appear from the statement of the case they stand in the Circuit Court.

No. 58.

Ordered, that twelve printed copies of the abstract, points, and authorities required by the 53d rule, be filed with the clerk three days before the case is called for argument-nine of these copies for the court, one for the Reporter,. one for the opposing counsel, and the remaining one to be retained by the clerk. This order to take effect on the first day of May next.