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Supreme Court of the United States.

OCTOBER TERM, 1898.

IN MEMORIAM.

AUGUSTUS HILL GARLAND.

The Hon. John W. Griggs, Attorney General of the United States, addressed the court as follows:

"May it please the court: It is my sad duty to announce to the court the sudden death of an ex-Attorney General of the United States,-Augustus Hill Garland.

"The sudden and unexpected death of this distinguished man comes with a shock of surprise to those of us who have heard of it, as undoubtedly it came to those of this court who witnessed his seizure. He was a man so distinguished in his profession, so distinguished as a statesman in political life, and so connected, officially and professionally, with this court to the last moment of his life, that I deem it proper to suggest to the court that out of respect to his memory they should take a recess until to-morrow, and I make that motion."

The Chief Justice responded:

"The court receives the information of the death of Mr. Garland with sincere sorrow, and fully concurs in the suggestion that has been made. As a mark of respect to the memory of this distinguished member of the bar and eminent public servant, an adjournment will be taken until to-morrow, at the usual hour." January 26, 1899.

APPENDIX III.

Supreme Court of the United States.

OCTOBER TERM, 1898.

ORDER.

The reporter having represented that, owing to the number of decisions at the term, it will be impracticable to put the reports in one volume, it is therefore now here ordered that he publish an additional volume in this year, pursuant to section 681 of the Revised Statutes.

U. S.,

February 27, 1899.
BOOK 43.

1229

Supreme Court of the United States.

OCTOBER TERM, 1898.

IN MEMORIAM.

BARON HERSCHELL.

The Chief Justice: "It is with sincere sorrow that I announce to the members of the bar the sudden death of Baron Herschell, former Lord Chancellor of England, information of which has just been received by the court with deep sensibility.

"Lord Herschell had been some months in this country in a public and international capacity, and but a few days have elapsed since he sat with us here, a compliment which has been extended only once previously, in the instance of the then Lord Chief Justice of England.

"In view of the cordial relations between Lord Herschell and the members of this court, his great distinction in our common profession and on the bench, and his unexpected death while absent from home in the discharge of high public duty, we feel called upon to take notice of this sad event, and as a mark of respect to his memory the court will adjourn until to-morrow at the usual hour.

March 1, 1899.

APPENDIX V.

Supreme Court of the United States.

OCTOBER TERM, 1898.

IN MEMORIAM.

STEPHEN J. FIELD.

The Chief Justice: "It becomes my sad duty to inform the gentlemen of the bar that Mr. Justice Field on yesterday (Sunday) evening passed peacefully from this life. He died full of years and of honors, and attended by all that should accompany

old age.

“The judicial career of Mr. Justice Field was unexampled in length and distinction, and he occupied a seat upon this bench for a longer period than any of its members from the beginning. His labors left no region of jurisprudence unexplored, and now that he rests from them, his works will follow him. His retirement when he saw port approaching was so recent that he hardly seems to have been absent, and his death comes home to us the more keenly.

"As a mark of respect to his memory, the court will adjourn until to-morrow." April 10, 1899.

APPENDIX VI.

Supreme Court of the United States.

OCTOBER TERM, 1898.

ORDER.

It is now here ordered by the court that all the cases on the docket not decided, and all the other business of the term not disposed of by the court, be, and the same are hereby, continued until the next term of the court.

May 22, 1899.

1231

GENERAL INDEX

TO THE

FOUR VOLUMES CONTAINED IN THIS BOOK,

171, 172, 173, 174.

OCTOBER TERMS, 1897, 1898.

ABATEMENT.

See COSTS AND FEES. ACCOMMODATION PAPER. See BILLS AND NOTES, 4-6.

ACCOUNTING.

See CONTRACTS, 9.

ACTION OR SUIT.

Law Governing, see CONFLICT OF LAWS.
See also Cos1S AND FEES; DISCONTIN-
UANCE.

1. An employee wrongfully discharged may elect to recover the entire damages for the breach of the contract in a single action,

and thus avoid the embarrassment and annoyance of repeated litigation. Pierce v. Tennessee Coal, I. & R. Co. 591

2. Failure of pledgees to sustain their alleged rights as purchasers at a sale set up as a defense will not affect their rights as pledgees, when they stand on all their rights and have not been put to an election. Hubbard v. Tod,

246

3. A person may, by his acts or omission to act, waive a right which he might otherwise have under the Constitution of the United States. Pierce v. Somerset Railway, 316

4. The withdrawal of the appearance of an attorney without leave of court may leave the record in condition for a valid judgment by default for want of appearance if there is no claim that the attorney has acted in collusion with the plaintiff or without authority or by mistake. Rio Grande I. & C. Co. v. Gildersleeve,

1103

5. A right given by a state statute to revive a pending action for personal injuries, in the name of the personal representative of a deceased plaintiff, is not lost upon the removal of the case into a Federal court. Baltimore & O. R. Co. v. Joy, 677

6. The right to revive an action for personal injuries under Ohio Rev. Stat. § 5144, when the plaintiff dies pending the action,

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