ARGUED AND ADJUDGED

IN

The Supreme Court

OF

THE UNITED STATES,

DECEMBER TERM, 1867.

REPORTED BY

JOHN WILLIAM WALLACE.

VOL. VI.

WASIIINGTON, D.C.:
W. II. & 0. II. MORRISON,
Law Publishers and Booksellers.

Entered, according to Act of Congress, in the year 1868

By Join WILLIAM WALLACE,

In the Clerk's Office of the District Court of the United States for the

Eastern District of Pennsylvania.

Entered, according to Act of Congress, in the year 1868,

By W. H. & 0. II. MORRISON,

In the Clerk's Office of the Supreme Court of the District of Columbia.

J U D GES

or THE

SUPREME COURT OF THE UNITED STATES,

DURING THE TIME OF THESE REPORTS.

CHIEF JUSTICE.

SALMON PORTLAND CHASE.

ASSOCIATES.

Hon. SAMUEL NELSON, Hon. Robert COOPER GRIER,
HON. NATHAN CLIFFORD, Hon. Noah II. SWAYNE,
Hon. SAMUEL F. MILLER, Hon. David Davis,

Hon. STEPHEN J. FIELD.

ATTORNEY-GENERAL.

Hon. HENRY STANBERY.

CLER K.

DANIEL WESLEY MIDDLETON, ESQUIRE.

T

OF THE

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 OY THE DATE AND AUTHOR OF THE JUDGE'S
WHENCE COMING.

CIRCUIT

COMMISSION.

CHIEF JUSTICE

FOURTH.
Hox. S. P. CHASE, MARYLAND, West Vir.
Ohio

GINIA, Virginia, North
CAROLINA, AND SOUTH
CARoLina.

1864. December 6th. PRESIDENT LIncoLN.

FIFTE.

Vacant.

GEORGIA, FLORIDA, ALA- Commission Espired.

BAMA, Mississippi, Lou.
ISIANA, AND Texas.

SECOND.
Hon. SAML. NELSON, NEW YORK, VERMONT,
New York.

AND CONNECTICUT.

1845. February 14th. PRESIDENT TYLER.

THIRD.

Hox. R. C. GRIER, Pennsylvania, New JER

Pennsylvania. SEY, AND DELAWARE.

1846. August 4th. PRESIDENT Polk.

1

FIRST.

1858.
Hon. N. CLIFFORD, MAINE, New HAMPSHIRE, January 12th.
Maine.
MASSACHUSETTS,

AND PRESIDENT BUCHANAN.
RHODE ISLand.

SIXTH.

Hon. N. H. SWAYNE, Ohio, MICHIGAN, KEN.
Ohio.

TUCKY, AND TENNESSEE.

1862. January 24th. PRESIDENT Lincoln.

EIGHTH.

Hon. S. F. MILLER, Minnesota, Iowa, Mis-
Iowa.

1862.

July 16th.
PRESIDENT LINCOLX.

GENERAL RULES,

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.

Supersedeas bonds in the Circuit Courts must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute bis writ or appeal to effect and answer ail damages and costs if he fail to make his plea good. Such indemnity, where the judgment or decreo 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 custody 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 suii and “just damages for delay," and costs and interest on the appeal.