Entered according to Act of Congress, in the year 1879, by

LITTLE, BROWN, AND COMPANY,

In the Office of the Librarian of Congress, at Washington.

CAMBRIDGE:

UNIVERSITY PRESS: JOHN WILSON AND SON.

ALLOTMENT, ETC., OF THE JUSTICES

OF THE

SUPREME COURT OF THE UNITED STATES,

AS MADE APRIL 22, 1878, UNDER THE ACTS OF CONGRESS OF JULY 23, 1866, AND MARCH 2, 1867.

NAME OF THE JUSTICE, AND

STATE FROM WHENCE AP- NUMBER AND TERRITORY OF DATE OF COMMISSION, AND BY WHOM APPOINTED.

POINTED.

THE CIRCUIT.

GENERAL RULES.

RULE 30.

“In cases where appeals of the character mentioned in Rule 93, regulating equity practice, have already been taken, this court will, after the cause has been docketed, entertain an application for a suspension or modification of the injunction, based upon a statement of the facts affecting the application by a justice or judge who took part in the decision. All such applications must be printed and submitted on briefs. No oral arguments will be heard, unless specially ordered."

[Promulgated Jan. 13, 1879.]

AMENDMENT TO GENERAL RULES.

AMENDMENT TO RULE 6.

"There may be united, with a motion to dismiss a writ of error or appeal, a motion to affirm, on the ground that, although the record may show that this court has jurisdiction, it is manifest the appeal or writ was taken for delay only, or that the question on which the jurisdiction depends is so frivolous as not to need further argument."

[Promulgated Nov. 4, 1878.]

RULES OF PRACTICE IN EQUITY.

RULE 93.

“When an appeal from a final decree in an equity suit, granting or dissolving an injunction, is allowed by a justice or judge who took part in the decision of the cause, he may, in his discretion, at the time of such allowance, make an order suspending or modifying the injunction during the pendency of the appeal, upon such terms as to bond or otherwise as he may consider proper for the security of the rights of the opposite party.”

[Promulgated Jan. 13, 1879.]

AMENDMENTS TO RULES OF PRACTICE IN

EQUITY.

BILLS TAKEN PRO CONFESSO.

18.

"It shall be the duty of the defendant, unless the time shall be otherwise enlarged, for cause shown, by a judge of the court, upon motion for that purpose, to file his plea, demurrer, or answer to the bill, in the clerk's office, on the rule-day next succeeding that of entering his appearance. In default thereof, the plaintiff may, at his election, enter an order (as of course) in the order-book that the bill be taken pro confesso; and thereupon the cause shall be proceeded in ex parte, and the matter of the bill may be decreed by the court at any time after the expiration of thirty days from and after the entry of said order, if the same can be done without an answer, and is proper to be decreed; or the plaintiff, if he requires any discovery or answer to enable him to obtain a proper decree, shall be entitled to process of attachment against the defendant to compel an answer, and the defendant shall not, when arrested upon such process, be discharged therefrom, unless upon filing his answer, or otherwise complying with such order as the court or a judge thereof may direct, as to pleading to or fully answering the bill, within a period to be fixed by the court or judge, and undertaking to speed the cause."

19.

"When the bill is taken pro confesso, the court may proceed to a decree at any time after the expiration of thirty days from and after the entry of the order to take the bill pro confesso, and such decree rendered shall be deemed absolute, unless the court shall, at the same term, set aside the same, or enlarge the time for filing the answer, upon cause shown, upon motion and affidavit of the defendant. And no such motion shall be granted, unless upon the payment of the costs of the plaintiff in the suit up to that time, or such part thereof as the court shall deem reasonable, and unless the defendant shall undertake to file his answer within such time as the court shall direct, and submit to such other terms as the court shall direct, for the purpose of speeding the cause."

[Promulgated Oct. 28, 1878.]

APPEALS FROM THE COURT OF CLAIMS.

SUBSTITUTE FOR RULE 5.

"In every such case, each party, at such time before trial and in such form as the court may prescribe, shall submit to it a request to find all the facts which the party considers proven and deems material to the due presentation of the case in the finding of facts."

[Promulgated Jan. 29, 1879.]