APPENDIX.

I.

JUDGMENTS AND DECREES,

INTERLOCUTORY AND FINAL, AT OCTOBER TERM, 1887, NOT OTHERWISE REPORTED.

No. 374. ALLIS v. FREEMAN. Appeal from the Circuit Court of the United States for the Western District of Wisconsin. April 2, 1888: Dismissed, with costs, on the authority of the appellant and on motion of Mr. R. D. Mussey in behalf of counsel for appellant, Mr. F. W. Cotzhausen and Mr. R. Mason. No counsel appear ing for the appellees.

No. 227.

April

ANDERSON TWINE Co. v. TOD. Error to the Circuit Court of the United States for the Northern District of Ohio. 13, 1888: Dismissed, with costs, as per stipulation. Lee, Mr. Aaron Blackford, and Mr. James A. Bope for plaintiff in error. Mr. Jacob F. Burket for defendant in error.

Mr. John C.

No. 1152. BAINS v. DODGE. Error to the Circuit Court of the United States for the Northern District of Texas. February 13, 1888: Dismissed, with costs, on motion of Mr. A. H. Garland in behalf of counsel for the plaintiffs in error. Mr. Roger Q. Mills for plaintiffs in error. No counsel appearing for the defendants in

error.

No. 1300. BAIRD V. BALDWIN. Appeal from the Circuit Court of the United States for the Northern District of Illinois. November 15, 1887: Docketed and dismissed, with costs, on motion of Mr. Eppa Hunton for the appellees. No one opposing.

No. 35. BALTIMORE AND POTOMAC RAILROAD COMPANY v. DisTRICT OF COLUMBIA. Error to the Supreme Court of the District of Columbia. October 26, 1887: Dismissed, with costs, for failure to file the transcript of the record during the term to which the writ of error was returnable. Mr. Enoch Totten for the plaintiff in error. Mr. Henry E. Davis for the defendant in error.

No. 91. BALTZER v. BISCHOFFSHEIM. Appeal from the Circuit Court of the United States for the Southern District of New York. October 20, 1887: Dismissed as per stipulation. Mr. C. A. Seward and Mr. Charles M. Da Costa for appellants. Mr. Joseph H. Choate for appellee.

No. 852. BARKER V. KANSAS AND GULF SHORT LINE RAILROAD COMPANY. Appeal from the Circuit Court of the United States for the Eastern District of Texas. May 3, 1888: Dismissed, with costs, as per stipulation, on motion of Mr. Stephen G. Clarke in behalf of counsel. Mr. E. Ellery Anderson for appellants. Mr. H. Chilton for appellees.

Error to the Circuit

No. 1405. BATCHELOR V. KIRKBRIDE. Court of the United States for the District of New Jersey. April 2, 1888: Docketed and dismissed, with costs, on motion of Mr. J. Hubley Ashton for defendant in error. No one opposing.

SON.

No. 939. BAXTER MOUNTAIN GOLD MINING COMPANY v. PATTERError to the Supreme Court of the Territory of New Mexico. May 3, 1888: Dismissed, with costs, on motion of Mr. J. H. Hoffecker, Jr., for the plaintiff in error. No counsel appearing for the defendants in error.

No. 232. BELL TELEPHONE COMPANY OF MISSOURI v. MISSOURI, ex rel. BALTIMORE AND OHIO TELEGRAPH COMPANY. Error to the Circuit Court of the United States for the Eastern District of Missouri. April 18, 1888: Dismissed, with costs, on the authority of the plaintiff in error. Mr. Henry Hitchcock and Mr. G. A. Finckeln. burg for plaintiff in error. No counsel appearing for the defendant in error.

No. 393. BIRDSEYE v. HEILNER. Appeal from the Circuit Court of the United States for the Southern District of New York. May 4, 1888: Dismissed, as per stipulation, on motion of Mr. J. M. Wilson in behalf of counsel, Mr. G. M. Plympton, for appellants. Mr. Livingston Gifford for appellees.

No. 292. BRANSCOM v. WOOD. Appeal from the Circuit Court of the United States for the District of Kansas. May 4, 1888: Dismissed, with costs, pursuant to the 10th Rule. Mr. Simon Wolf and Mr. Wm. F. Mattingly for appellants. Mr. A. Bergen for appellee.

No. 63. CALLender v. Bates. Error to the Supreme Court of the Territory of Dakota. November 10, 1887: Dismissed, with costs, because the transcript of the record failed to show any service of the citation, but leave granted to the plaintiff in error to move within sixty days from the date of this judgment for the restoration of this cause to the docket. Mr. W. K. Mendenhall and Mr. R. J. Wells for plaintiff in error. No appearance for defendant in error.

No. 260. CENTRAL PACIFIC RAILROAD COMPANY v. SANTA CLARA COUNTY. Error to the Supreme Court of the State of California. March 20, 1888: Dismissed, with costs, on motion of Mr. Creed Haymond of counsel for plaintiff in error. Mr. Henry Beard for plaintiff in error. Mr. Barclay Henley for defendant in error.

No. 951. CENTRAL PACIFIC RAILROAD COMPANY 2. UNITED NICKEL COMPANY. Error to the Circuit Court of the United States for the Northern District of California. March 20, 1888: Dismissed, with costs, on motion of Mr. Creed Haymond of counsel for the plaintiff in error. Mr. M. A. Wheaton for plaintiff in error. No counsel appearing for defendant in error.

No. 1362. CHICAGO, BURLINGTON AND KANSAS CITY RAILWAY COMPANY V. SULLIVAN COUNTY. Appeal from the Circuit Court of the United States for the Western District of Missouri. February 20, 1888: Docketed and dismissed, with costs, on motion of Mr. John P. Butler for appellee. No one opposing.

No. 136. CLEVELAND v. LOCKWOOD. Appeal from the Circuit Court of the United States for the District of New Jersey. January 19, 1888: Dismissed, with costs, as per stipulation. Mr. J. D. Bedle for appellants. Mr. Causten Browne for appellee.

No. 858. COPPER QUEEN MINING COMPANY v. ARIZONA PRINCE COPPER COMPANY. Error to the Supreme Court of the Territory of Arizona. February 2, 1888: Dismissed, with costs, on motion of Mr. J. K. McCammon in behalf of counsel for plaintiff in error Mr. Thomas Mitchell. No counsel appearing for defendant in error.

No. 287. CROSBY V. HARDING. Appeal from the Circuit Court of the United States for the Southern District of New York. May 4, 1888: Dismissed, with costs, pursuant to the 10th Rule. Mr. Charles P. Crosby for appellant. Mr. W. S. Carter and Mr. W. B. Hornblower for appellee.

No. 280. DALE V. MARMELSTEIN.

Error to the Supreme Court

of the State of Georgia. November 29, 1887: Dismissed, with costs, on motion of Mr. George A. Mercer for plaintiffs in error. No counsel appearing for defendant in error.

No. 281.

DALE V. Wells. Error to the Supreme Court of the State of Georgia. November 29, 1887: Dismissed, with costs, on motion of Mr. George A. Mercer for plaintiffs in error. No counsel appearing for defendant in error.

Nos. 1378 and 1379. DISTRICT OF COLUMBIA v. MURDOCK. MURDOCK V. DISTRICT OF COLUMBIA. Appeals from the Court of Claims. April 23, 1888: Judgment affirmed by a divided court. Mr. Attorney General and Mr. Assistant Attorney General Howard for the District of Columbia. Mr. C. C. Cole and Mr. John C. Fay for Murdock.

No. 245. DUFF v. ST. LOUIS WOODEN WARE WORKS. Appeal from the Circuit Court of the United States for the Eastern District of Missouri. April 20, 1888: Dismissed, with costs, pursuant to the 10th Rule. Mr. George A. Christy for appellants. No counsel appearing for appellees.

No. 128.

GRAHAM v. SPENCER. Error to the Circuit Court of the United States for the District of Massachusetts. October 11, 1887: Judgment affirmed, as per stipulation, on motion of Mr. J. Hubley Ashton in behalf of Mr. J. B. Richardson, counsel for the plaintiff in error. Mr. E. B. Hoar for the defendant in error.

No. 88. GRAND RAPIDS AND INDIANA RAILROAD COMPANY v. LILES. Error to the Circuit Court of the United States for the District of Indiana. December 1, 1887: Dismissed, with costs, by authority of the plaintiff in error. Mr. Thomas J. O'Brien for plaintiff in error. No counsel appearing for defendant in error.

No. 2, Original. In the matter of ALBERT GRANT. Petition for a Writ of Mandamus. December 19, 1887: Dismissed for the want of prosecution. Mr. B. F. Butler, Mr. S. S. Henkle, Mr. William Lawrence and Mr. H. W. Blair for petitioner. No one opposing.

No. 1364. GREENE v. MCARTHUR. Appeal from the Circuit Court of the United States for the Southern District of Ohio. February 20, 1888: Docketed and dismissed, with costs, on motion of Mr. Lawrence Maxwell, Jr., for appellees. No one opposing.

No. 1365. GLENN v. MCARTHUR. Appeal from the Circuit Court of the United States for the Southern District of Ohio. February 20, 1888: Docketed and dismissed, with costs, on motion of Mr. Lawrence Maxwell, Jr., for appellees. No one opposing.

No. 81. GOULD v. SPICER. Appeal from the Circuit Court of the United States for the District of Rhode Island. November 29, 1887: Dismissed, with costs, pursuant to the 10th Rule. Mr. Thomas Wm. Clarke for appellant. Mr. Benjamin F. Thurston for appellees.

No. 270. HARTRANFT V. ZEH. Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. May 2, 1888: Dismissed, with costs, on motion of Mr. Solicitor General Jenks for plaintiff in error. Mr. Attorney General for plaintiff in

error. Mr. F. P. Prichard for defendants in error.