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CASES ARGUED AND DETERMINED
CIRCUIT AND DISTRICT COURTS
DECEMBER, 1890-MARCII, 1891.
AMENDMENTS TO RULES.
SUPREME COURT OF THE UNITED STATES. It is ordered by the court that subdivision 5, rule 8, of this court, be amended so as to read as follows:
5. All appeals, writs of error, and citations must be made returnable not exceeding thirty days from the day of signing the citation, whether the return-day fall in vacation or in term-time, and be served before the return-day.
It is ordered by the court that subdivision 1, rule 9, of this court, be amended so as to read as follows:
1. It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return-day, whether in vacation or in term-time. But, for good cause shown, the justice or judge who signed the citation, or any justice of this court, may enlarge the time, by or before its expiration; the order of enlargement to be filed with the clerk of this court. If the plaintiff in error or appellant shall fail to comply with this rule, the defendant in error or appellee may have the cause docketed and dismissed upon producing a certificate, whether in termtime or vacation, from the clerk of the court wherein the judgment or decreo was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. And in no case shall the plaintiff in error or appellant be entitled to docket the case and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court.
It is ordered by the court that subdivision 2, of rule 9, of this court be amended so as to read as follows:
2. But the defendant in error or appellee may, at his option, docket the case, and file a copy of the record with the clerk of this court; and, if the case is docketed and a copy of the record filed with the clerk of this court by the plaintiff in error, or appellant, within the period of time above limited and preo scribed by this rule, or by the defendant in error or appellee at any time thereafter, the case shall stand for argument.
It is ordered by the court that subdivision 4, of rule 9, be amended so as to read as follows:
4. In all cases where the period of thirty days is mentioned in rule 8, it shall be extended to sixty days in writs of error and appeals from California, Oregon, Nevada, Washington, New Mexico, Utah, Arizona, Montana, Wyoming, North Dakota, South Dakota, Alaska, and Idaho.
Promulgated January 26, 1891. For rules 1-33, see 3 Sup. Ct. Rep. v-xvii.; for rule 10, $ 9, see 7 Sup. Ct. Rep. Ifl.; for rule 23, subd. 4, see 10 Sup. Ct. Rep. iii.; for rule 20, $ 2, see 9 Sup. Ct. Rep. iii.; for rule 32, see 10 Sup. Ct. Rep. iii.; for rules 33, 34, see 6 Sup. Ct. Rep. iii.; for rule 1 in reference to appeals from court of claims, see 2 Sup. Ct. Rep. vi. , for rule 57 of the rules of admiralty practice, see 9 Sup. Ct. Rep. iii.
Hon. HORACE GRAY, CIRCUIT JUSTICE.
Hon. SAMUEL BLATCHFORD, CIRCUIT JUSTICE.
Hon. JOSEPH P. BRADLEY, CIRCUIT JUSTICE.