An account rendered becomes an account stated, unless objected to within a reasonable time, and can be impeached only for fraud or mistake. What is such reasonable time is a question of law. Oil Co. v. Van Etten. ACTIONS. SEE CORPORATIONS, 2. DUTIES, 16, 17. EQUITY, 2-9, 18. TRUSTS AND TRUSTEES, 4. 319 1. A remedy which is ample for the enforcement of the payment of coupons is ample for all the purposes of the contract. Antoni v. Greenhow, 468 2. Proceedings to enforce civil rights are civil proceedings, and proceedings for the punishment of crimes are criminal proceedings. Ex Parte Tom Tong, 826 3. The common law right of action to recover back money illegally exacted as duties upon imports, has been converted into a statutory liability by the laws of Congress, the remedy under which is exclusive of all others. 920 Arnson v. Murphy, ADMINISTRATORS AND EXECU TORS. SEE EXECUTORS AND ADMINISTRATORS, passim. ADMIRALTY. SEE APPEAL AND ERROR, 30, 33, 45. COLLISION, passim. ESTOPPEL, 7. JUDGMENTS, 9, 14. JURISDICTION, 26, 38-41. SHIPS AND SHIPPING, passim. 1. Prize money or bounty in lieu of it is not allowed by the laws of Congress, where vessels of the enemy are captured or destroyed by the navy with the co-operation of the army nor for vessels captured on inland waters of the United States. 286 2. The term "inland" applies to all waters of the United States upon which a naval force can go, other than bays and harbors on the sea-coast. U. S. v. Steam Vessels of War, Idem, 286 3. Rivers across which one can see are inland waters, although the tide ebbs and flows for miles above their mouths. Idem, 286 4. A capture, which was made by the army or by 662 the army and navy operating together, inures ex- Idem, 662 6. In such case, demurrage includes reasonable pay and expenses of an agent to look after the interests of the owners up to the time of the delivery of the vessel to the navy department by the court. Idem, 662 7. Where an admiralty court has jurisdiction of the vessel and of the subject-matter of the suit, it cannot be restrained from deciding all questions properly arising in that suit,such as a claim for pilotage fees under a statute of another State. Ex Parte Pennsylvania, 894 8. A supposed error in a judgment of an admiralty court on the merits of an action cannot be corrected 894 by prohibition. The remedy, if any, is by appeal. Idem, 9. The District Court of the United States for the Northern District of Illinois, as a court of admiralty, canal-boat, to recover damages caused by a collision has jurisdiction of a suit in rem against a steam between her and another canal-boat, while they were navigating the Illinois and Lake Michigan Canal in Cook County, Illinois, although the libelant's boat was bound from one place to another, in 2. If the decree of foreclosure is reversed, such a decree falls of itself, and the appeal must be dis64 missed. Idem, 3. An appeal will be dismissed unless it appears, by the record or otherwise, that the value of the matter in dispute exceeds $5,000. Parker v. Morrill, 772 4. A judgment or decree to be final, for the purpose of review here, must terminate the litigation on the merits, so that on affirmance by this court, 1097 the court below would have nothing to do but to execute the judgment or decree which it had already | tion 997, R. S., is no ground for dismissal for want rendered. Idem, 74 8. Where judgment for plaintiff in a personal action is wrongly set aside, and a subsequent final judgment is brought here by writ of error, pending which he dies, the first judgment may be affirmed as of the date it was rendered, in order to prevent abatement. Idem, 74 9. Where an appeal is taken from a special term of Supreme Court of the District of Columbia to a General Term, without filing any bill of exceptions or case stated, a new trial cannot be granted upon a case filed at a subsequent term. Idem, of jurisdiction. School Dist. of Ackley v. Hall, 237 22. If the assignment is filed in accordance with the requirements of paragraph 4, Rule 21, it will ordinarily be enough. Idem, 236 23. A decree in foreclosure which does not order a sale but overrules the defense of the appellant and declares the appellee to be the owner of the debt secured, and refers the case to an auditor to ascertain the amount due on the debt and the amounts due certain judgment and lien creditors, and the existence and priority of liens, and the claims for taxes, is not a final decree for the purposes of an appeal. Grant v. Phoenix Ins. Co., 237 24. An appeal by H., treasurer, and G., auditor, "ex officio the levee board," etc., is an appeal by the board, although the original board has been abolished and the appellants have been constituted such board ex officio, chiefly to finish up its business. Hemingway v. Stansell, 245 25. Where a court errs in refusing to direct a verdict for the defendant, if he goes on with his defense and puts in testimony of his own, and the jury under proper instructions, finds against him on the whole evidence, he cannot, in the absence of the whole evidence on the record, obtain the reversal of the judgment. 266 Grand Trunk R. R. Co. v. Cummings, 26. It is a sufficient answer to an objection, that no such point was made below. 74 Morrill v. Jones, 267 10. Where several libelants unite distinct causes of 27. In a foreclosure suit, a decree, not modified nor action in one suit against the vessel in fault in a col-appealed from,refusing to dismiss or remand it from lision, an appeal will not lie from a decree which does the Circuit to a State Court, is not open to review on not adjudge to any one of them more than $5,000. a subsequent appeal,taken only from the order conEx Parte Balt. & Ohio R. R. Co., 78 firming the sale. 11. Facts found by the circuit court are not open Turner v. Farmers' Loan and Trust Co., 273 to review in this court, which can only consider 28. In a foreclosure suit, where an intervening questions of law arising upon the trial, duly pre-petition, filed by a city corporation for certain taxes sented by bill of exceptions, and errors of law ap- the claim is denied, an appeal by the city can be had claimed to be due on the property, is dismissed and parent on the face of the pleadings. if the amount in controversy is sufficient. Savannah v. Jesup, Jessup v. U. S., 85 96 12. All questions as to surprise or as to re-opening a case or as to the order of proof are matters of discretion, not reviewable here. Ames v. Quimby, 100 13. A party to a suit cannot appeal from a decree which does not affect his interests. Farmers' L. & T. Co. v. Waterman, 115 14. The refusal of a district court to grant a certificate of reasonable cause for filing an information for alleged violation of revenue laws, cannot be reviewed in the circuit court nor in this court; it is not a final judgment. U. S. v. Frerichs, 128 15. The right to appeal from a decree of the circuit court, in foreclosure, which wrongfully denied the right to redeem, is absolute and does not depend upon any offer to redeem within the fifteen months allowed therefor by statute. Mason v. Ins. Co., 129 16. In case of collision, a decree in favor of the owners of a vessel for less than $5,000, and in favor of the owners of the cargo for more than $5,000, can be appealed from only as to the latter. 30. In a case tried by the court, without a jury, ií a written stipulation waiving a jury is not shown affirmatively in the record, none of the questions decided at the trial can be re-examined on writ of error. 311 County of Madison v. Warren, 31. Findings of fact in an admiralty case under the Act of 1875, have the effect of a special verdict and this court can go neither behind nor beyond them. Sun Mut. Ins. Co. v. Ocean Ins. Co., 337 497 32. A conclusion, stated as one of law, must be upheld by express findings of fact. Sun Mut. Ins. Co. v. Ocean Ins Co., 337 33. A judgment of the Supreme court of the Dis17. An extended opinion is unnecessary in affirm-trict of Columbia, refusing to grant a new trial, is ing a judgment merely on disputed questions of fact. final and cannot be reviewed. The Nevada v. Quick, 347 34. Where the state court refuses to give effect to 18. Where the only question raised by him in the a judgment of the Supreme Court of the District of court below was whether certain cotton ties were Columbia, such decision of the state court is a dedutiable as "band iron" at 16 per cent or as "man- nial of the title and right claimed under an authorufactures of iron" at 35 per cent ad valorem, plaint-ity exercised under the United States, and is reviewiff in error cannot here claim them to belong to an-able by this court. other class subject to a different duty. 20. Where a State presents a petition to a circuit 36. Where one has filed a cross-bill which is stricken court for an order as to certain property in the from the files with permission to apply for leave to hands of a receiver in that court, but distinctly re-file another cross-bill, which he fails to do, and a fifuses to be a party or to recognize the jurisdiction of the court, it cannot appeal from the decision because it is not concluded by it. 526 39. This court cannot, upon writ of error, review an order of the Circuit Court, refusing to set aside a verdict for excessive damages. Wabash R. R. Co. v. McDaniels, 605 40. A suit to cancel a patent of lands, brought by a district attorney of the United States, will not be dismissed in this court for lack of proof that it was authorized by the Attorney-General, where such proof is filed in this court and no objection was made in the court below. R. R. Co. v. U. S., 806 41. Where a judgment has been rendered against partners whose interests in the suit were joint, and the judgment affects them jointly and not separately, one alone cannot bring a writ of error, if there has been no summons and severance or other equivalent proceeding. Feibelman v. Packard, 55. Where the record discloses a serious conflict of testimony and the court below might well have dismissed the bill for failure to establish the facts, a decree of dismissal will be affirmed. Hewitt v. Campbell, 871 56. An appeal cannot be taken from a decree in a suit by one who is not a party to it. 895 Guion v. Liv. Lon. & Globe Ins. Co., 57. Where the evidence has not been sent up, and no objections were made to any of the proof, this court cannot review the decree on the ground that it is against the evidence. Ind. & S. R. R. Co. v. L. L. & G. Ins. Co., 895 58. Where the bondholders and trustees under a mortgage take no appeal from the decree,this court will not, on an appeal by the mortgagor, inquire whether they might not have had more. Idem, 895 59. A judgment, rendered on default, upon a dec634 laration setting forth no cause of action, may be re42. Where the Supreme Court of a Territory re-versed on writ of error, and the case remanded with versed the judgment of a territorial district court, directions that judgment be arrested. and made no statement of the facts of the case in Cragin v. Lovell, the nature of a special verdict, as required by the Act of April 7, 1874, ch. 80, and set aside the findings of the district court there is nothing which this court can re-examine. Gray v. Howe, 634 43. A case which was not tried in a territorial court by a jury, must be brought here for review by appeal and not by writ of error. Woolf v. Hamilton, 903 60. The finding of the court without a jury that a defendant had not been possessed of the land in controversy, by actual residence thereon, for a period sufficient to bar the action, is a conclusion of fact which this court cannot review, where the evidence was legally sufficient to justify it. Booth v. Tiernan, 907 635 61. On a general finding for the defendants, on all 44. If the courts of one State gave a wrong con- the issues of fact, no error can be assigned. struction to the laws of another State, in a judgMeath v. Miss. Commissioners, 930 ment set up as an estoppel, in a suit in a state court, 62. The action of the court below in refusing a that error cannot be corrected by means of a trans- new trial, is not subject to review here. fer of the suit from the State Court to the Circuit i T. H. & Ind. R. R. Co. v. Struble, 970 Court of the United States; the judgment can only 63. Where a board of county commissioners in Kanbe reviewed on a writ of error. sas alone bring a writ of error on a mandamus requiring them, with the clerk and treasurer of the county,to levy,collect and pay over a tax, the board cannot allege error for the clerk and treasurer. Cherokee County v. Wilson, C. & A. R. R. Co. v. Wiggins Ferry Co., 636 45. An objection to testimony must be specifically stated and in a proceeding for error the party is confined to the objection taken. Stebbins v. Duncan, 641 46. An appeal with supersedeas stays execution against the stipulators as well as the principal. Ex Parte Warden, 685 47. Where a decree was entered against stipulators and their principal under R. S., sec. 941, which was stayed by a supersedeas bond on appeal, if the decree operates as a lien on the real estate of the stipulators, notwithstanding the appeal, it is an advantage the law gives the appellee for his security, with which this court will not interfere in advance of the hearing of the case on its merits. Idem, 685 48. A decree which states that a bill of exceptions is ordered to be and is filed as a part of the record, gives the bill of exceptions the same effect as if it were incorporated in the body of the decree. Ensminger v. Powers, 732 49. On a certificate of division of opinion, we cannot consider a question which is not certified to us by the Judges of the Circuit Court. U. S. v. Ambrose, 746 50. It is no error, on the execution of the mandate of this court, to permit a third person to become a party and set up rights not embraced in the former decree, where it is done by consent of all parties. Hawkins v. Blake, 775 51. Under the Statute of Illinois, which provides that the opinion of the Supreme Court of that State shall be spread at large upon the records of the court this court may examine such opinions to see whether any federal question is involved. Gross v. U. S. Mortgage Co., 795 52. Where the prayer of a petition for mandamus was that a city might be required to "exhaust its powers of taxation, and continue so to do until relator's judgment is paid and satisfied," and a judgment was entered granting the writ in the exact form prayed for, the omission of the court to define in more exact terms the precise power to be exercised, is not ground for appeal. 5. Where a receiver has taken an appeal in the name of a former receiver, he may be substituted in this court upon motion, without prejudice to proceedings had, and a motion to dismiss will be denied. 386 Adams v. Johnson, 6. Where a writ of error is merely dismissed, when judgment of affirmance ought to have been granted with interest for delay, an application to correct the judgment and mandate so as to allow interest, can not be made after the close of the term at which | for three years after it was allowed, it must be disjudgment of dismissal was rendered. missed. Schell v. Dodge, 601 7. If the condition of an appeal bond, or bond in error, substantially conforms to the requisitions of the statute, it is sufficient to sustain it, although it contains variations of language; and if further conditions be superadded the bond is invalid as to them only. Kountze v. Omaha Hotel Co., 609 S. A motion for additional security on a supersedeas bond denied, where no personal decree for money can be given and the circumstances of the parties have not changed since the security was taken. Johnson v. Waters, 630 9. Motions to dismiss a writ of error, to affirm a decision below to strike out assignments of error, and to advance the causes, denied, where the records have not been printed and the assignment of errors in the brief for the defendants presents questions of which this court has jurisdiction. Crane Iron Co. v. Hoagland, 630 10. Where a dismissal of an appeal by a city is asked on a compromise with one branch of the city government and is resisted by another branch, on the ground that control of the controversy has been transferred to it, the court will not settle the matter summarily on such motion, but will continue the cause to give the latter an opportunity to set aside the compromise. City of New Orleans v. N. O. Mob. & Tex. R. R. Co., 635 11. A motion to dismiss a cross appeal will not be granted, when the record has not been printed and the case is here on the original appeal and it appears from the motion papers that the present appellant pleaded prescription, and it may be important to him to insist on that defense. Mayer v. Walsh, 635 12. If the certificate of the clerk to the transcript sent up is not true, the remedy is by certiorari, to supply deficiencies, and not by motion to dismiss. Mo. Kan. & Tex. R. R. Co. v. Dinsmore, 640 13. Cross appeals must be prosecuted like other appeals, and if not perfected until long after the time when by law they should be, they will be dismissed for want of prosecution. Hilton v. Dickenson, 688 14. If on looking into the record this court finds it has no jurisdiction, it is its duty to dismiss the case on its own motion without waiting the action of the parties. 874 Good Intent Tow-Boat Co. v. Ins. Co., 24. Where a writ of error is not made returnable on any particular day, on motion for a dismissal, leave to amend the writ by inserting the proper return day will be granted; but where the case was manifestly brought here for delay only and the questions presented are frivolous, a motion to affirm will be granted. Evans v. Brown, 898 1. An assignee of any claim, which the receiver of a railroad pending foreclosure is ordered to pay, has the same right to payment as the original holder. Union Trust Co. v. Walker, ATTACHMENT. SEE APPEAL AND ERROR, 33. JUDGMENTS, 2. JURISDICTION, 40. PRACTICE, 2. ATTORNEY. SEE CONSTITUTIONAL LAW, 36. ༢ 490 1. An attorney who purchases property of his client pendente lite cannot be a bona fide purchaser. Gay v. Parpart, 256 2. Disbarring an attorney is not for the purpose of punishment, but for preserving the courts of justice from the official ministration of persons unfit to practice in them. Ex Parte Wall, 552 3. The general rule that conviction should be had before an attorney should be disbarred for an indictable offense is not inflexible; where the case is clear and the denial evasive the court may act without a prior conviction. Idem, 552 4. Where a judge, on going to dinner during a temporary recess of the court, sees a prisoner being taken to jail and on his return from dinner sees the dead body of the same person hanging from a tree, he may proceed summarily upon the information of an eye witness to cite by rule an attorney of the court to show cause why he should not be disbarred for participation in hanging such prisone; although it might be more regular to have an atudavit from the witness, the proceeding without it is not coram non judice. 5. The prohibition in the Act of 1874 concerning the compensation for collecting claims in the court of Commissioners of Alabama Claims is limited to liens, sales or assignments creating a right of property in the claim itself, and does not extend to a mere personal agreement to pay as compensation |