4. The allowance of such amendment was not in-
jurious to the sureties in the bond given for the
property, as their liability was neither increased
nor diminished.
2. When Texas was admitted into the Union, such
alienage was terminated.
APPEAL AND ERROR.
SEE CRIMINAL LAW, passim,
EVIDENCE, 12, 16-23, 26, 35.
JUDICIAL SALES, 6, 7, 8, 11.
JURISDICTION, passim,
2. APPEAL AND ERROR, PRACTICE ON.
1. Where a question on division presents an ab-
stract proposition, and no facts in the record show
that it has arisen or can hereafter arise in the case,
this court will decline to answer it.
2. Matters wholly within the discretion of the
circuit court are not reviewable here.
Cheong-Kee v. U. S.,
72
3. The statement in a judgment that it is
64 pay-
able in gold and silver coin, for duties," though un-
necessary, cannot affect the validity of the judg-
4. Where an appeal, pending in the district court
from a decree of the commissioners to settle Cali-
fornia titles, was transferred to the circuit court,
an appeal lies to this court from the decree of the
circuit court.
5. The whole case cannot be transferred to this
court upon a certificate of division of opinion,
Daniels v. Railroad Co.,
224
in point of law, upon the facts as stated and proved,
6. Where the questions certified are: whether,
the action could be maintained; and whether the
jury should be instructed that, under the facts as
proved, the plaintiff could not recover, the ques-
tions certified are not such as this court can con-
sider.
1dem.
224
7. This court will not revise decrees of a court
its judgment, raised on the credibility of witness-
below merely on a doubt as to the correctness of
es or the weight of conflicting testimony.
Newell v. Norton,
271
8. Where usury is not set up and no objection
was taken to the rulings of the court below allow-
5. A libel in rem against a vessel, and in personaming interest, it must be presumed that the court de-
against the owner, may be joined.
cided correctly.
6. The owner and master of a vessel is the bailee
of the cargo, and may maintan an action for its States in an action upon a promissory note must
9. A judgment in the Circuit Court of the United
destruction.
be brought to this court by writ of error, not by
appeal.
Jones v. La Vallette,
1. Where the writ and citation, with the record,
were returned here and filed, and the cause dock-
eted before the motion to dismiss, a motion to dis-
miss, under the 9th Rule, cannot be entertained.
Sparrow v. Strong,
49
2. On a motion to dismiss, the court will look to
the regularity of the writ and the fact of jurisdic-
tion.
Idem,
49
3. Where a demurrer to a declaration in the
circuit court is improperly sustained or overruled,
and judgment is rendered for the wrong party, the
case may be re-examined here upon writ of error
without any formal bill of exceptions.
4. On failure to give notice of appeal from the
decree of the commissioners in a Mexican land
case, "the appeal is for all legal purposes in fact
dismissed."
would not furnish it, and they then applied to the
district attorney; as the transcript was filed and
the case docketed at the next succeeding term, the
case was regularly before the court, under the ex-
ception to the general rule.
14. Leave will not be given to discontinue a writ
of error on account of the sickness of associate
counsel.
McGuire v. The Commonwealth,
164
15. This court will grant leave to withdraw an ap-
pearance whenever asked, but will not require
the calling of the plaintiff with a view to the dis-
missal of the writ of error.
Idem,
164
16. After the withdrawal of the appearance, the
defendant in error, under the 16th rule, may have
the plaintiff called and the suit dismissed, or may
open the record and pray an affirmance.
Idem,
164
17. A general appearance supplies the defect of
a citation on appeal.
U. S v. Armejo,
247
18. Such general appearance, after being entered,
cannot, after the lapse of a term, be altered by the
clerk to a special appearance; nor be withdrawn
without leave of the court.
Idem,
263
24. In equity, the defense of want of jurisdiction
must be presented by a plea or demurrer, and not
by answer.
Idem,
263
25. A title defectively stated, is cured by the ver-
Idem,
26. The practice on writ of error under the Ju-
diciary Act is the same as on like writ at common
law, except as modified by Acts of Congress, or by
the rules of this court.
268
27. Service of the writ of error is made by lodg-
ing a copy of it in the clerk's office, where the rec-
ord is.
ldem,
268
28. Service of the writ, and giving bond with sure-
ties to secure the judgment, make the writ to op-
erate as a supersedeas.
Idem,
268
29. Plaintiff may bring error to reverse his own
judgment, but he must give bond for costs.
Idem,
268
30. Partial satisfaction of the judgment is not a
bar to a writ of error, and does not impair the ju-
risdiction of this court.
Idem,
31. A writ of error need not be allowed by a judge.
Davidson v. Lanier,
377
32. Where the citation was dated before the date
of the judgment but was issued after its rendition,
the date is a mere clerical error.
33. The fact that another writ of error and an-
other citation, not served, were issued, cannot prej-
udice the writ and citation which were duly issued
and served.
Idem,
377
34. The Judiciary Act does not require that the
judge shall put his approval of the appeal bond in
writing.
Idem,
377
35. A writ of error cannot be treated as a nullity
because sufficient security is not given.
Idem,
377
36. Where the writ of error was duly sued out and
served bond given, citation issued and served, and
the record brought up and filed in this court at the
next term a motion to dismiss will be denied.
390
37. Where the record was not filed within the first
835
55. Where in one case three persons are plaintiffs
in error and the citation contains four, and in the
other case the names in the citation are altogether
different from those in the writ of error, and the
bond recites but one person as plaintiff in error,
when there are three; both cases must be dismissed.
Kail v. Wetmore,
862
Same v. Douglass,
862
56. A writ of error not sealed until eleven days aft-
er the judgment does not operate as a supersedeas,
and cannot be amended.
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57. Omission to serve the citation before the re-
turn day of the writ is fatal.
Idem,
863
58. Citation served on the 1st of December, before
the return of the writ, is served in time.
Waters v. Barril,
878
59. When it was returnable with the writ on the
first day of the term the defendants had thirty
days, by the statute, to appear.
Idem,
878
60. The service on one of the joint defendants is
good, even if the other is dead.
Idem,
878
61. In order to make a writ of error a supersedeas,
the law requires that the bond be filed within ten
days.
Patterson v. De La Ronde,
884
62. Where no exceptions to master's report, were
filed the finding of the master is as conclusive
here as it was in the court below.
Canal Co. v. Gordon,
63. Where the court below had no jurisdiction of
this case, the decree will be reversed, and the cause
remanded to it, with directions to dismiss the case.
U. S. v. Alire,
64. The regulations respecting the removal of
cases from the Supreme Court of the District of
Columbia on writs of error or appeal, are the same
as from the Circuit Courts of the United States.
Thompson v. Riggs,
ASSIGNMENT.
SEE BONDS, 3.
2. Upon new proof that came to light after the
decree was made, which could not possibly have
been used at the time when the decree passed, a bill
of review may be granted by the special license of
the court and not otherwise.
3. When the consideration of a note given in
name of joint owners of a vessel, by one of them, was
the balance due by the vessel and its owners to
plaintiff, the defendant, one of such owners, is lia-
ble for the consideration thereof, although he did
not sign the note, and there was no partnership.
Newell v. Nixon,
305
4. The holder of a bill of exchange, signed and in-
dorsed in blank has not unlimited authority to fill
it up at pleasure and bind the signer and indorser
by his act.
5. The delivery of a bill of exchange signed and
indorsed in blank only authorizes the receiver, as
between himself and the drawer and indorser, to
fill it up in conformity with the authority given
6. If there has been no agreement, the authority
is general; if there has, it must be pursued.
Idem,
7. The evidence in the case establishes the fact
that the ship was attempting to break the blockade
when captured.
Idem,
175
8. Concealment of the truth is, itself, prima facie
evidence of fradulent intention.
175
9. Intention to break the blockade may be pre-
sumed from the position of the ship when captured.
Idem,
175
10. A blockade cannot be extended by construe-
tion.
The Peterhoff v. U. S.,
9. Nor can such a bill be enforced against the
drawer and indorser in favor of any one who takes
564
11. The mouth of the Rio Grande was not included
it with knowledge that it has been filled up without in the blockade of the ports of the rebel States.
authority or in fraud.
377
13. An alteration in the date of a promissory note
from September to October by one of two makers
without the consent of the other, extinguishes the
latter's liability.
876
17. The only penalty annexed to the breach of a
14. The plaintiff in such case cannot fall back blockade is the forfeiture of vessel and cargo when
upon the note as it was originally.
taken in delicto.
suance of it are "full and complete evidence, both
in law and equity, to establish the indebtedness of
the county according to their tenor and effect," is
constitutional.
33
2. When special authority is given to the people
of a county to bind themselves by the issue of
bonds, the Legislature may properly direct the mode
in which it shall be effected.
of Galena were issued, it was beyond the power of
the Legislature to repeal it,so far as it concerns such
bonds.
Idem,
560
22. The city cannot object that it owes a large
amount of other debts, and that if these taxes are
collected, the other creditors will be entitled to
share in the distribution of the proceeds.
Idem,
560
33 23. The diminished resources of the city, and the
3. An assignee of a bond takes it subject to all the disproportionate magnitude of its debt, are unim-
equities of the original debtor or obligor.
portant considerations.
Idem,
560
24. In Wisconsin the Legislature may confer on
municipal corporations the power to subscribe for
stock in a railroad or other work of public improve-
ment, issue bonds to pay for it, and provide for their
redemption by the levy and collection of a tax.
62
4. Legislature of Iowa had the power to author-
ize the City of Keokuk to take stock in a railroad
company, and to issue its bonds in payment there-
for, and to lay a tax to pay the interest upon said
bonds.
74
Rogers v. Keokuk,
Rogers v. Lee Co.,
5. The Act of the State Legislature legalizing the
Issue of county, city and town bonds, in the coun-
ties of Lee and Davis, gave validity to said bonds,
notwithstanding any informality or illegality in
their issuing.
7. The Ohio Act of 20th March, 1850,authorized the
City of Cincinnati to contract with a railroad com-
pany for a loan to it of city bonds and a pledge of
its stock as a security.
146
8. The 7th section of the Act does not transmute
the pledge of stock into a lien or mortgage upon
the road and fixtures of the company as security.
Idem,
146
9. The courts of a State having, when bonds were
issued, construed its constitution and laws so as
to give them force and vitality, cannot, by a sub-
sequent and contrary construction, destroy them.
Idem,
177
10. Where a State Legislature possesses the power
to authorize the issue of bonds it can, by a retro-
spective Act, remedy all irregularity in their issue.
Idem,
177
11. Bonds with coupons, payable to bearer, are
negotiable securities and pass.by delivery, and have
all the qualities and incidents of commercial paper.
Idem,
177
12. The owner of coupons can sue without the
production of the bonds to which they were at-
tached, or without being interested in them.
Idem,
177
13. Where bonds on their face import a compli-
ance with the law under which they were issued,
the purchaser and holder for value is not bound to
look further for evidence of a compliance with the
conditions in the grant of power.
353
14. Where a plank road is authorized by the Legis-
lature and is connected with the municipality issu-
ing the bonds, the case falls within the same rule.
Idem,
353
15. Laws requiring taxes to the requisite amount
to be collected, to pay municipal bonds, in force
when the bonds were issued, cannot be annulled by
subsequent legislation.
16. A subsequent Act restricting the power to tax,
so far as it affects the bonds, is a nullity.
403
17. In an action upon coupons of bonds, issued by
a town in aid of a railroad, this court upon its views
heretofore expressed in several similar cases, affirms
the judgment.
26. Where corporate authorities ratified the bonds
by a series of unmistakable acts, and issued new
ones in place of the old, they cannot repudiate
them.
Idem,
CARRIER.
SEE LIEN, 1-4.
MARITIME LAW, 1-5, 13.
170
4. The Act of March 3, 1851, relieves the ship-own-
er from liability for loss to goods on board by fire,
to which he has not contributed either by his own
design or neglect.
172
Walker v. W. Transportion Co.,
5. The 6th section of the Act saves the remedy to
which any party may be entitled against the mas-
ter, officers or mariners of such vessel, for negli-
gence, fraud, or other malversation.
Idem,
172
6. The owner is not liable for the misconduct of
the officers and mariners of the vessel in which he
does not participate personally.
172
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10. Common carriers of passengers are obliged to
carry all persons who apply for passage, if the ac-
commodations are sufficient, unless there is a proper
excuse for refusal.
Pearson v. Duane,
447
11. A refusal to take a passenger should precede
the sailing of the ship.
Idem,
447
12. After the ship has got to sea. it is too late to
take exceptions to the character of a passenger or
to his peculiar position, if he violated no inflexible
rule of the boat in getting on board.
13. Although a railroad or steamboat company
can properly refuse to transport a drunken or in-
sane man, or one whose character is bad, they can-
nol expel him, after having admitted him as a pas-
senger, and received his fare, unless he misbehaves
during the journey.
447
14. Where a passenger conducted himself proper-
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