FORMS OF PROCESS

OF THE

SUPREME COURT OF THE UNITED STATES.

Writ of Error under the 22d section of the Judiciary Act to Circuit Courts or District Courts exercising circuit court powers.

UNITED STATES OF AMERICA, 88.:

The President of the United States, to the Honorable the Judgeof the Courts of the United States for the District of greeting:

Because, in the record and proceedings, as also in the rendition of the judgment of a plea which is in the said

court, before you,

between

—, a manifest error hath happened, to the great damage of the said

as by

complaint appears.

We, being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judg ment be therein given, that then, under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the United States, together with this writ, so that you have the same at Washington, on the Monday of

next, in the said Supreme Court to be then and there held; that the record and proceedings aforesaid, being inspected, the said Supreme Court may cause further to be done therein, to correct that error, what of right,

and according to the laws and custom of the United States,

Clerk of the Supreme Court of the United States.

Though this is the writ of the Supreme Court, it may be issued from the office of the clerk of the circuit court, or of the district court exercising circuit court powers, or (in appropriate cases) of the territorial court, under the seal of the court and signature of the clerk, as well as from the office of the clerk of the Supreme Court.

It regularly bears test of the first day of the preceding term, and is returnable to the first day of the succeeding term, if the judgment on which it issues was rendered thirty days before that period. If the judgment was rendered less than thirty days, it is returnable to the third Monday of the term. (8th Rule.)

It may be issued by the clerk without being allowed by a judge.

When it is to operate as a supersedeas and stay execution, then it must be issued and copy thereof lodged for the adverse party in the clerk's office, where the record remains, within ten days, Sunday exclusive, after the entry of the judgment.

The original writ must be sent up with the transcript.

In framing the writ, care must be taken to set forth, in full, the names of all the plaintiffs in error and defendants in error. It will not do to say A. and others, or the heirs of A., or the like. Writs of error and appeals are frequently dismissed for this defect, as will be seen in CHAPTER VI.

Writ of Error under the 25th section of the Judiciary Act to State Court.

UNITED STATES OF AMERICA, SS.:

The President of the United States, to the Honorable the

greeting:

Because, in the record and proceedings, as also in the rendition of the judgment of a plea which is in the said before you, or some of you, being the highest court of law or equity of the said State in which a decision could be had in the said suit between wherein was drawn

in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision was against their validity; or wherein was drawn in question the validity of a statute of, or an authority exer cised under, said State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision was in favor of such their validity; or wherein was drawn in question the construction of a clause of the Constitution, or of a treaty, or statute of, or commission held under, the United States, and the decision was against the title, right, privilege, or exemption specially set up or claimed under such clause of the said Constitution, treaty, statute, or commission;-a manifest error hath happened, to the great damage of the said

as by complaint appears: We, being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then, under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the United States, together with this writ, so that you have the same at Washington, on the Monday of next, in the said Supreme Court to be then and there held, that the record and proceedings aforesaid, being inspected, the said Supreme Court may cause further to be done therein, to correct that error, what of right, and according to the laws and custom of the United States, should be done.

Witness the honorable

Supreme Court, the

our Lord one thousand eight hundred and

Clerk of the Supreme Court of the United States,

(or Clerk of the Circuit Court of the United States, as the case may be.)

Allowed by

The above form contains all the grounds of jurisdiction specified in the 25th section. Only the one appropriate to the particular case need be used.

All that is said in reference to the writ under the 22d section is applicable here; as, by the express terms of this section, the proceedings are to be the same as under the 22d section. But under this section the decisions require that the writ should be allowed, either by a justice of the Supreme Court or by the chief justice, or judge, or chancellor of the court rendering the judg. ment or decree.

There is no form prescribed for this purpose; but, when the application is made to a justice of the Supreme Court, a short petition, accompanied by copy of the record, would be proper. This petition should describe the suit, aver that the judgment or decree is final, that it was passed by the highest court of the State having jurisdiction of the controversy, and that it involved some one of the federal questions mentioned in the 25th section, which was decided adversely to the right claimed by the petitioner.

APPEALS FROM CIRCUIT COURT.

As in cases of writ of error under the 25th section, the decisions of the court hold it to be necessary that there should be an application for appeal, and an allowance of it by a judge of the circuit, or by a justice of the Supreme Court; and this must be made to appear in the record when sent up.

When the appeal is to operate as a supersedeas, the allowance must be had within ten days, Sunday excluded, from the entering of the decree, precisely as in writs of error.

If the application and allowance are made in open court, during the term at which the decree was rendered, this operates to give appellate jurisdiction, though no citation is issued.

The allowance of the appeal must appear in the record, and the names of the appellants and appellees must be set forth in full, as required in writs of

error.

The Citation.

THE UNITED STATES OF AMERICA, greeting:

Monday of

next, pursu

You are hereby cited and admonished to be and appear at a Supreme Court of the United States, to be holden at Washington, on the ant to a writ of error, filed in the clerk's office of the wherein plaintiff in error, and you are defendant in error, to show cause, if any there be, why dered against the said plaintiff in error, as in the said writ of error mentioned, should not be corrected, and why

ren