The above section was first enacted in 1869.17 R. S. § 76618 provides for stay of execution on appeal in habeas corpus applications. There are also provisions respecting the letting to bail in cases on appeal from State or Federal courts.19 By R. S. § 100320 writ of error to a State court has the same effect as if the judgment complained of was rendered in a Federal court. § 2018. Effect of writ of error to State court. The writ [of error from the Supreme Court to a State court3] shall have the same effect as if the judgment or decree complained of had been rendered or passed in a court of the United States. Part of R. S. § 709, U. S. Comp. Stat. 1901, p. 575. The general question of supersedeas has already been considered.4 § 2019. No suspension of work of commission of Five Civilized Tribes pending appeal to Supreme Court. In no such case [i. e., in no case in which appeal is allowed from United States courts in Indian Territory direct to United States Supreme Court"] shall the work of the commission to the Five Civilized Tribes be enjoined or suspended by any proceeding in or order of, any court, or of any judge, until after final judgment in the Supreme Court of the United States. Part of act July 1, 1898, c. 545, 30 Stat. 571. § 2020. Stay on appeal from interlocutory injunction order-additional bond. The proceedings in other respects in the court below [upon appeal to the circuit court of appeals from its interlocutory order or decree granting or continuing an injunction or appointing a receivers shall not be stayed, unless otherwise ordered by that court, or by the appellate court or a judge thereof, during the pendency of such appeal: Provided that the court below may in its discretion require as a condition of the appeal an additional bond. Part of 87, act Mar. 3, 1891, c. 517, as amended June 6, 1900, c. 803, 31 Stat. 660, U. S. Comp. Stat. 1901, p. 550, 551. 1 Under the above provision the granting of a stay is not a matter of right but of discretion; and when such discretion is not exercised by that court the power of the appellate court is not affected when the latter court has obtained jurisdiction on appeal.10 Ordinarily the injunction will be suspended in the lower court after final hearing, only in exceptional The action of that court continuing or suspending an injunction, being discretionary, cannot be controlled by mandamus.12 cases. 11 § 2021. bond on interlocutory injunction appeal. On all appeals from any interlocutory order or decree granting or continuing an injunction in a circuit or district court, the appellant shall, at the time of the allowance of said appeal, file with the clerk of such circuit or district court a bond to the opposite party in such sum as such court shall direct, to answer all costs if he shall fail to sustain his appeal. 2nd paragraph of rule 13, circuit court of appeals, in force in all except the first circuit. In the first circuit the rule was amended October 4, 1898 to read as follows: "On an appeal from an interlocutory order or decree granting, continuing, refusing or dissolving an injunction, the appellant shall, at the time of the allowance thereof, file a bond to the adverse party in such sum as the judge who allowed the appeal shall direct, to answer all costs if he shall fail to sustain his appeal."16 At that time a decree refusing an injunction was appealable.17 An appeal from an interlocutory injunction order fixing the appeal bond is not reviewable, nor does the appeal affect any proceeding below except as to the injunction unless the court grants a stay.18 § 2022. stay on appeal from final injunction decree. When an appeal from a final decre, in an equity suit, granting or dissolving an injunction, is allowed by a justice or judge who took part in the decision of the cause, he may, in his discretion, at the time of such allowance, make an order suspending or modifying the injunction during the pendency of the appeal, upon such terms, as to bond or otherwise, as he may consider proper for the security of the rights of the opposite party. 93rd Equity rule, promulgated, Jan. 13, 1879.1 Ordinarily equity decrees are subject to supersedeas just as judgments at 10 Smith v. Vulcan Iron Works, 165 U. S. 525, 41 L. ed. 813, 17 Sup. Ct. Rep. 407. 11 Lalance, etc. Mfg. Co. v. Habermann Mfg. Co. 54 Fed. 376. 12In re Habermann Mfg. Co. 147 U. S. 530, 37 L. ed. 267, 13 Sup. Ct. Rep. 527; see In re Hawkins, 147 U. Fed. Proc.-101. S. 490, 37 L. ed. 252, 13 Sup. Ct. Rep. 512. 162nd par. Rule 13. C. C. A. 1st circuit. 17 Ante, $78. 18 Crown, etc. Co. v. Standard, etc. Co. 136 Fed. 841, 69 C. C. A. 200. 1See 97 U. S. 1601 law.2 But an injunction decree is not stayed by mere grant of appeal with a bond in the form of a supersedeas bond.3 In such cases it is permissible under the above section for the court or judge granting the appeal, to suspend or modify the injunction pending the appeal. Where, however, such power is not exercised the decree retains its intrinsic force and effect.5 § 2023. Appeal bond in admiralty cases in second and ninth circuits. When a notice of appeal is served the appellant shall file in the clerk's office of the district court a bond for costs of the appeal, with sufficient surety in the sum of $250, conditioned that the appellant shall prosecute his appeal to effect and pay the costs, if the appeal is not sustained. Such security shall be given within ten days after filing the notice, or the appeal shall be deemed abandoned, and the decree of the court below enforced, unless otherwise ordered by a judge of this court. § 1 of Admiralty rule II second circuit adopted Oct. 5, 1892, and § 1 of Admiralty rule 2 of the ninth circuit adopted, May 21, 1900. § 2024.bond for supersedeas. If the appellant desires to stay the execution of the decree of the court below, the bond which he shall give shall be a bond with sufficient surety in such further sum as the judge of the district court or a judge of this court shall order, conditioned that he will abide by and perform whatever decree may be rendered by this court in the cause, or on the mandate of this court by the court below. 2nd section of Admiralty Rule II second circuit adopted Oct. 5, 1892 and second section of rule 2, ninth circuit, adopted May 21, 1900. § 2025. exception to sureties and justification. The appellant shall, on filing either of such bonds, give notice of such filing, and of the names and residence of the sureties, and if the appellee within two days, excepts to the sureties, they shall justify, on notice, within two days after such exception. 2 Ante, 2012. 3 Knox Co. v. Harshman, 132 U. S. 14, 33 L. ed. 249, 10 Sup. Ct. Rep. 8; Hovey v. McDonald, 109 U. S. 150, 27 L. ed. 888, 3 Sup. Ct. Rep. 136; Leonard v. Land Co. 115 U. S. 465, 29 L. ed. 445, 6 Sup. Ct. Rep. 127; Slaughter House Cases, 10 Wall. 273, 19 L. ed. 915; New River, etc. Co. v. Seeley, 117 Fed. 982; Interstate, etc. 4 New River Mineral Co. v. Seeley, 117 Fed. 982. 5 Hovey v. McDonald, 109 U. S. 162, 27 L. ed. 892, 3 Sup. Ct. Rep. 136. 3rd section Admiralty rule II second circuit, adopted October 5, 1892 and 3rd section admiralty rule 2 of the ninth circuit, adopted May 21, 1900. § 2026. writ of inhibition to stay proceedings below. A writ of inhibition may be awarded by this court on motion of the appellant, to stay proceedings in the court below, when circumstances require. Rule XII of Admiralty rules circuit court of appeals, second circuit. § 2027. Commerce Commissions order not vacated on appeal. Such appeal [i. e., to the Supreme Court from proceedings by petition to enforce a commerce commission order1o] shall not vacate or suspend the order appealed from. Part of 5 act June 29, 1906, c. 3591, 34 Stat. 592, amending earlier law. 10See ante, § 63, where this provision is given in full. CHAPTER 61. DOCKET, MOTIONS, HEARING AND SCOPE OF REVIEW. $ 2036. § 2037. Models, exhibits, etc. to be placed in marshal's custody. § 2038. § 2039. Disposition in Supreme Court of models, etc., after cases heard. -rule in circuit court of appeals. § 2041. § 2042. § 2043. § 2044. § 2045. § 2046. § 2047. § 2048. § 2049. § 2050. § 2051. § 2052. Precedence on docket of writs of error to State courts in criminal cases. of review of Board of General Appraisers in revenue decisions. of commerce cases. Call and order of docket in Supreme Court cases to go to foot of docket if neither party ready. -ten cases called each day. criminal cases may be advanced. cases once adjudicated advanced on motion. -no other changes in docket ordinarily made. reinstatement of cause. -cases under act of 1889 to be advanced and heard. Motions in Supreme Court to be in writing-what to contain. -on motion to dismiss, notice to be given adverse party. § 2063. Motion to docket and dismiss. § 2062. -when motions to affirm and dismiss may be united. Motions in admiralty causes in second and ninth circuits. brief of appellee or defendant in error. 2071. Briefs in causes before circuit courts of appeal. |