DATE,

of writ of error, mistake in, not important, 61 (44).

of entry of judgment governs, 63 (56).

of decree, 68 (25), 69 (28), 120 (7), 394 (29), 395 (30).

of bill of exceptions, 294 (24), 301 (67).

DEATH,

of a party (Rule 15), 364.

decisions, 366-369 (1-18).

DECISIONS,

already twice in same way, 138 (11).

as to opening and closing arguments to jury, not reviewable, 53 (55).
of foreign courts, upon law of nations, respected, 445 (37).
DECLARATION,

set-off; matter in dispute, 40 (28, 29).

amendment enlarging matter in dispute, 41 (30).

special pleas; replication; finding; arrest of judgment, 52 (50).
defects in, reviewable, on judgment by default, 160 (20, 21).

in Supreme Court; filing, service, appearance, or default, 282 (12).
fault in, not too late to assign as error, 374 (9).

DECREE,

on bill and cross-bill, in Supreme Court, 5 (16).
provisional, of Circuit Court; mandamus, 28 (75).
right of appeal from; mandamus, 28 (79), 30 (81).

in chancery, not to be brought up by writ of error, 60 (28).
appeal from, in equity and admiralty, 64, 65-73 (1-54).

in bankruptcy, 73-75 (1-11).

final or not, 76–83 (1–42), 172 (38), 390 (3), 411 (16).
matter in dispute, 84-91 (1-39).

reviewable or not, 92-99 (1–43).

date of, day of actual entry, 68 (25), 69 (28), 120 (7).

obtained by fraud, 69 (27).

should be entered in form before appeal, 70 (36).

motion to set aside, by intervenors, 71 (43, 44).

party not appealing from, cannot be heard in opposition to, 72 (48).

of State court, 259 (351).

according to mandate; dismissal with costs, 323 (66).

below, by consent; appeal not dismissed, 324 (75), 325 (76).

of restitution; certificate of probable cause, 357 (18).

nunc pro tunc, on death of party while cause under advisement, 367 (6).
rate of interest on, 380 (10).

supersedeas, 390 (3), 394 (29), 395 (30).

in admiralty, not to exceed sum for which sureties are bound, 400 (65).
motion to affirm denied, 401 (76).

of Supreme Court void, for want of citation; mandate revoked; appeal
dismissed, 416 (22).

DECREE, - Continued.

reversed for want of proper description of parties, 427 (1).
several, parties need not all join in appeal, 429 (10).
cannot be made in absence of a proper party, 430 (13).
objection to, raised first in Supreme Court, 454 (37).

of Provisional Court of Louisiana transferred to Circuit Court; ap-
peal, 111 (2).

of court below, when Supreme Court will not go behind, 116 (9).
below, court cannot set aside, and grant a rehearing, 119 (2).
modified, on review, 140-142 (1-9).

in salvage, not disturbed, 141 (6).

in admiralty, omission to state facts, without fraudulent intent,
141 (7).

reversed upon technical objection, cause remanded, 142 (2).

of Circuit Court, dismissing bill on merits, reversed, when that court
had no jurisdiction, 147 (24).

of dismissal without prejudice directed, 147 (24).

presumed to be right, 145 (17).

appearing to be just, upon the whole record, 145 (18, 19).

of both courts to be considered, to ascertain true intention of mandate,
154 (5).

below reversed, and bill dismissed, accounts having been erroneously
adjusted, 168 (17).

DEED,

in record, not properly identified, 327 (6).

etc., not objected to, etc., admitted, etc. (Rule 13), 360, 361 (1-5).

DEFAULT,

judgment by, refusal of Territorial court to set aside, 160 (19).
judgment by, in Supreme Court, if defendant (State) does not appear,
282 (11).

DEFECT,

in writ of error, which is not fatal, 62 (48).

in pleadings and verdict, Supreme Court can notice, 331 (16).

DEFENDANT,

not entitled to writ of error when judgment less than $2,000, 39 (16).
in error not having assigned error, it cannot be corrected, 377 (26).
necessary, his citizenship must be shown, 430 (18).

DEFENDANTS,

several appeal; one only enters appearance; dismissal refused, 428 (8),
429 (9).

DELAY,

when writ of error sued out merely for, damages, ten per cent (Rule
23), 378, 380-383 (11-29).

DEMISE,

permission to enlarge term in, 102 (12).

DEMURRER,

judgment upon, when not final, 34 (9), 35 (10, 12), 77 (8).

improperly sustained, judgment reviewed without bill of exceptions,
50 (37).

to an indictment, upon three grounds, 113 (5).

to a plea; whole merits put in issue on another plea; no reversal,
152 (13).

by Attorney-General of State; appearance, 283 (13, 14).

is an answer, in law, 283 (15).

to a bill (in Supreme Court) alleging mistake, overruled, 288 (31).
to evidence; the evidence a part of record, 333 (24).

to pleadings; record, 333, (25).

erroneous action of court below on, waived, 453 (33).

to bill; answer subsequently; hearing; demurrer presumed abandoned,
454 (36).

DEPOSITION,

taken under commission from Circuit Court, after appeal, in admiralty
case, 117 (12).

improperly used below; other evidence to same effect, 147 (30).

mode of taking (Rule 12), 355, 357 (14, 15).

as further proof, taken in one cause, cannot be used in another, 358
(22).

deed, grant, or exhibit, cannot be objected to in Supreme Court, unless
objection taken in court below (Rule 13), 360.

read without objection; waiver, 451 (19), 453 (35).

DIMINUTION,

of record; certiorari (Rule 14), 361, 363 (9, 11, 13), 364 (15).

DISCONTINUANCE,

certificate of division, 103 (14).

in order to bring up other questions, 438 (5).

DISCRETION,

of Circuit Court, in cross-examination of a party, 52 (52).

DISMISSAL,

of writ of error, affidavits of value too late after, 40 (25, 26).

matter in dispute, 43 (42, 43).

filed after five years, 60 (30, 31, 32).
returnable too late, 61 (39).

for non-joinder of parties, 63 (51, 53).

judgment not final, 35 (10, 11).

refused; judgment final, 35 (14).

of writ of error, because not returnable on a day required by law,

320 (48).

defective, 411 (19).

to State court, 180 (11), 199 (76), 202 (91, 92, 93),
207 (119, 120), 215 (161), 216 (165), 217 (167),
228 (223, 224), 238 (272), 239 (275), 240 (279), 243
(292), 215 (298), 246 (302, 303, 304), 250 (321).
to State court; citation signed by district judge, 416
(19).

revenue case; Territory of Florida; matter in dis-
pute, 157 (7).

refused; severance, 428 (5).

of appeal, more than five years elapsed, 70 (35).

matter in dispute, 88 (23), 90 (35).

from Supreme Court, D. C.; matter in dispute, 166 (11).

from Supreme Court, D. C.; appeal not allowed; matter in

dispute, 171 (33).

decree not final, 80 (25, 26), 82 (35).

order not reviewable, 93 (11), 91 (14, 15).

may be brought up again, 65 (6).

refused; decree reviewable, 94 (18).

refused; matter in dispute, 90 (34).

from District Court; act repealed, 96 (28).

under confiscation acts, 96 (30).

from Court of Claims, on motion of appellant, 175 (5).

refused; appellant had collected amount of decree below,

319 (14).

without prejudice, 321 (59), 323 (67).

for non-joinder, 428 (6).

taken, but not prosecuted, 312 (2, 3).

rescinded, and mandate cancelled, 347 (30).

record not filed in time, 348 (32).

not vacated on application of person not a party to the record, 348 (33).
for want of fee-bond, not set aside, 354 (4).

for deficiency in record denied; certiorari, 364 (15).

or affirmance, when appearance withdrawn, 369 (1).

for non-appearance of appellant; when case will not be reinstated, 369
(2).

when case called and neither party appears (Rule 18), 370 (1).

or continuance for want of statement of case, 374 (6, 10).

because brief not filed, 375 (18).

or affirmance, when no error assigned, 377 (25).

costs on (Rule 24), 384 (2, 3, 4, 7, 10), 385 (11, 13).

because brought up for delay, refused, 388 (8).

for want of citation, 415 (12), 416 (22), 417 (27), 418 (36).

for want of jurisdiction, orders, 427.

of bill, on reversal, 168 (17).

by equal division; habeas corpus, 312 (8).

order of, not annulled at subsequent term, 316 (28, 29, 30).

on certificate of division, 104 (23, 24), 106 (33), 107 (40), 109 (49).
in prize cause, 112 (6).

of case stated; mass of evidence, 127 (22).

DISMISSING,

bill without prejudice, &c., by court below, final, 77 (9).
bill by court below, on dissolving injunction, final, 83 (39).
case by parties, 279 (6, 7).

cases in vacation (Rule 28), 389.

or remanding, when citizenship not shown, 430 (18).

DISTRICT ATTORNEY,

may furnish transcript on appeal, when, 116 (8).

DISTRICT COURT,

acting as Circuit Court, writ of error to (Sec. 691), 32.

appeals from (Sec. 692), 64, 67 (15).

of Maine, writ of error does not lie to, 57 (10).

appeals from, to Circuit Court of Massachusetts, 65 (2).

of California, time for appeal from, 68 (23).

decision of, in bankruptcy, 73-75 (1-11).

alleged want of jurisdiction of, reviewable, 94 (18).

judgments and decrees of, in cases transferred from territorial courts
(Sec. 704), 163.

authority of, under bankrupt act, denied by State court, 256 (344).
and Circuit Court having concurred, presumption of correctness, 147
(27, 29), 148 (832), 149 (41), 150 (43).

DISTRICT JUDGE,

cannot sit, in case in Circuit Court, on error to District Court, 100 (3).
of Territory of Florida; no appeal from award of, 157 (8), 158 (9).
not to sign citation, upon writ of error to State court, 416 (19).

to show cause, on return-day, 445 (1).

need not swear to return, on rule to show cause, 446 (2).

DISTRICT OF COLUMBIA,

Supreme Court of; its final judgments and decrees may be reviewed
(Sec. 705, 706), 164-174 (1-43).

DISTRINGAS, 282 (10).

DIVISION OF OPINION,

certificate of (Sec. 693), 100-109 (1-49).

in criminal cases (Sec. 697), 112–114 (1–9).