Page:Federal Reporter, 1st Series, Volume 7.djvu/311

 JOHN HANCOCK MUT. LIFE INS. CO. V. MANNINO. 299 �gross upon the whole, as bas been found and stated, ibere is no apparent ground upon this bill, wbicb only goes for the application 6f payments as such, for applying the excess over one loan to the payment of another. Ail payments so taken from one debt to another would, in ellect, be recovered back, and the bill is not adequate to such relief. The payments on acconnt of each debt are to be applied to the legal inte^rest then dae on that debt, and the residue to the principal as of that date. ibis method will extinguisb the $3,000 note, but probably not the other debts. Schedule A is coneeded to show the times of payment, and the amount remaining due can be readily ascertained by computation. It is objected that the bill is defective in not oSering to pay the balance due. The objection was not taken by demurrer nor other- wise until the bearing, and cannot prevail now. In bills to redeem, costs are generally allowed to the defendant; butin this case the defendant has denied the right to redeem, and the orator has not tendered the balance due, and no costs are allowed either way. �Let a decree b« entered for an acconnt, if necessary, of the sum due on each debt, and for the redemption of the mortgaged premises, on payment of the sum due on the mortgage, and of the policies of insurance.on pay- ment of the sum due on the note of 9716.85, to the clerk of this court, for the benelit of the defendant, within 10 days fromentering thedecree, and that in dcfault of such payment the bill be dismissed. ���The John Hancock Mot. Lipb Ins. Co. v. M.Asmsa. �{Uireuit Court, 8. D. Jfew York. April 27, 1881.) �1. New Tbiai/— Mandate fkom Scpebme Court. �The circuit court cannot entertaln a motion for a new trial upon the ground of newly-discovered evidence, after a mandate has been received from the supreme court entitling the plaintiff to an absolute and final judgment. — [Ed. �Wallaoe, D. J. If the defendant's motion for a new trial, on account of newly-discovered evidence, were to be docided according to the rules which govern the exercise of judioial ��� �