Page:United States Statutes at Large Volume 18 Part 1.djvu/260

 188 Trrma xm.—THE J UDICIARY.—-Ch. 18. 24 $¢1¤’¤·,1789,¢· or decree complained of had been rendered or passed in a court of the 20*"·25*v‘rp‘85'6‘ United States. 5 Feb., 1867, c. _ _ ‘ _ _ V _ ‘ 28, s. 2, v. 14, p. 386.-—(elston r. Hoyt, 3 \\ h., 216; Buell z·. \ an Bess, 8 11, h., 312; Mp- Guire v. The Commonwealth, 3 Wall., 382; Aldrich 1-. }Etna Company, 8 \Vall., 49:;; Gleason v. Florida, 9 Wall., 779; Bartemeyer v. Iowa, 14 Wall., 26. Writseferrorrc- Sec. 100-L. \\'rits of error returnable to the Supreme Court maybe l";m’·bEg°r';h‘i£‘;f issued as well by the clerks of the circuit courts, under the seals thereof, ESQ? uas by the clerk of the Supreme Court. When so issued they shall be, as ——-—-—— - nearly as each case may admit, agreeable to the form of a writ of error 368q)g**$·11792é_§- transmitted to the clerks of the several circuit courts by the clerk of the NBu¤;ljv   seventeen hundred and ninety-two, chapter thirty-six. ess, i., 2 Sheppard r. Wilson, 5 Ilow., 210; Mussina r. (`avazos, 6 Wall., 355. Amendment of Sec. 1005. The Supreme Court may, at any time, in its discretion and fhg ""'°"· upon such terms as it may deem just, allowian amendment of a writ of, June ,8,2 c_ error, when there is a mistake in the teste of the writ, ora seal to the writ 2_;,;,,,_3,,._};_,,_]Q,6_ is wanting, or when the writ is made returnable on a day other than the — - if --- day of the commencement of the term next ensuing the issue of the writ, Carroll in Igor; or when the statement of the title of the action or parties thereto in the Bhiigsi-;gaH:f"'é£3gj writ IS defective, 1f the defect can be remedied by reference to the accommay 6 wxh__ 355; panying record, and in all other particulars of form: [’r·oz·[rIwJ, The defect Hampton »-.Ronse, as not prejudiced, and the amendment will not injure, the defendant in 15 \'all., 684; p;·;·Or_ gthqrton of ad. vg M ow cr et a ., '. .`., 3. {Kmendmgnts in S1cc._1006. The Supreme Court may if. in its judgment, the purposes T 0; justice reqluire it, allow any amen ment, either in form or substance, 230,E_2Yv_,,,P·O5b· o any appea in puze causes [See 1 __SPl’°"°g‘{““· g Sec. 1007. In any case where a writ of error inay be a supersedcas, the 24 s._lpg__1739, C, defendant may obtain such supersedeas by serviqg. the writ of error, by 20, B. 23, v. 1, p. 85. lodging a copy thereof for the adverse party in e clerk`s office where 25}) -;“¥§‘·‘l8j$·  the_record remains, within sixty days, Sundays exclusive, after the ren- 198j’’ Idering of the judgment complained of, and giving the security required ig F,»1,_, 1875, v_ by law on the issuing of the citation. But if he desires to stay process 80, r. 1§Y,]>._{118; on the judgment, he may, having served his writ of error as aforesaid, Hogan ,__ ROSS give the security required by law within sixty days after the rendition of 11 H0,,.;,,,; SML sgclj] judgrqgnt, or afterward with the permission of a justice or judge ford z-. Union 0 the appe ate court. And in such cases where awrit of error mav be B»mk,l6H0w.,135; a supersedeas, executions shall not issue until the expiration of [t}n·lvaz'd r. Yan liuskirk, 3 Wall., 448; City of Washington r. Dennison, 6 Wall., 495; Railroad 1-. llarris, 7 \\ all., 574; Telegraph Co. r. Eyser, 19 Wall., 419; Board of Commissioners 1-. Gorman, 19 Wall., 661; Doyle r. Wisconsin, 9-I U. S., 50; Goddard v. Ord way. 94 U. S., 672. grin ej jirger _ Sue. 1008. No judgment, decree, or order of a circuit or district court, “]}e"‘;‘(l’{’;?1l;t“jil)‘:é in any 01Vll action, at law or in equity, shall be reviewed in the Supreme j:,,. ,,,k,,,,,_ ‘ Court, on writ of error or appeal, unless the writ of error is brought, or _, June, ‘,j,ggi; the appeal is taken, within two years after the entry of such judgment, g55_S_g_,,_;;_,,,1g6, decree, or order: /’;·m·zder/, That where a party entitled to prosecute a Th,,,,,,,,,._B,.0ck_ writ of error or  take an appeal IS an infant, insane person, or im risenljrongn, 10 Wh., 0n0d, such writ of error may be prosecuted, or such appeal may be taken, git: _Br1•1j<>jrI¤ r- within two years after the judgment, decree, or order, exclusive of the 202;***,, angc‘;_“y term of such disability. [See s 085.] Abbott, 6 Wall., 532; The Protector, 9 Wall., 687. cnxjlgpgelu  fpnc.l1009.dAppealsj in prize causes shall be made within thirty days what time. a_ er t ie 1en eiing o the decree appealed from, unless the court pre- ...Y_..._. viously extends the tnne,`for cause shown in the particular case: *m- 17g0F·lljrj;¢,`}8gi, E- tended, That the_Supreme Court may, if in its judgment the purposes of 3,03 · * • ¤ · justice require 1t, allow an appealin any prize cause, if it appears that any notice of appeal, or of intentiou to appeal. was filed with the clerk
 * Ll.' 'pg'.; Supreme Court, in pursuance ot section mne of the act of May eight,
 * ,‘A*;"“ term qf.s·/rrtg] [ten] days.