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me known to be the person described in and who executed the foregoing stipulation, and they acknowledged to me that they executed the same.

[SEAL.]

Jos. F. ARNOLD,
Notary Public,
N. Y. Co.

CERTIORARI FORM XVI.-NOTICE OF MOTION FOR WRIT OF CERTIORARI FOR DIMINUTION OF THE RECORD.

[144 Fed. 679.]

UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.

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Upon the petition of Christian Dancel and Mary Dancel, a copy of which is hereto annexed, sworn to October 6th and 7th, 1905; and the certificate of John A. Shields, Clerk of the [District Court] of the United States for the Southern District of New York, a copy of which is hereto annexed, I shall make the annexed motion to the United States Circuit Court of Appeals for the Second Circuit at a stated term thereof in the Court Room of said Court, in the Post Office Building, in the Borough of Manhattan, City and County of New York, on October 16th, 1905, at the opening of Court on that day, or as soon thereafter as counsel can be heard and that I shall then and there move for the relief prayed in said petition and for such other and further relief in the premises as may be just.

Dated Oct. 10, 1905.

Yours, &c.,

J. PHILIP BERG, Attorney and Solicitor for Pl'ffs and Resp'ts, 302 Broadway, New York.

To Edwards H. Childs, Esq., Attorney and Solicitor for Appl't, 59 Wall. Street, N. Y. City.

CERTIORARI FORM XVII.-MOTION FOR WRIT OF CERTIORARI FOR DIMINUTION OF THE RECORD.

[144 Fed. 679.]

UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.

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And now come the plaintiffs-respondents by J. Philip Berg, their attorney; and upon the petition of Christian Dancel and Mary Dancel, sworn to October 6th and 7th, 1905, they move that a writ of certiorari for a diminution of the record issue to the clerk of the United States [District] Court for Southern District of New York directing him to certify to this Court at the expense of the appellants herein, the summons with which the said suit was begun; and the proceedings for the removal of said cause from the Supreme Court of the State of New York to the [District] Court of the United States for the Southern District of New York; the order of said [District] Court denying motion to remand said cause; the opinion of this Circuit Court of Appeals when this suit was formerly before the same; the opinion of the Honorable Hoyt H. Wheeler, United States District Judge, overruling the demurrer herein; and the opinion of the Honorable E. Henry Lacombe, United States Circuit Judge denying the motion to remand this cause to the State Court; and that a further order may be made and entered directing the said Goodyear Shoe Machinery Company of Portland, Maine, the defendant below, which claims to be the appellant in this court, to pay to said Clerk, the expense of certifying said papers, and also to print the same; and that an order may be further made and entered striking out from page 257 of said transcript the words "amended complaint at law” and from page 263 of said alleged transcript, the words answer at law" and from page 11 thereof the words, "affidavits and papers used to oppose motion for judgment at law"; and that your petitioners have such other and further relief in the premises, as may be just, with the costs of this application.

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J. PHILIP BERG,

Attorney & Solicitor, for plaintiffs-respondents, 302 Broadway, Manhattan, N. Y.

CERTIORARI FORM XVIII.-PETITION FOR WRIT OF CERTIORARI FOR DIMINUTION OF THE RECORD.

[144 Fed. 679.]

To the Honorable the Judges of the United States Circuit Court of Appeals for the Second Circuit:

The petition of Christian Dancel and Mary Dancel, as Administrators of Christian Dancel, deceased, respectfully show:

I. Heretofore and on or about February 28th, 1905, a decree in equity, was duly entered in the Clerk's Office of the [District] Court of the United States for the Southern District of New York, which said decree directed the payment by the Goodyear Shoe Machinery Company of Portland, Maine, to your petitioners of the sum of $28,028.11; and the further payment by said Company to your petitioners of the sum of $416.66% on the last day of each month subsequent to February 28th, 1905, until and including August 31st, 1908, with interest to the date of payment unless certain letters patent of the United States number 459,036 should hereafter cease to remain in force as a valid patent. Subsequently proceedings were taken by the said defendant which were claimed by said defendant to constitute an appeal to this Circuit Court of Appeals from said decree; and at some time subsequent to March 15th, 1905, what purports to be a transcript of the record below was filed in this Court; and said alleged transcript has been printed under the direction of said defendant for use in this Court upon said alleged appeal. Said alleged appeal has not yet been dismissed and has not yet been determined.

II. Said paper which purports to be a transcript of said record contains at certain portions of the same certain descriptions and characterizations of the papers therein contained, which have not to be found in the record in the Court below. At page 257 of said alleged transcript a certain paper is preceded by and characterized by the words "amended complaint at law;" at page 263 another paper in said alleged transcript is characterized by and preceded by the words "answer at law." The said words are included in said alleged transcript for the sole reason that the Clerk of the said Circuit Court, in making up the same used as a part thereof, the paper printed by the defendant and submitted to the Court below upon the final hearing. At page 11 of said alleged transcript certain papers are characterized by and preceded by the words “affidavits and papers used to oppose motion for judgment at law." Said words are not to be found in the record below.

III. Should an application hereafter be made to the Supreme Court of the United States by the defendant for the review of the final decision of this Court upon said alleged appeal there is danger lest it may be claimed by said defendant that these words were part of the said papers

and of the record in said Circuit Court inserted there by your petitioners or else that they were inserted there by the direction of the said Circuit Court and that they estop your petitioners from disputing that said papers were in fact not pleadings and proceedings at common law; which position your petitioners wish to be allowed to dispute.

IV. The said suit in which said decree was entered was begun in the Supreme Court of the State of New York. It was thence removed from said State Court to the said Circuit Court of the United States, and a motion to remand the said cause to said State Court was duly made by your petitioners in said Circuit Court and denied by said Circuit Court. The said alleged transcript omits the proceeding for the removal of said cause. The said transcript also omits proceedings upon said motion to remand. The said transcript also apparently omits and as your petitioners are informed and believe does omit the summons with which said suit was begun in said State Court. The alleged transcript upon said alleged appeal consequently does not show the manner in which jurisdiction of the cause below was acquired by the said Circuit Court; and as your petitioners were informed and believe said transcript is insufficient in said respect. The said alleged transcript also omits the opinion of this Circuit Court of Appeals when this cause was formerly brought before this Court; the opinion of the Honorable Hoyt H. Wheeler, District Judge of the United States overruling the demurrer heretofore filed herein and the opinion of Honorable E. Henry Lacombe, United States Circuit Judge, denying the motion to remand this cause to the said State Court.

Wherefore, your petitioners pray that a writ of certiorari for a diminu tion of the record issue to the Clerk of the Circuit Court of the United States, for the Southern District of New York, directing him to certify to this Court at the expense of the appellant herein the summons with which said suit was begun and the proceeding for the removal of said cause from the Supreme Court of the State of New York to the Supreme Court of the United States for the Southern District of New York; the order of said Circuit Court denying a motion to remand said cause; the opinion of this Circuit Court of Appeals when this suit was formerly before the same; the opinion of the Honorable Hoyt H. Wheeler, United States District Judge, overruling the demurrer herein; and the opinion of the Honorable E. Henry Lacombe, United States Circuit Judge, denying the motion to remand this cause to the State Court, and that a further order be made and entered, directing the said Goodyear Shoe Machinery Company of Portland, Maine, the defendant below which claims to be the appellant in this Court, to pay to said Clerk the expense of certifying said papers; and also to print the same; and that an order may be further made and entered striking out from page 257 of said transcript the words "amended complaint at law' from page 263 of said alleged transcript the words "answer at law;" and from page 11 thereof, the words "affidavits and papers used to oppose motion for judgment at law;" and that your

petitioner may have such other and further relief in the premises as may be just with the costs of this application.

J. PHILIP BERG,

CHRISTIAN DANCEL,

MARY DANCEL.

Attorney & Solicitor for Petitioners Pl'ffs,

302 Broadway, N. Y. City.

COUNTY OF NEW YORK, 88:

Christian Dancel, being duly sworn, says: That he is one of the peti tioners above named; that the foregoing petition is true to his own knowledge except as to the matters therein stated to be alleged on information and belief and as to those matters he believes it to be true.

CHRISTIAN DANCEL.

Sworn to before me this 7th day of October, 1905.

[L. S.]

COUNTY OF KINGS, 88:

WARD W. SMITH, Notary Public, N. Y. Co.

Mary Dancel, being duly sworn, says:-That she is one of the petitioners above named; that the foregoing petition is true to her own knowledge, except as to the matters therein stated to be alleged on information and belief and as to those matters she believes it to be true.

Sworn to before me this 6th day of October, 1905.

[L. S.]

MARY DANCEL.

H. D. WILSON, Notary Public, No. 14, Kings Co.

Certificate filed in New York County.

CERTIORARI FORM XIX.-ORDER UPON PETITION FOR WRIT OF CERTIORARI FOR DIMINUTION OF THE RECORD.

[144 Fed. 679.]

At a stated term of the United States Circuit Court of Appeals for the Second Circuit, held at the Court Rooms in the Post Office Building, City of New York, on the 16th day of October, 1905.

Present: Hon. William J. Wallace, Hon. E. Henry Lacombe, Hon. Alfred C. Coxe, Judges.

CHRISTIAN DANCEL and MARY C. DANCEL, as

Administrators of the Goods, Chattels and
Credits of Christian Dancel, Deceased,

Complainants-Appellees,

against

THE GOODYEAR SHOE MACHINERY COMPANY

OF PORTLAND, MAINE,

Defendant-Appellant.

A motion having been made by the complainants-Appellees for a writ of certiorari, directed to the Clerk of the [District] Court of the United

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