plaintiff in error. Mr. John F. Dillon and Mr. Wager Swayne for plaintiff in error. No one opposing.

EASTMAN V. ECKER. (Docket No. 139.) Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. October 25, 1886: Dismissed on motion of Mr. H. Howson for appellants.

NEW ORLEANS v. SHEPHERD. (Docket No. 7.) Error to the Circuit Court of the United States for the Eastern District of Louisiana. October 25, 1886: Dismissed pursuant to Rule 19. Mr. C. F. Buck for plaintiff in error. Mr. F. J. Semmes and Mr. C. W. Hornor for defendant in error.

LEVINE v. WILSON. (Docket No. 13.) Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. October 25, 1886: Dismissed with costs by appellant. Mr. J. R. Beckwith for appellant.

HALE v. EVERETT. (Docket No. 41.) Error to the Supreme Court of the State of Pennsylvania. November 1, 1886: Dismissed per stipulation. Mr. George W. Biddle and Mr. George Harding for plaintiff in error. Mr. E. C. Mitchell and Mr. W. P. Bowman

for defendant in error.

SCHINDELHOLZ v. NEW YORK AND COLORADO MINING AND MILLING COMPANY. (Docket No. 958.) Appeal from the Circuit Court of the United States for the District of Colorado. November 1, 1886: Dismissed, with costs, on motion of Mr. Leigh Robinson for appellant. No one opposing.

ARTHUR V. BARBOUR. (Docket No. 26.) Error to the Circuit Court of the United States for the Southern District of New York. November 3, 1886: Dismissed on motion of Mr. Assistant Attorney General Maury for plaintiff in error. Mr. M. W. Divine for defendants in error.

UPSHUR v. BRISCOE.

Court of Louisiana.

(Docket No. 1278.) Error to the Supreme November 8, 1886: Docketed and dismissed on motion of Mr. Assistant Attorney General Maury for defendant in error.

ST. LOUIS IRON MOUNTAIN AND SOUTHERN RAILWAY v. CROSNOE. (Docket No. 701.) Error to the Supreme Court of Missouri. November 8, 1886: Dismissed on motion of Mr. A. B. Browne for plaintiff in error. No one opposing.

(Docket No. 702.) ErNovember 8, 1886: Dis

MISSOURI PACIFIC RAILWAY v. SNODDY. ror to the Supreme Court of Missouri. missed on motion of Mr. A. B. Browne for plaintiff in error. No one opposing.

FOWLE v. HAY. (Docket No. 383.) Appeal from the Circuit Court of the United States for the Eastern District of Virginia. November 9, 1886: Dismissed on motion of Mr. H. O. Claughton for appellant. Mr. F. L. Smith for appellee.

GOODRICH V. SCHOEFFER. (Docket No. 232.) Appeal from the Circuit Court of the United States for the Western District of Missouri. November 11, 1886: Dismissed on motion of Mr. M. F. Morris for appellee, as per stipulation. Mr. C. O. Tichenor for appellant.

ELY V. MITCHELL. (Docket No. 44.) Error to the Circuit Court of the United States for the Southern District of New York. November 12, 1886: Dismissed under Rule 10. Mr. Moses Ely for plaintiff in error. Mr. John E. Parsons for defendant in error.

KLEIN v. SPALDING. (Docket No. 1169.) Error to the Circuit Court of the United States for the Northern District of Illinois. November 15, 1886: Dismissed without prejudice, as per stipulation. Mr. Percy L. Shuman for plaintiff in error. Mr. Attorney General for defendant in error.

NORTH BLOOMFIELD GRAVEL MINING COMPANY v. Woodruff. (Docket No. 1289.) Appeal from the Circuit Court of the United States for the Northern District of California. November 15, 1886 : Docketed and dismissed on motion of Mr. A. B. Browne for appellee.

ARTHUR v. BARBOUR. (Docket No. 26.) Motion to rescind the judgment of dismissal entered November 3, 1886, and to enter one of affirmance with costs and interests. Mr. M. W. Divine for the motion. Mr. Assistant Attorney General Maury opposing. November 23, 1886. MR. CHIEF JUSTICE WAITE: This motion is denied.

CELLULOID MANUFACTURING COMPANY v. S. C. NOYES & Co. (Docket No. 1299.) Appeal from the Circuit Court of the United States for the District of Massachusetts. November 24, 1886: Docketed and dismissed on motion of Mr. E. B. Smith for appellees.

CELLULOID MANUFACTURING COMPANY V. AMERICAN ZYLONITE COMPANY. (Docket No. 1300.) Appeal from the Circuit Court of the United States for the District of Massachusetts. November 24, 1886 Docketed and dismissed on motion of Mr. E. B. Smith for appellees.

EBBINGHAUS v. KILLIAN. (Docket No. 644.) Appeal from the Supreme Court of the District of Columbia. November 29, 1886: Dismissed as per stipulation. Mr. P. E. Dye for appellant. Mr. H. Wise Garnett for appellees.

STOCKWELL V. BOYCE.

(Docket No. 230.) Error to the Circuit Court of the United States for the Southern District of New York. December 2, 1886: Dismissed as per stipulation. Mr. M. H. Cardozo for plaintiff in error. Mr. Wm. G. Wilson for defendant in error.

NATIONAL LIFE INSURANCE COMPANY V. SCHEFFER. 70.) Error to the Supreme Court of Minnesota. 1886: Dismissed pursuant to Rule 10. Mr. Frederick Allis for

(Docket No.

December 2,

plaintiff in error.

LANIER V. NASH.

(Docket No. 200.) Appeal from the Circuit Court of the United States for the Northern District of Ohio. The opinion of the court, in announcing the final judgment in this case, is reported at 121 U. S. 404. The following interlocutory proceedings are not reported there.

Mr. David Stuart Hunshell, on behalf of the appellees, filed a motion to dismiss the appeal; and also filed a motion to restrain proceedings on an execution issued on a judgment recovered in the Court of Common Pleas of Logan County.

MR. CHIEF JUSTICE WAITE, on the 6th of December, 1886, said: The motion to dismiss is denied. We cannot dismiss a case for want of jurisdiction here because the court below ought to have dismissed it. That is a question which goes to the merits of the appeal. The further consideration of the motion for stay of execution is continued for notice to the other side to appear and show cause to the contrary on the third Monday of the present month. Service is to be made by delivering a copy of the motion and of the brief which has been filed in support of it and of this order on the counsel in the court below of William Goodrich, against whom the stay is asked, at least one week before the day fixed for the hearing.

On the 17th January, 1887, on the motion to restrain Goodrich from proceeding on his judgment, MR. CHIEF JUSTICE WAITE said: This motion is denied. The motion papers do not show any necessity for the order which is asked, as there is no proof of any attempt on the part of Goodrich, since the appeal, to cause his judgment to be carried into execution. In the absence of anything to the contrary it is to be presumed that the parties to a suit submit to a supersedeas obtained upon an appeal to this court. See post, 637.

ORMSBY V. WEBB. (Docket No. 1154.) Error to the Supreme Court of the District of Columbia. December 6, 1886: Motion to dismiss or affirm. Mr. Enoch Totten for the motion. Mr. Wm. Stone Abert and Mr. J. J. Johnston opposing. MR. CHIEF Justice WAITE: Each of these motions is denied.

Browne, and Mr. Walter H. Smith for the motion. Mr. Geo. H. Smith and Mr. Geo. F. Edmunds opposing. MR. CHIEF JUSTICE WAITE: This motion is continued for hearing with the case on its merits.

HUISKAMP v. MOLINE WAGON COMPANY. (Docket No. 194.) December 13, 1886: Motion to dismiss. Mr. C. M. Osborn for the motion. Mr. James Hageman opposing. MR. CHIEF JUSTICE WAITE: This motion is denied. (This case is reported in 121 U. S. 310.)

ALLEN V. TEXAS AND PACIFIC RAILWAY. (Docket No. 1310.) Error to the Circuit Court of the United States for the Eastern District of Louisiana. December 14, 1886: Docketed and dismissed on motion of Mr. J. H. Kennard for defendant in error.

BURKE v. WOOD. (Docket No. 99.) Error to the District Court of the United States for the District of West Virginia. December 16, 1886: Dismissed pursuant to Rule 10. Mr. G. D. Camden for plaintiff in error. No one opposing.

CREEGAN V. ANDREWS. (Docket No. 101.) Appeal from the Circuit Court of the United States for the Southern District of New York. December 16, 1886: Dismissed as per stipulation. Mr. Wm. A. Senger for appellant. Mr. J. C. Clayton for appellees.

TARVER V. FICKLIN. (Docket No. 456.) FICKLIN v. TARVER. (Docket No. 457.) Appeals from the Circuit Court of the United States for the Southern District of Georgia. December 17, 1886: Dismissed as per stipulation. Mr. Wm. Garrard and Mr. R. K. Hines for Tarver. Mr. H. J. Robertson for Ficklin.

PACIFIC RAILWAY IMPROVEMENT Co. v. VON HOFFMAN. (Docket No. 337.) Error to the Circuit Court of the United States for the Southern District of New York. December 17, 1886: Dismissed as per stipulation. Mr. John F. Dillon for plaintiff in error. Mr. Henry T. Wing for defendant in error.