And a complete index of all the papers and proceedings should be made in their chronological order and attached to the record at the beginning of it. Names of witnesses should be written at top of each page of their testimony. In order to have uniformity, records should be commenced with the style and the term of the court at which the judgment or decree is entered, after the following form: At a District Court of the United States for the District of on begun and held at the court-house in the city of the first Monday of ——, being the day of the same month, in the year of our Lord one thousand, nine hundred and Present: The Honorable trict of District Judge, for the Among other were the following proceedings, to-wit: Dis (Copy same with all material endorsements, and any accompanying papers and exhibits, and so on with every paper or proceeding in the case.) As to the general order of making up a record, the following examples are given: FORM OF MEMORANDUM TO BE INSERTED IN A COMMON LAW CASE AS PROVIDED BY SECTION 7 OF RULE 14. Conditioned for costs and damages (or for costs). (6) Citation. Dated day of 19—. 19. (or waiver of service, Note: Similar memorandum mutatis mutandis to be used in admiralty and equity cases. The petition for writ of error or appeal, the order granting writ of error or appeal, the writ of error, the appeal bond, the citation, the return of service or waiver of service should not be copied into the record, but the originals thereof shall be sent up and accompany the transcript of the record. In transcribing bills of exceptions into the record in cases at law, clerks will carefully inspect such bills of exceptions and wherever the words "here insert" occur, the paper or matter called for should be bodily incorporated into the record at that place. In making up records in admiralty cases the following should be omitted (see rule 52 of the Supreme Court, in admiralty): 1. The continuances. 2. All motions, rules, and orders not excepted to which are merely preparatory for trial. 3. The commissions to take depositions, notices therefor, their captions, and certificates of their being sworn to, unless some exception to a deposition in the district court was founded on some one or more of these; in which case, so much of either of them as may be involved in the exception shall be set out. In all other cases it shall be sufficient to give the name of the witness and to copy the interrogatories and answers, and to state the name of the commissioner, and the place where and the date when the deposition was sworn to; and, in copying all depositions taken on interrogatories, the answer shall be inserted immediately following the question. FORM FOR THE COVER OF A TRANSCRIPT OF THE RECORD: Transcript of the Record. UNITED STATES CIRCUIT COURT OF APPEALS, Fourth Circuit. No. Plaintiff in Error, or Appellant, or Petitioner, versus Defendant in Error, or Appellee, or Respondent. In error to (or appeal from or on petition for review from) the District Court of the United States for the at District of DOCKETING CASES AND PRINTING RECORDS. Upon a record being filed, the case is docketed and is put upon the calendar for argument at the next term, or adjourned term, occurring thereafter, provided the record has been printed and copies thereof are delivered to opposing counsel twenty days before the said term or adjourned term, as provided in section 2, rule 17. Clerk or counsel transmitting a record to this court must accompany the same with an order of appearance for the appellant or plaintiff in error, and also with a deposit of $25 for account of his costs to accrue in this court, and the names and addresses of the attorneys on both sides. The clerk of this court will immediately upon a transcript of the record being filed under rule 23, send to the counsel an estimate of the cost of printing, supervising fees, etc., which amount must be deposited, either in cash or by New York exchange, with the clerk within ten days after notice. See rule 23. It is important that records should be made up and forwarded to this office as promptly as possible after the appeal or writ of error is allowed, and not held until the near approach of the next term. Defendants in error, appellees, or respondents are required, at the time of entering their appearance by attorney, to make a deposit of $25.00, for account of costs to be incurred by them in this court. Deposits for costs are required on both sides of a case, and the surplus of such deposits, if any, will be refunded to each side making the deposits when the case is decided and at the time the mandate is transmitted to the lower court. The winning party collects the costs incurred by and adjudged to him, together with his attorney's docket fee, in the lower court upon the mandate and not from this office. The mandate will show the amount the winning party is entitled to so collect. JUDGES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS AND THE DISTRICT COURTS FIRST CIRCUIT Hon. OLIVER WENDELL HOLMES, Circuit Justice.. Hon. WILLIAM L. PUTNAM, Circuit Judge.... Hon. CLARENCE HALE, District Judge, Maine.. Hon. JAS. M. MORTON, Jr., District Judge, Massachusetts.. SECOND CIRCUIT .Washington, D. C. . Portland, Me. Boston, Mass. ...Littleton, N. H. .Providence, R. I. .Washington, D. C. .....New York, N. Y. ..New York, N. Y. .New Haven, Conn. .New Haven, Conn. Brooklyn, N. Y. .Brooklyn, N. Y. ....Norwich, N. Y. .....New York, N. Y. Hon. THOMAS I. CHATFIELD, District Judge, E. D. New York.. THIRD CIRCUIT Hon. MAHLON PITNEY, Circuit Justice.. Hon. VICTOR B. WOOLLEY, Circuit Judge... Hon. EDWARD G. BRADFORD, District Judge, Delaware. Hon. JOHN RELLSTAB, District Judge, New Jersey. ..New York, N. Y. .New York, N. Y. ..New York, N. Y. .Buffalo, N. Y. ..St. Johnsbury, Vt. .Washington, D. C. .Pittsburg, Pa. .Philadelphia, Pa. ..Wilmington, Del. .Wilmington, Del. .Trenton, N. J. ..Jersey City, N. J. Hon. THOS. G. HAIGHT, District Judge, New Jersey... Hon. W. H. SEWARD THOMSON, District Judge, W. D. Pennsylvania... .Sunbury, Pa. Pittsburg, Pa. ..Pittsburg, Pa. Hon. HENRY G. CONNOR, District Judge, E. D. North Carolina.. Hon. JAMES E. BOYD, District Judge, W. D. North Carolina.. Washington, D. C. .Marion, S. C. .........Baltimore, Md. Wilson, N. C. ...Greensboro, N. C. Hon. HENRY A. MIDDLETON SMITH, District Judge, E. D. S. C..... Charleston, S. C. Hon. JOSEPH T. JOHNSON, District Judge, W. D. S. C. Greenville, S. C. Hon. EDMUND WADDILL, Jr., District Judge, E. D. Virginia.. .Richmond, Va. Hon. HENRY CLAY MCDOWELL, District Judge, W. D. Virginia........ ..Lynchburg, Va. Hon. ALSTON G. DAYTON, District Judge, N. D. West Virginia.. .Philippi, W. Va. Hon. BENJAMIN F. KELLER, District Judge, S. D. West Virginia.... Charleston, W. Va. FIFTH CIRCUIT Hon. LOUIS D. BRANDEIS, Circuit Justice2. Hon. HENRY D. CLAYTON, District Judge, N. and M. D. Alabama.... Hon. WM. I. GRUBB, District Judge, N. D. Alabama.. Hon. HARRY T. TOULMIN, District Judge, S. D. Alabama.. Hon. WM. B. SHEPPARD, District Judge, N. D. Florida.. Washington, D. C. .Waco, Tex. ...Mobile, Ala. ....Pensacola, Fla. .Jacksonville, Fla. Hon. WILLIAM T. NEWMAN, District Judge, N. D. Georgia. Hon. EDWARD R. MEEK, District Judge, N. D. Texas... Hon. WALLER T. BURNS, District Judge, S. D. Texas. SIXTH CIRCUIT Hon. WILLIAM R. DAY, Circuit Justice..... Hon. JOHN W. WARRINGTON, Circuit Judge... Hon. ARTHUR C. DENISON, Circuit Judge.. Hon. ANDREW M. J. COCHRAN, District Judge, E. D. Kentucky. .....Atlanta, Ga. .......Macon, Ga. .Savannah, Ga. .New Orleans, La. ..Shreveport, La. .Kosciusko, Miss. ..Sherman, Tex. ....Dallas, Tex. .Houston, Tex. ..Austin, Tex. Washington, D. C. ..Maysville, Ky. .Detroit, Mich. Hon. CLARENCE W. SESSIONS, District Judge, W. D. Michigan....Grand Rapids, Mich. ..Toledo, Ohio. Cleveland, Ohio. ..Columbus, Ohio. ....Cincinnati, Ohio. Hon. HOWARD C. HOLLISTER, District Judge, S. D. Ohio.. SEVENTH CIRCUIT Hon. JAMES CLARK MCREYNOLDS, Circuit Justice Hon. FRANCIS E. BAKER, Circuit Judge... ..Memphis, Tenn. Appointed June 1, 1916. |