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not voluntarily become parties, then the other party may suggest the death on the record; and thereupon, on motion, obtain an order, that unless such representatives shall become parties within the first ten days of the ensuing term, the party moring for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed; and if the party so moving shall be plaintiff in error, he shall be entitled to open the record, and on hearing, have the same reversed, if it be erroneous. Provided, however, that a copy of every such order shall be printed in some newspaper at the seat of government, in which the laws of the United States shall be printed by authority, three successive weeks, at least sixty days before the beginning of the term of the Supreme Court then next ensuing.
In all cases where a writ of error, or an appeal, shall be brought to this Court, from any judgment or decree rendered thirty days before the term to which such writ of error or appeal shall be returnable; it shall be the duty of the plaintiff in error, or appellant, as the case may be, to docket the cause, and file the record thereof with the clerk of this Court, within the first six days of the term; on fai
lure to do which, the defendant in error, or appellee, as the case may be, may docket the cause, and file a copy of the record with the clerk, and thereupon the cause shall stand for trial in like manner, as if the record had been duly filed within the first six days of the term ; or at his option, he may have the cause docketed and dismissed upon producing a certificate from the clerk of the Court wherein the judgment or decree was rendered, stating the cause, and certifying, that such writ of error or appeal had been duly sued out and allowed.
Bussard v. Levering, (BILLS OF EXCHANGE.]
128 146 152 453 475 514 528
The Collector, [INSTANCE COURT.]
194 235 284 475 577
The Corporation of Georgetown, (Goszler v.) [LOCAL
Dunn, (Anderson v.) [CONSTITUTIONAL Law.]
Farmers and Mechanics' Bank o. Smith, [CONSTITU
Green v. Watkins, [Practice.]
260 448 481 528 577