March 7, 1887, rescinded and annulled, and cause restored to its place on the docket for a reargument before a full bench.

URBANA V. SANFORD. (Docket No. 677.) Error to the Circuit Court of the United States for the Southern District of Illinois. March 7, 1887: Dismissed, with costs, on motion of Mr. J. H. Rowell on behalf of Mr. J. O. Cunningham for plaintiff in error.

BISSELL V. PLUMB. (Docket No. 782.) Appeal from the Circuit Court of the United States for the Western District of Michigan. March 7, 1887: Dismissed, with costs, pursuant to stipulation on file. Mr. John W. Stone for appellant. Mr. Edward Taggart for appellee.

SPENCER v. MERCHANT. (Docket No. 1304.) (Docket No. 1304.) March 7, 1887: Ordered by the court that the submission of this cause be set aside and the cause restored to its place on the docket.

WRIGHT V. DUBOIS. (Docket No. 1352.) Appeal from the Circuit Court of the United States for the District of Colorado. March 7, 1887: Docketed and dismissed, with costs, on motion of Mr. G. G. Symes for appellee.

BOUGHTON V. CHARTER OAK LIFE INSURANCE COMPANY. (Docket No. 1353). Appeal from the Supreme Court of the District of Columbia. March 7, 1887: Docketed and dismissed, with costs, on motion of Mr. S. R. Bond for appellees.

LANIER V. NASH. (Docket No. 200.) Appeal from the Circuit Court of the United States for the Northern District of Ohio. March 14, 1887: Motion of John and Ellen Nash for a stay of execution on a judgment against them in favor of William Goodrich, pending this appeal. (See 121 U. S. 404, and ante, 630.) Mr. D. S. Hounshell and Mr. Wm. Lawrence for the motion. No one opposing. MR. CHIEF JUSTICE WAITE: This motion is denied. The judgment in favor of Goodrich is involved in this appeal only to the extent that it is a lien on the property covered by the mortgage which is the subject matter of the suit. The executions

which are complained of were issued after the appeal and levied on other property. There is no such merger of the judgment nor supersedeas in this case as will operate to stay a proceeding against other property not involved herein.

GILSON v. DAYTON. (Docket No. 1308.) Error to the Circuit Court of the United States for the Northern District of Illinois. March 14, 1887: On motion to dismiss or affirm. Mr. G. S. Eldredge for the motion. Mr. G. A. Sanders opposing. MR. CHIEF JUSTICE WAITE: These motions are denied. The bond is sufficient, and the questions involved in the merits are not such as ought to be disposed of on a motion to affirm.

CISSEL V. DUTCH. (Docket No. 437.) Appeal from the Supreme Court of the District of Columbia. March 14, 1887: On motion to dismiss. Mr. J. Parker Jourdan for the motion. Mr. T. A. Lambert opposing. MR. CHIEF JUSTICE WAITE: This motion is denied. The affidavits show by a fair preponderance of evidence that the value of the property in dispute exceeded two thousand five hundred dollars at the time of the decree and the appeal.

LAKE SHORE AND MICHIGAN SOUTHERN RAILROAD v. SCHOFIELD. (Docket No. 1290.) March 14, 1887: On motion to dismiss or affirm. Mr. J. E. Ingersoll for the motion. Motion to dismiss postponed to hearing on merits.

VICKSBURG, SHREVEPORT AND PACIFIC RAILROAD V. SMITH. (Docket No. 1309.) Error to the Circuit Court of the United States for the Western District of Louisiana. March 14, 1887: On motion to dismiss. Mr. A. J. Falls and Mr. S. F. Phillips for the motion. Mr. E. M. Johnson opposing. MR. CHIEF JUSTICE WAITE: This motion is continued for hearing with the case on its merits. The record has not been printed, and the motion papers do not present the questions involved in a way to enable us to act understandingly without reference to the transcript on file.

DODGE V. THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. On motion for leave to file a petition for a writ of prohibition. Mr.

0. D. Barrett for the motion. March 14, 1887: MR. CHIEF JUSTICE WAITE: This motion is denied. The petition which is presented does not on its face show facts sufficient, to entitle the petitioner to the writ he seeks.

BELDEN MINING COMPANY v. HARVEY. (Docket No. 209.) Error to the Circuit Court of the United States for the District of Colorado. March 15, 1887: Dismissed on motion of Mr. Chapin Brown, pursuant to stipulation on file. Mr. Chapin Brown for plaintiff in error. Mr. C. S. Thomas and Mr. T. M. Patterson for defendant in error.

JOLIET v. FOSTER. (Docket No. 1114.) Appeal from the Circuit Court of the United States for the Northern District of Illinois. March 21, 1887: Affirmed by a divided court. Mr. Thomas Dent and Mr. Melville W. Fuller for appellant. Mr. James L. High for appellees.

DAVIES V. CORBIN. (Docket No. 237.) Error to the Circuit Court of the United States for the Eastern District of Arkansas. March 21, 1887: Dismissed on motion of Mr. Attorney General for plaintiff in error. Mr. W. Hallett Phillips, Mr. B. C. Browne, Mr. E. W. Kimball, and Mr. C. P. Redmond for defendants in error.

GAINES v. CORBIN. (Docket No. 496.) Error to the Circuit Court of the United States for the Eastern District of Arkansas. March 21, 1887: Dismissed on motion of Mr. Attorney General for plaintiffs in error. Mr. W. Hallett Phillips and Mr. C. P. Redmond for defendants in error.

ROBERTSON V. MATHESON. (Docket No. 401.) Error to the Circuit Court of the United States for the Southern District of New York. March 21, 1887: Dismissed on motion of Mr. Attorney General for plaintiff in error. Mr. Edward Hartley and Mr. W. H. Coleman for defendants in error.

MOSES v. WOOSTER. (Docket No. 151.) Appeal from the Circuit Court of the United States for the Southern District of New York. March 21, 1887; Dismissed on call pursuant to stipulation on file. Mr. H. P. Allen for appellants. Mr. Frederic H. Betts for appellee.

AMERICAN IRON COMPANY V. ANGLO-AMERICAN ROOFING COMPANY. (Docket No. 162.) Appeal from the Circuit Court of the United States for the Southern District of New York. March 24, 1887: Dismissed pursuant to the 10th Rule. Mr. L. W. Frost for appellant. Mr. E. C. Webb for appellee.

CENTRAL CONSTRUCTION COMPANY v. PAUL. (Docket No. 164.) Error to the Circuit Court of the United States for the Northern District of Illinois. March 24, 1887: Dismissed pursuant to the 10th Rule. Mr. Henry G. Miller for plaintiff in error. Mr. W. W. Upton for defendant in error.

WHITE v. BENEDICT AND BURNHAM MANUFACTURING COMPANY. (Docket No. 166.) Appeal from the Circuit Court of the United States for the Eastern District of Pennsylvania. March 25, 1887: Dismissed pursuant to the 10th Rule. Mr. M. D. Connolly for appellant. Mr. John K. Beach for appellee.

KIBBIE v. JENNINGS (Docket No. 152.) and DOLAN v. JENNINGS (Docket No. 153). Appeals from the Circuit Court of the United States for the Southern District of New York. Mr. John R. Bennett for appellants. Mr. Arthur v. Briesen for appellees. March 28, 1887. MR. CHIEF JUSTICE WAITE: The decree in each of these cases is affirmed. No further opinion will be delivered.

DISTRICT OF COLUMBIA V. O'HARE. (Docket No. 158.) Appeal from the Court of Claims. Mr. Attorney General and Mr. F. P. Dewees for appellant. Mr. William A. Cook and Mr. C. C. Cole for appellee. March 28, 1887. MR. CHIEF JUSTICE WAITE: This judgment is affirmed. No further opinion will be delivered.

BAXTER MOUNTAIN GOLD MINING COMPANY V. PATTERSON. (Docket No. 1363.) Error to the Supreme Court of the Territory of New Mexico. March 28, 1887: Docketed and dismissed, with costs, on motion of Mr. Henry Wise Garnett for defendants in error. May 2, 1887 On motion to reinstate. Mr. J. H. Hoffecker, Jr., for the motion. No one opposing. MR. CHIEF JUSTICE WAITE: This motion is granted on payment of the costs of the motion to docket and dismiss, and of this motion.

BRUNET v. CLEMENT.

(Docket No. 171.) Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. March 30, 1887: Dismissed pursuant to the 10th Rule. Mr. J. P. Hornor and Mr. Charles Louque for appellant.

BUSH v. UNITED STATES. (Docket No. 1221.) Error to the Circuit Court of the United States for the District of Massachusetts. April 4, 1887: Authority of the plaintiff in error to dismiss this cause having been filed, it is, on motion of Mr. Assistant Attorney General Maury, dismissed. Mr. W. A. Munroe for plaintiff in

error.

CONTINENTAL INSURANCE COMPANY v. JOHNSON. (Docket No. 979.) Error to the Circuit Court of the United States for the Eastern District of Louisiana. April 4, 1887: Dismissed pursuant to stipulation on file, on motion of Mr. Charles W. Hornor. Mr. O. B. Sansum for plaintiff in error. Mr. W. I. Benedict and Mr. Charles W. Hornor for defendant in error.

POAGE v. MCGOWAN. (Docket No. 185.) Appeal from the Circuit Court of the United States for the Southern District of Ohio. April 4, 1887: Dismissed pursuant to the 10th Rule. Mr. L. M. Hosea for appellant. Mr. Arthur Stern for appellees.

MANNY V. OYLER.

Court of the United

(Docket No. 190.)

(Docket No. 190.) Appeal from the Circuit States for the Eastern District of Missouri.

April 6, 1887: Dismissed pursuant to stipulation on file. Mr. H. M. Pollard for appellant, and Mr. L. L. Bond for appellee.

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