Cases not Otherwise Reported.

the want of jurisdiction, and cause remanded to the Supreme Court of the State of Montana. Mr. Hiram Knowles for plaintiff in error. Mr. Walter H. Smith for defendant in error.

No. 109. THORNTON v. WOOSTER. Appeal from the Circuit Court of the United States for the Southern District of New York. November 14, 1889: Dismissed per stipulation of counsel. Mr. J. C. Fraley and Mr. B. F. Lee for appellant. Mr. Frederic H. Betts for appellee.

No. 687. TOWN OF ELMWOOD v. Dows. Error to the Circuit Court of the United States for the Northern District of Illinois. January 7, 1890: Dismissed, per stipulation, on motion of Mr. Lyman Trumbull for plaintiff in error. Mr. Lyman Trumbull and Mr. H. B. Hopkins for plaintiff in error. T. S. McClelland for defendant in error.

Mr.

No. 1571. TRAGER V. JENKINS. Error to the Circuit Court of the United States for the Southern District of Mississippi. April 28, 1890: Dismissed for the want of jurisdiction. Mr. Charles J. Boatner, Mr. Van H. Manning, and Mr. Duane E. Fox for plaintiffs in error. Mr. W. Hallett Phillips for

defendant in error.

Appeal from the Circuit Court
Southern District of Illinois.

No. 243. TRUM v. TURNEY. of the United States for the April 2, 1890: Decree reversed, with costs; and cause remanded with directions to remand the cause to the state court. Mr. John M. Palmer, Mr. Joseph Wilby and Mr. E. W. Kittredge for appellant. Mr. H. Tompkins and Mr. R. P. Hanna for appellees.

No. 203. TUBULAR RIVET COMPANY v. COPELAND. Appeal from the Circuit Court of the United States for the District of Massachusetts. January 30, 1890: Dismissed, with costs, pursuant to the 10th rule. Mr. Chauncey Smith for appellant. Mr. G. M. Plympton for appellee.

Cases not Otherwise Reported.

No. 1499. TURNER v. SAWYER. Appeal from the Circuit Court of the United States for the District of Colorado. November 1, 1889: Docketed and dismissed, with costs, on motion of Mr. Fillmore Beall for appellee. January 27, 1890: Order of November 1, 1889, set aside and leave granted to redocket cause upon payment of costs.

No. 94. UNITED STATES v. AGAR. Appeal from the Court of Claims. November 8, 1889; Dismissed per stipulation. Mr. Attorney General and Mr. H. J. May for appellant. Mr. S. T. Thomas for appellee.

No. 1169. UNITED STATES v. IVES. Appeal from the Court of Claims. May 19, 1890: Dismissed per stipulation, on motion of Mr. George A. King for the appellee. Mr. Solicitor General for appellant. Mr. George A. King for appellee.

Error to the

No. 258. UNITED STATES v. KINGSBURY. Circuit Court of the United States for the Western District of Texas. March 17, 1890: Dismissed on motion of Mr. Solicitor General for plaintiff in error. Mr. Attorney General for plaintiff in error. Mr. A. J. Falls for defendants in error.

No. 386. UNITED STATES v. SAMUEL. Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. March 17, 1890: Dismissed, on motion of Mr. Solicitor General for plaintiff in error. Mr. Attorney General for plaintiff in error. Mr. John Samuel for defendant in error.

No. 1573. UNITED STATES v. TUTHILL. Error to the District Court of the United States for the Northern District of motion of Mr. At

Illinois. April 21, 1890: Dismissed, on torney General for plaintiff in error. defendant in error.

No appearance for

Cases not Otherwise Reported.

No. 1528. VINAL V. CONTINENTAL CONSTRUCTION AND IMPROVEMENT COMPANY. Error to the Circuit Court of the United States for the Northern District of New York. December 23, 1889: Docketed and dismissed, with costs, on motion of Mr. William A. McKenney for defendant in error.

No. 156. VIRGINIA MIDLAND RAILWAY COMPANY v. WILKINS. Appeal from the Circuit Court of the United States for the Eastern District of Virginia. October 17, 1889: Dismissed, with costs, on motion of Mr. Linden Kent of counsel for appellant. Mr. John N. Staples and Mr. Linden Kent for appellant. No appearance for appellee.

No. 650. WARREN v. HENDERSON. Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. January 22, 1890: Dismissed, with costs, on motion of Mr. R. H. Battle for appellants. No appearance for appellee.

No. 21. WASHINGTON AND GEORGETOWN RAILROAD COMPANY v. DISTRICT OF COLUMBIA. Error to the Supreme Court of the District of Columbia. December 2, 1889: Judgment reversed, with costs, per stipulation, and on the authority of the decision of this court in the case of The Metropolitan Railroad Company v. The District of Columbia, No. 5 of October term, 1889, 132 U. S. 1; and cause remanded with directions to enter judgment for the defendant on the demurrer to the pleas of the statute of limitations. Mr. Walter D. Davidge and Mr. Enoch Totten for plaintiff in error. Mr. Henry E. Davis and Mr. A. G. Riddle for defendant in error.

No. 613. WESSELS V. STEAMSHIP ALENE, HER ENGINES, ETC. Appeal from the Circuit Court of the United States for the Eastern District of New York. October 9, 1889: Dismissed pursuant to the 28th rule. Mr. James K. Hill, Mr. Henry T

Cases not Otherwise Reported.

Wing and Mr. Harrington Putnam for appellant. Mr. Everett P. Wheeler for appellee.

No. 208. WHEELOCK V. SHIRK. Appeal from the Circuit Court of the United States for the Northern District of Illinois. July 29, 1889: Dismissed, with costs, pursuant to the 28th rule. Mr. Charles M. Osborn for appellants. Mr. John S. Miller for appellees.

No. 210. WILSON V. GRUNWELL. Appeal from the Supreme Court of the District of Columbia. January 20, 1890: Dismissed, per stipulation, on motion of Mr. W. Willoughby for appellant. Mr. A. L. Merriman for appellee.

No. 265. WINE V. MULLIN. Appeal from the Circuit Court of the United States for the District of Colorado. March 10, 1890: Dismissed, per stipulation, on motion of Mr. Nathaniel Wilson, for appellant. Mr. L. S. Dixon for appellee.

No. 53. WORTS v. CITY OF WATERTOWN. Error to the Circuit Court of the United States for the Western District of Wisconsin. October 29, 1889: Dismissed, with costs, per stipulation. Mr. James G. Jenkins and Mr. F. C. Winkler for plaintiff in error. Mr. Daniel Hall for defendant in

error.

INDEX.

APPEAL.

1. At a special term of the Supreme Court of the District of Columbia a
judgment was rendered in favor of the plaintiff against a sole defend-
ant. The defendant appealed to the general term and gave sureties.
The general term affirmed the judgment below, and entered judgment
against the defendant and against the sureties. The defendant sued
out a writ of error to this judgment without joining the sureties. The
defendant in error moved to dismiss the writ for the non-joinder of
the sureties, and the writ was accordingly dismissed. The counsel for
the plaintiff in error then moved to rescind the judgment of dismissal,
and to restore the case to the docket. Briefs being filed on both sides;
Held, that the motion should be granted, and the case should be re-
stored to the docket. Inland and Seaboard Coasting Co. v. Tolson, 572.
2. A postmaster and the sureties on his official bond being sued jointly for

a breach of the bond, he and a part of the sureties appeared and de-
fended; the suit was abated as to one of the sureties who had died;
and the other sureties made default, and judgment of default was
entered against them. On the trial a verdict was returned for the
plaintiff, whereupon judgment was entered against the principal and
all the sureties for the amount of the verdict. The sureties who had
appeared sued out a writ of error to this judgment without joining the
principal or the sureties who had made default. The plaintiff in error
moved to amend the writ of error by adding the omitted parties as
plaintiffs in error, or for a severance of those parties; Held, that the
motion must be denied. Mason v. United States, 581.

See PARTY, 2.

ASSIGNMENTS FOR BENEFIT OF CREDITORS.
See JURISDICTION, A, 5;
LOCAL LAW, 4, 5, 6, 7, 8.

BEQUEST.

See CORPORATION, 2.

BOUNDARIES OF STATES.

See CONSTITUTIONAL LAW, A, 11, 12;

KENTUCKY.