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county of

aforesaid, before you, between M. N., plaintiff, and

D. F., defendant, in an action of [here state briefly the nature of the action], manifest error hath intervened to the great damage of the said D. F., as by his complaint we are informed;

And being willing that the error, if any there be, should in due manner be corrected and full and speedy justice be done to the parties aforesaid:

,

We do command you, that if judgment be thereupon given, then you send to the judges of the supreme court of the state of distinctly and openly, under your seal, with all convenient dispatch, a transcript of the record and proceedings of the suit aforesaid, with all things concerning the same, and this writ, so that they may have and return the same at the next term of our said supreme court, to be held at in the state aforesaid, on the day of 19 that the record and proceedings aforesaid, being inspected, we may cause to be further done, for correcting such error, what of right and according to law and the rules of our said court ought to be done.

,

,

Witness the Hon. R. S., Chief Justice of the supreme court of the

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FORM No. 1243-Bond for costs and damages on writ of error in civil action.

Know all men by these presents, that we, L. M., principal, and A. B. and C. D., sureties, all of state of

,

,

in the county of

,

and in

are held and firmly bound to E. F., of the sum of $250 (or other amount), lawful money of the United States, to be paid to the said E. F., his heirs, executors, administrators, or assigns, for which payment well and truly to be made we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents.

Sealed with our seals, and dated this

day of

19

,

,

Whereas, the above-bounden L. M. has sued a writ of error out of the supreme court of the state of directed to the judge of the circuit court for County, commanding that a transcript of the record in a certain action of [naming it), between E. F. and L. M., in said circuit court, wherein judgment was rendered against said L. M. on the day of , 19 , be sent to said supreme court: Now, the condition hereof is such that if the said L. M. shall well

and truly pay all costs and damages which may be awarded against him on said writ of error, then this obligation shall be void; otherwise, to be and remain in force.

L. M. [Seal.]

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Sealed and delivered in presence of [two witnesses].

[Justification of sureties.]

[Venue.]

A. B. and C. D., being first duly sworn, each for himself says. That he is one of the subscribers to the foregoing bond; that he is a resident and householder [or freeholder] of the state of

and

,

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FORM No. 1244-Supersedeas bond on writ of error in civil action.

[Proceed as in last preceding form to the condition, making the penalty double the amount of the judgment (or other statutory amount), and continue:]

Now, the condition hereof is such that if the said L. M. shall prosecute his action to effect, and well and truly pay all costs and damages which may be awarded against him therein, and, in case the judgment of the court below is affirmed, will pay the amount thereof, with costs, then this obligation [etc.].

[Conclude as in last preceding form, and add justification of sureties.]

FORM No. 1245-Order staying proceedings.

The state of

be notified]:

to [name appellee and all others who are to

Whereas, L. M. has appealed from the judgment [or order] of the

day of

court of

,

,

County, state of

,

rendered on the 19 in an action then pending wherein E. F. was plaintiff and L. M. was defendant; and whereas, the said L. M. has filed in my office this day a supersedeas bond in said cause with sureties approved by me:

Now, therefore, you are hereby commanded and required to stay

any and all proceedings in said cause under such judgment [or order], or so much thereof as is superseded thereby, from and after the date hereof and until said appeal is finally disposed of and determined.

Witness T. M., clerk of said court, with the seal thereof hereto

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§ 505. PROCEEDINGS FOR WRIT OF ERROR TO THE SUPREME COURT OF THE UNITED STATES.

FORM No. 1246-Petition for writ of error.

In the Supreme Court in the state of

[Title of cause.]

Comes now the above-named the

,

,

,

,

, appellant, and says: That on

day of 19 a judgment in this cause was entered by this court against , appellant, and thereafter a petition for rehearing was filed, presented, considered, and on the day of 19 denied by this court, whereupon said judgment became final; that said was and is aggrieved in that, in said judgment and the proceedings had prior thereto in this case, certain errors were committed to his prejudice; that this is an action brought under the statutes of the United States relating to [here designate the particular statute]; and that by this action there was drawn in question the construction of certain of said statutes, and the decision of this court is against said title and right claimed by the said appellant, and, as he believes, contrary to the statutes of the United States, relating to [here designate the statutes], and the right of

, appellant, thereunder, all of which will more fully appear in detail from the assignment of errors filed herein. Wherefore, said prays that a writ of error may issue to the supreme court of the state of for the correcting of the errors complained of, and that a duly authenticated transcript of the record, proceedings, and papers herein may be sent to the United States supreme court.

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FORM No. 1247-Assignment of error on petition for writ.

In the Supreme Court of the United States.

[Title of cause.]

Comes now the plaintiff in error in the above-entitled cause and avers and shows that in the record and proceedings in said cause the supreme court of the state of erred, to the grievous injury and wrong of the plaintiff herein, and to the prejudice, and against the rights, of the plaintiff in error in the following particulars, to wit: [Here insert assignments of error.]

,

Wherefore, for these and other manifest errors appearing in the record, the said plaintiff in error, prays that the judgment of the said supreme court of the state of be reversed and set aside and held for naught, and that judgment be rendered for plaintiff in error, granting him his rights under the statutes and laws of the United States; and plaintiff in error also prays judgment for his costs.

A. B., Attorney for

[Address to defendant in error.]

FORM No. 1248-Allowance of writ of error.

, plaintiff in error.

In the Supreme Court of the state of

[Title of cause.]

,

19

A. B., the appellant above named, on this day of having filed and presented to this court his petition praying for the allowance of a writ of error intended to be urged by him, and praying further that a duly authenticated transfer of the records, proceedings, and papers upon which the judgment herein was rendered may be sent to the supreme court of the United States, and that such other and further proceedings may be had in the premises as may be just and proper; and upon consideration of the said petition, this court, desiring to give petitioner an opportunity to test in the supreme court of the United States the questions therein presented, it is ordered by this court that a writ of error be and the same is allowed, as prayed; provided, however, that said appellant, give a bond according to law in the sum of $2,000, which said bond shall operate as a supersedeas bond.

In testimony whereof, witness my hand, this

day of

19

,

W. H. B., Chief Justice of the Supreme Court

,

of the state of

FORM No. 1249-Bond on a writ of error.

In the Supreme Court of the United States.

,

[Title of cause.] Know all men by these presents, that I, of the county of , state of as principal, and we, and of the state of as sureties, are held and firmly bound unto the above-named in the sum of $2,000, to be paid

county of

,

,

,

,

to him, and for the payment of which well and truly to be made we bind ourselves, and each of us, our, and each of our, heirs, executors, and administrators, jointly and severally, firmly by these presents.

Sealed with our seals, and dated the day of

,

19

Whereas, the above-named , plaintiff in error, seeks to prosecute a writ of error in the supreme court of the United States to reverse the judgment rendered in the above-entitled action in the supreme court of

,

:

Now, therefore, the condition of this obligation is such that if the above-named plaintiff in error, shall prosecute his writ of error to effect, and accept all costs and damages that may be adjudged if he shall fail to make good his plea, then this obligation to be void; otherwise, to remain in full force and virtue.

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FORM No. 1250-Oath of sureties to the foregoing bond.

State of

County of

and

,

ss.

,

whose names are subscribed as sureties to the above bond, being severally and duly sworn, each for himself says: That he is a resident and freeholder of the state of and is worth more than the sum in said bond specified as the penalty thereof over and above all his just debts and liabilities in property not by law exempt from execution in this state. as the particular statute of the state where executed may provide.] [Signatures of sureties.]

[Or otherwise wording

[Jurat.]

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