to require. If the defendant in error or appellee shall have caused unnecessary parts of the record to be printed, such order as to costs may be made as the court shall think proper."1

The following rule regulates printing the record in the Circuit Courts of Appeal: "The counsel for the plaintiff in error or appellant shall print and file with the clerk of the court, at least six days before the case is called for argument, twenty copies of the record, unless a different order as to such printing is made by the court, either of its own motion, or upon application made at least ten days before the case is called for argument; and shall furnish three copies of the printed record to the adverse party at least six days before the argument. The parties may stipulate in writing that parts only of the record shall be printed, and the case may be heard on the parts so printed, but the court may direct the printing of other parts of the record. If the record shall not have been printed when the case is reached in the regular call of the docket, the case may be dismissed. In case of reversal, affirmance, or dismissal, with costs, the amount paid for printing the record shall be taxed against the party against whom costs are given."2

Under special circumstances the expense of printing the record on appeal or in the court below may be paid from funds in the hands of a receiver;' and the record for the court below may be thus printed in such a manner as to be used in the appellate court should an appeal be subsequently taken by either party.

All briefs and records for the use of the court must be printed in such form and size that they can be conveniently cut and bound so as to make an ordinary octavo volume."

§ 514. Argument of appeals and writs of error.- All cases in the Supreme Court may, by consent of counsel, be submitted on printed arguments, within the first ninety days of the term, without regard to the number of the case on the docket, and

§ 513. 1S. C. Rule 10; De Groot v. U. S., 5 Wall. 419. Costs were enforced in Ball & Locket Fastener Co. v. Kraetzer, 150 U. S. 11.

2 C. C. A. Rule 23. By subsequent amendments in the First Circuit twenty-five copies were required; in the Second Circuit, fifteen; in the

Fourth Circuit, forty; in the Fifth, Sixth and Seventh Circuits, twentyfive. See infra, Appendix.

3 Ferguson v. Dent, 46 Fed. R. 88. 4 Dent v. Ferguson, 131 U. S. 397; Ferguson v. Dent, 46 Fed. R. 88; supra, § 331.

5 S. C. Rule 31; C. C. A. Rule 26.

appeals from the Court of Claims may be thus submitted within thirty days after they are docketed, but not in the midst of any term after the first of April. In each case of such submission twenty-five copies of the arguments, signed by attor neys or counselors of the Supreme Court, must first be filed." Where parties stipulate to submit a case without any mention of the time of submission, or any reference to the rule just cited, the court will not compel a submission before the case is called for argument in its regular place on the calendar. No case can be submitted or taken up for argument within three days before the day fixed for an adjournment. Such a stipulation cannot be withdrawn except by leave of the court for cause shown. Ten cases only, including the one under argument, are called each day in the Supreme Court; but on the coming in of the court the entire number of such ten cases are called with a view to the disposition of such of them as are not to be argued."

5

§ 514. 1S. C. Rule 20, as amended the causes, which it was claimed 123 U. S. 759. had been amicably arranged under

2S. C. Rule 20, as amended 123 the employment of new counsel for U. S. 759.

3 Glen v. Fant, 124 U. S. 123. 4S. C. Rule 27.

5 Muller v. Dows, 94 U. S. 277. Where, after such a stipulation had been made, at the time appointed for the submission no argument was filed by the plaintiff in error, the court treated the cause as submit ted, and affirmed the judgment without passing specially upon the assignments of error returned with the record; but subsequently rescinded the order of affirmance on condition that the plaintiff should pay the costs of the term and print the record within sixty days. Aurrecoechea v. Bangs, 110 U. S. 217. Where a number of causes were pending against different defendants who relied upon a common ground of defense, united in the employment of counsel, and contributed to a common fund for the expense of litigation; the Supreme Court refused to accept the submission of one of

the defense, when the original counsel employed for the general defense, who still retained the subsequent case, objected to such a submission. Smelting Co. v. Kemp, 103 U. S. 666. Where a cause which had been submitted on briefs involved a constitutional question upon which there was a difference of opinion in the Supreme Court, the submission was set aside, the cause restored to the calendar, and an oral argument ordered. Louisiana v. New Orleans, 103 U. S. 521. Where a cause was submitted under a stipulation, but the brief did not comply with that provision of Rule 21 which provides that "when a statute of a State is cited, it shall be printed at length," the submission was set aside, and the cause restored to its place on the docket. School District v. Insurance Co., 101 U. S. 472.

6 S. C. Rule 26. For the practice in the Circuit Courts of Appeals, see their rules in the Appendix, infra.

Cases brought to the Supreme Court "by writ of error or appeal, under the Act of February 25, 1889, chapter 236, or under section 5 of the Act of March 3, 1891, chapter 517, will be advanced on motion, and heard under the rules prescribed by Rule 6, in regard to motions to dismiss writs of error and appeals." Writs of error to revise the judgments of State courts in criminal cases take precedence on the calendar, unless the Supreme Court otherwise directs. Writs of error to judgments of conviction of capital crimes in the courts of the United States must be advanced to a speedy hearing on motion of either party. Other criminal cases may be advanced by leave of the court on motion of either party.10 Where a State is a party, or the execution of the revenue laws of a State is enjoined or stayed, such State or the party claiming under the revenue laws of a State, the execution whereof is stayed, is entitled on showing sufficient reason to have the cause heard at any time after it is docketed, in preference to any civil causes pending in the court between private parties." Such a case will not be advanced at the motion of the party opposing the State, or seeking to enjoin the execution of its revenue laws.12 Cases once adjudicated by the Supreme Court upon the merits, and again brought up by writ of error or appeal, may be advanced by leave of the court on motion of either party.13 Appeals from decisions of the Circuit Courts reviewing decisions of the Board of General Appraisers have a priority. Revenue cases and other cases in which the United States are concerned, which also involve or affect some matter of general public interest, may, by leave of the court, be advanced on motion of the Attorney-General. The court may advance any other cause under special and peculiar circumstances.16 Two or more cases involving the same question may be argued together by leave of the court; 17 provided, at least, that both parties con

7 S. C. Rule 32, as amended November 28, 1892, 146 U. S. 707.

8 U. S. R. S., § 710.

925 St. at L., ch. 113, § 6, p. 656. 10 S. C. Rule 26.

11 U. S. R. S., § 949. See supra, § 296. 12 Central R. Co. V.

County, 116 U. S. 538.

13 S. C. Rule 26.

14 26 St. at L. 138, § 15.

Bourbon

15 S. C. Rule 26. 16 S. C. Rule 26. But see Poindexter v. Greenhow, 109 U. S. 63. An appeal from part of an order will rarely, if ever, be heard before the rest of the appeal taken. U. S. v. Lee Yen Tai (C. C. A.), 108 Fed. R. 950.

17 S. C. Rule 26.

sent thereto.18 Permission may be given to a counsel to submit a brief in a case involving a question that is in the case in which he is retained. All motions to advance causes must be printed, and contain a brief statement of the matter involved, with the reasons for the application.19 The calendar practice of the Circuit Courts of Appeals differs in the different circuits.20 Special rules provide for a summary disposition of petitions for the revision of orders in bankruptcy.21

24

The Supreme Court has the following calendar practice: No stipulation to pass a cause without placing it at the foot of the docket will be recognized as binding upon the court." A cause can only be so passed upon application made and leave granted in open court.23 If either party is ready when a case is called for argument, it is heard. Otherwise, the case goes to the foot of the docket, unless some good and satisfactory reason to the contrary is shown to the court.25 A case thus sent to the foot of the docket, if not again reached during the term, is continued to the next term.26 When a case is called for argument at two successive terms, and upon the call at the second term neither party is prepared to argue it, the case will be dismissed at the costs of the plaintiff unless sufficient cause for a postponement is shown.27 After a case has been passed without going to the foot of the docket, on the written request of both parties the clerk will place it on the calendar ten cases after the case under argument, or next to be called at the end of the day the request is filed.28 If the parties do not join in such a request, either may move to take up the cause, and it will then be assigned to such place on the docket as the court directs." The Supreme Court may postpone the argument of an important constitutional question when the bench is not full.30

In the Supreme Court the counsel for the plaintiff in error or appellant must file with the clerk, at least six days before the case is called for argument, twenty-five copies of a printed

brief, one of which must, on application, be furnished to each of the counsel on the opposite side. This brief must contain, in the order here stated:-"(1) A concise abstract or statement of the case, presenting succinctly the questions involved and the manner in which they are raised. (2) A specification of the errors relied upon, which, in cases brought up by writ of error, must set out separately and particularly each error asserted and intended to be urged; and in cases brought up by appeal the specification must state, as particularly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the admission or rejection of evidence, the specification must quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the specification must set out the part referred to in totidem verbis, whether it be instructions given or instructions refused. When the error alleged is to a ruling upon the report of a master, the specification must state the exception to the report and the action of the court upon it. (3) A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to pages of the record, and the authorities relied upon in support of each point. When a statute of a State is cited, so much thereof as may be deemed necessary to the decision of the case must be printed at length." The counsel for a defendant in error or an appellee must file with the clerk twenty-five printed copies of his argument at least three days before the case is called for hearing. His brief must be of a like character with that required of the plaintiff in error or appellant, except that no specification of errors is required, and no statement of the case, unless that presented by the plaintiff in error or appellant is controverted. The same practice prevails in this respect in the Circuit Courts of Appeals, except that the time of filing briefs and the number of copies varies in the different circuits.34 Where a brief contains scandalous matter irrelevant to the questions raised by the writ of error or appeal, and the case has been dismissed, the brief may be stricken from the file. Where there is no assignment of errors, as required by the

32

31 S. C. Rule 21.

32 S. C. Rule 21.

33 S. C. Rule 21.

34 See Appendix, infra.

35 Green v. Elbert, 137 U. S. 615.

35