Page:United States Statutes at Large Volume 18 Part 1.djvu/185

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

r1‘ITLE x1u.—THE JUDICIARY.—Ch. 7. 113 Sec. 630. The circuit_ courts shall have jurisdiction in matters in In b¤¤l¤‘¤Pi·¢y- bankruptcy, to be €X€1‘(‘1S€d within the limits and in the manner pro- "`g?,;,,,, 186-, Q_ vided by law. 176 ss 2i 8 v ,14 7f 1 ‘ 1 pp. 518, 520. 22 June, 1874, c. 401, s. 2, on 18, p. 195.—Coit r. Robinson, 19 \Vall., 274; Bank r. Cooper, 201\’all., 171; Stickney r. Wilt, 23 Wall., 150; Payson r. Dietz, 2 Dill.,504; Bachman v. Packard, 2 Saw., 264; Flanders 1-. Libby, 6 Bias., 16; In re Milton, 6 Bin., 30. Sec. 631: From all final decrees of a district court in causes of equity APP€¤l¤i¤¤dmior of adm1ra.lty_and maritime jurisdiction, except prize causes, where muy "““"*· the matter in dispute exceeds the sum or value of fifty dollars, exclu- 24 S,,,,, 1789 c_ sive of costs. an appeal shall be allowed to the circuit court next to be 20, s. 21, 1-3 1, p. 33. held 111 such district. and such circuit court is required to receive, hear, 3 MM'-. 1803. ¢- and determ1ne such appeal. 40E;tf,?riiie2ii4)e£44. . , C. 170, s. 13, v. 13. p. 310. 1 June, 1872, c. 255, s. 2, v. 17, p. 196. 16 Feb., 1875, c. 77, r. 18, pj 315.—Mordecai r. Lindsay, 19 How., 199; Montgomer c. Anderson, 21 How., 386; '. S. r. Woonson, 1 Gallis., 4; McLellan •·. I'. S., 1 Galiis., 226; Hollen and Cargo, 1 Mas., 431. U. S. 1-. Thirty-seven Barrels Rum, 1 Woods, 19. Spc. 632. In case of an appeal, as provided by the preceding section, Copies of proofs copies of the proofs, and of such entries and papers on file as may be *;,2*} ‘{“*"°“ ‘Ti'*g‘ necessary on hearing of the appeal, may be certified up to the appe late ,,0;,,.,0 amw 8 ° court. ——; 26 Feb., 1853, c. 80, s. l,v.10, p.163. Sec. 633. Final judgments of a district court in civil actions, where _ Writ of error to the matter in dispute exceeds the sum or value of fiftv dollars, exclusive J“Sl¥‘“€“*·° Of <l*S· f bc,_ · d d,,, d m_ _ tr1ctcourts. 0 costs, may 10 exannne an ici eise Ol a 1me in atucuit count, +*94 Sept "89 ' -. '. .'. , »° .. » ··· ‘ -1 rcholden in the same district. upon a Wllt of euoi. 20,S_2.z’v_,'p& Patterson r. U. S., 2 Wh., 221; Smith r. Allyn, 1 Paine, 453; Postmaster-General r. Cross, 4 Wash. C. C., 326. Sec. 634. The circuit court in and for the three districts of Alabama Circuit court in shall exercise appellate and revisory jurisdiction of the decrees and s23H?;; nj; *}},5*** judgments of the district courts for the `said districts, under the laws j,,,,,,, ‘ °` con erring and regulating the jurisdiction. powers, and practice of cir- ·y——»——;— cuit courts in cases removed into such courts by appeal or writ of erro1·. Q2? slvjajzhiig 22 June, 1874, c. 401, ar. 5, v. 18, p. 195. Sec. 635. No judgment, decree, or order of a district court shall be 1Vrits of error reviewed by a circuit court, on writ of error or appeal, unless the writ g:g“!;aP$"lS“"‘h'“ of error is sued out, or the appeal IS taken, within one vear after the ._X.;__ entry of such judgment, decree, or orde1·: I’»wvz<Ic1I. That where a __1 Jurje, 1872, c. party entitled to prosecute a writ of error or to take an appeal is an ”· ·· "· W- l'- infant, or non compos mentis. or imprisoned. such writ of error may be prosecuted, or such appeal may be taken, within one year after the d $°*l¥)“`¤*‘k"· {Ti entqy of the judgment. decree. or order. exclusive of the term of such B,';,';,, 222 ’ disc ility. me s was-1 _ _ Sec. 636. A circuit court may affirm, modify, or reverse an · judgment ·l“*l8m¢¤F°"l¢· - · - ’ cree on review decree, or order of a district court brought before it for review. or may %_,,;__ direct such judgment, decree, or order to be rendered, or such further 9 1 Jjme, 1872, c. proceedings to be had by the district court, as the justice of the case may -55·”·2·"·*7·P·l9*’· re uire. _ _ gmc. 637. When any cause, civil or criminal, of whatever nature, is J|“’l$d|CU?¤ of removed into a circuit court. as provided by law, fron_1_a district court j:)S:f(,,;t';;ff(;L'j°g wherein the same is cognizable. on account of the disability of the judge 0,, m.,,,,,,,,, Ojdiw of such district court, or by reason of his being concerned in interest bility, &c. therein, or havin been of counsel foreither party. or being so related to 2 Mu ,809 c or connected with either party to such cause as to render it improper, in 2y_ ,,_ I, ,,'_'2_ ,,_ 534; hiso inion for him to sit on the trial thereof, such circuit court shallhave 3 Mar., 1821, c. P · _ . . . . . the came cogmzance of such cause, and in like manner, as the said d1s· 511 V- 3, p- 643- trict court mi ht have or as said circuit [court] might have if the same 27 F"'·· 1877· ‘· . g · ‘ . · co, r-. 19, p. 241. had been ori mally and lawfully commenced therein; and shall proceed to hear and edterniine the same accordingly. we ss asv, 001.1 Sec. 638. The circuit courts, as courts of equity, shall be deemed al· Courts always wa vf · h f filin an leadin of i.···uin and ret rnin °P°“ '°' *'**“* jsopen 01t epurposeo g' yp (F, es u g u mesne and final process, and of making and irecting a mterlocutory im. umm