Louis Brandeis

“ The appellees now move to dismiss the appeals of the Secretary of the Treasury and the Treasurer of the United States on the ground that neither they nor the government have any pecuniary or other interest in the suit. They also move to dismiss the appeal of the administratrix on the ground that she did not formally enter her appearance in this court nor take any part in the proceedings here.
The merits of the former motion we have no occasion to consider, for the following reason: Section 4 of the act limited the compensation which the attorneys may collect or receive to 20 per cent. ”

“ The motions were overruled; and the court entered a decree directing payment of the money into court, ordering that plaintiff recover from the administratrix an amount equal to 50 per cent. of the collection from the government, and directing that this sum be paid out of the funds to be so paid into court. From the decree for plaintiffs entered by the Supreme Court of the District of Columbia, all the defendants appealed to the Court of Appeals for the District of Columbia; and when the latter affirmed the decree of the lower court, all the defendants joined in the appeal to this court. ”

“ Chief Justice Marshall 'stated the practice of the court to be that, where there is no appearance for the plaintiff in error, the defendant may have the plaintiff called, and dismiss the writ of error, or may open the record, and pray for an affirmance.' This practice is still in force under rules 9 and 16 of this court (32 Sup. Ct. vii, ix) . Todd v. Daniel, 16 Pet. 521, 10 L. Ed. 1054; Hurley v. Jones, 97 U.S. 318, 24 L. Ed. 1008; The S. S. Osborne, 105 U.S. 447, 450, 451, 26 L. Ed. 1065. It is applicable to one of several joint appellants who fails to perfect his appeal. ”