Nathan Clifford

“ Appeals are subject to the same rules, regulations, and restrictions as are prescribed in law in case of writs of error, and it is well-settled law that it is no sufficient cause to dismiss a writ of error that the record does not present any question of law for the revision of this court, as the writ of error when sued out under the twenty-second section of the Judiciary Act brings up the whole record, and it is the right of the plaintiff in error to be heard and have an opportunity to show, if he can, that there is error in any part of the record. ”

“ Motions to dismiss are non-enumerated motions, and they may be filed by leave of court in any case on the calendar before the case is reached in the regular call of the docket, and they are entitled to preference on Friday in each week during the sitting of the court, as provided in the twenty-seventh rule, but they do not give either party any right to be heard upon the merits of the controversy. ”

“ He has to pay counsel and be out of his money. Such appeals, on the contrary, are disastrous to business men.
The reference required 'the same proof of payment, and propriety of payment of bills to be made, as if made before the court.'
It is not necessary to take an exception to the report of the commissioner. [3]
The appeal to the Circuit Court does point out an error, 'in saying that the decree of the District Court is erroneous, inasmuch as the libellants were not entitled to the damages claimed in the premises.' The error will appear from an examination of the record. ”