Samuel Freeman Miller

“ The mere circumstance that for a few months that officer, acting under the construction of the act of 1867, which we have just shown to be erroneous, had advertised only in the newspapers selected by the clerk of the House of Representatives, did not constitute a rule of the court. ”

“ We are quite satisfied that Congress had no such intent in passing the act of 1867.
The effort to support the course of the marshal, by showing that he acted under a rule of the court, is hardly worth consideration. ”

“ The act of Congress of May 26th, 1824, declares that 'the mode of proceedings in civil cases in the courts of the United States that now are, or hereafter may be, established in the State of Louisiana, shall be conformable to the laws directing the mode of practice in the District Courts of said State,' and, though there is a provision authorizing the judges of those courts to make alterations necessary to conform the practice to the organization of the Federal courts, this authority is quite limited. ”