FIRM NAME OF S. B. DOWNES & COMPANY, PLAINTIFFS IN ERROR, vs. GEORGE R. BIDWELL. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. FILED DECEMBER 11, 1900. SUPREME COURT OF THE UNITED STATES. October Term, 1900. No. 507. SAMUEL B. DOWNES, DOING BUSINESS UNDER THE FIRM NAME OF S. B. DOWNES & COMPANY, PLAINTIFFS IN ERROR, VS. GEORGE R. BIDWELL. IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. Circuit Court of the United States for the Southern District of N. Y. SAMUEL B. DOWNES, Doing Business under the Firm Name of S. B. Downes & Company, Plaintiff, against GEORGE R. BIDWELL, Defendant. At Law. Petition for Writ of Error. Now comes Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, plaintiff herein, and says: That on or about the 30th day of November, 1900, this court entered a judgment herein in favor of the defendant and against the plaintiff; in which judgment and proceedings prior thereunto in this case certain errors were committed to the prejudice of this plaintiff; all of which will more in detail appear from the assignment of errors which is filed with this petition. Wherefore this plaintiff prays that a writ of error may issue in this behalf to the Supreme Court of the United States for the correction of the errors so complained of, and that a transcript of the record, proceedings, and papers in this cause, duly authenticated, may be send to the said Supreme Court of the United States. Dated December 5, 1900. COUDERT BROTHERS, Attorneys for Plaintiff, No. 71 Broadway, UNITED STATES OF AMERICA, 88: The President of the United States of America to the judges of the circuit court of the United States for the southern district of New York, Greeting: Because in the record and proceedings, as also in the rendition of the judgment of a plea which is in the said circuit court, before you H. Doc. 509-46 721 or some of you, between Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, plaintiff, against George R. Bidwell, defendant, a manifest error hath happened, to the great damage of the said Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, as is said and appears by his complaint, we, being willing that such error, if any hath been, should be duly corrected and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then, under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the United States, together with this writ, so that you may have the same at Washington on the 28th day of December next, in the said Supreme Court to be then and there held, that, the record and proceedings aforesaid being inspected, the said Supreme Court may cause further to be done therein to correct that error what of right and according to the laws and customs of the United States ought to be done. Witness the Honorable Melville W. Fuller, Chief Justice of the United States, this 5 day of December, in the year of our Lord one thousand nine hundred, and of the Independence of the United States the 125th. I, John A. Shields, clerk of the circuit court of the United States of America for the southern district of New York, in the second cir cuit, by virtue of the foregoing writ of error and in obedience thereto, do hereby certify that the following pages, numbered from five to 19, inclusive, contain a true and complete transcript of the record and proceedings had in said court in the cause of Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, plaintiff in error, against George R. Bidwell, defendant in error, as the same remain of record and on file in said office. In testimony whereof I have caused the seal of the said court to be hereunto affixed, at the city of New York, in the southern district of New York, in the second circuit, this 7th day of December, in the year of our Lord one thousand nine hundred, and of the Independence of the United States the one hundred and twenty-fifth. [Seal of U.S. Circuit Court, South. Dist. New York.] JOHN A. SHIELDS, Clerk. [Ten-cent U. S. internal-revenue stamp, canceled Dec. 7, 1900.] [Endorsed:] E. & A. B. 1829. United States circuit court. Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, plaintiff, against George R. Bidwell, defendant. Copy. Petition & writ of error. Coudert Brothers, att'ys for plaintiff, 71 Broadway, New York. Due service of within citation is hereby admitted. New York, Dec. U. S. attorney, attorney for def't. P. A copy of the within paper has been this day 1900. Dec. 7, 1900. Henry L. Burnett, U. S. attor- received at this office. ney. U. S. circuit court. 1.55 chg. United States Circuit Court, Southern District of New York. You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorneys within twenty days after the service of this summons, exclusive of the day of service; and in case of your failure to appear, or answer, judgment will be taken against you by default, for the relief demanded in the complaint. Witness the Honorable Melville W. Fuller, Chief Justice of the United States, at the Borough of Manhattan in the city of New York, this 23d day of November, in the year one thousand nine hundred. [L. S.] J. A. SHIELDS, Clerk. COUDERT BROTHERS, Plaintiff's Attorneys; Office and Post-office Address, 71 Broadway, Borough of Manhattan, New York City. I hereby certify, that on the 23d day of November, 1900, at the city of New York, in my district, I served the within summons and complaint upon the within-named defendant, George R. Bidwell, by exhibiting to Webster Elmes, acting deputy collector as per admission of service endorsed hereon the within originals and at the same time leaving with him a copy of each thereof. WM. HENKEL, United States Marshal, Southern District of New York. Dated Nov. 23d, 1900. J. B. B. I hereby acknowledge service of this summons and complaint this 23d day of November, 1900, for George R. Bidwell, collector, &c. WEBSTER ELMES, Act. Dpt. Colr. Endorsed: U. S. circuit court. Filed Nov. 23, 1900. John A. Shields, clerk. Circuit Court of the United States for the Southern District of New SAMUEL B. DOWNES, Doing Business under the Firm Name of vs. GEORGE R. BIDWELL, Defendant. Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, in the city of New York, the above-named plaintiff, through Coudert Brothers, his attorneys, complains of George R. Bidwell, the defendant above named, and thereupon the plaintiff states: First. That at all the times hereinafter mentioned said defendant |