[Reusens SCOTUS Case (1885)] Whee- ler, sitting as Circuit Judge, and a jury, and a ver- dict was rendered in favor of the defendant in error and against the plaintiff in error for the sum of $27,708.05, and on or about August 12th,1885, judg- ment was entered against the plaintiff in error for the sum of $28.062.86, and notice thereof was on that day duly served upon the attorney for the plaintiff in error. On or about the 22d day of August, 1885, a writ of error was allowed by the Honorable William J. Wallace, Circuit Judge, and a citation was issued thereupon to the defendant in error returnable on the second Monday of October, 1885. This action is now upon the docket of this Hon- orable Court by the number 980.) | Upon-allowing the writ of error, a bond, as secu- rity to the defendant in error, was approved by the Circuit Judge, a copy of which is annexed to the motion papers, marked ‘‘ Schedule B.”’ Said writ of error was allowed, and said bond was approved without any notice whitever to the defendant in error, or his attorneys or counsel. ‘the bound given. by the plaintiff in error at the time the writ of error was allowed is a bond with two sureties in the sum of only five thousand dol- lars.
POINTS.