to file an answer, plea or demurrer to said bill in equity on or before the next rule day of this Court, which is at least twenty days after the filing of said bill in equity and that in default of the filing by said defendant of a demurrer, plea or answer within said time, said bill in equity to be taken as confessed by said defendant; upon conditions, however, the plaintiffs pay the defendant or its attorney the costs heretofore taxed herein, namely, the sum of one hundred twenty-four and 7/100 ($124.07) dollars to be paid by the plaintiffs (or in the event of a refusal to accept), deposited with the Clerk of this Court to the credit of defendant within twenty days after the filing of such bill in equity.

E. H. LACOMBE,
U. S. Circuit Judge.

COMMON LAW FORM XXIV.-NOTICE OF MOTION TO TRANSFER PART OF CASE TO EQUITY SIDE OF THE COURT.

[247 U. S. 231. In which the author was counsel.]

United States District Court for the Southern District of New York. ANNIE S. SIMONS,

Please take notice that upon the annexed affidavit of Eustace Seligman, verified the 20th day of July, 1917, and upon the complaint and answer herein, the undersigned will apply to this Court at a Special Term for motions thereof to be held in the Post Office Building in the City of New York on the 26th day of July, 1917, at 10.00 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard, for an order remanding the first cause of action alleged herein to the equity side of the Court, and for such other and further relief as may be just together with the costs of this motion.

Dated, July 20, 1917.

To ROGER FOSTER, Esq., Attorney for Plaintiff, 55 Liberty Street,

New York, N. Y.

SULLIVAN & CROMWELL,
Attorneys for Defendant,

William Nelson Cromwell, Exec.,

49 Wall Street,
New York, N. Y.

EDGAR T. BRACKETT,
Attorney for Defendant,
Louis H. Cramer, Exec.,
Saratoga Springs,
New York.

COMMON LAW FORM XXV.-AFFIDAVIT IN SUPPORT OF

SUCH NOTICE.

[247 U. S. 231.]

United States District Court for the Southern District of New York.

Eustace Seligman, being duly sworn, deposes and says that he is associated with Sullivan & Cromwell, attorneys for William Nelson Cromwell, executor, one of the defendants herein.

That this action was commenced against the defendant William Nelson Cromwell on June 15, 1917, and that the said defendant served his answer herein on July 5, 1917.

That this action has been placed by Plaintiff upon the docket on the law side of the Court, its number being L 17-20, and that a notice that this action will be brought to trial at a term held for trials of common law causes on the 2nd day of October, 1917, has been served by plaintiff here. in on July 10th, 1917.

That the first cause of action alleged in the complaint herein is one upon an alleged contract with the decedent, Frank Leslie, to make a bequest to the plaintiff. That such first cause of action stated in such complaint does not constitute a cause of action at law, but if any constitutes a cause of action in equity.

Wherefore, deponent respectfully requests that the motion to remand the first cause of action alleged in the complaint herein to the equity side of this Court be granted.

Sworn to before me this 20th

EUSTACE SELIGMAN.

day of July, 1917.

JOHN J. TIERNEY,

Notary Public,

Kings Co., N. Y., No. 2, Reg. No. 8001.

Certificates Filed,

New York Co., N. Y., No. 12, Reg. No. 8019,

Bronx Co., N. Y., No. 2, Reg. No. 811.

COMMON LAW FORM XXVI.-ORDER SENDING PART OF CAUSE TO EQUITY SIDE OF COURT.

[Set aside upon application for Mandamus, 247 U. S. 231.]

At a Stated Term of the United States District Court for the Southern

District of New York held in and for the Southern District of New York at the Post Office Building, New York City, on the 25th day of October, 1917.

Present-Honorable CHARLES M. HOUGH, Circuit Judge.

Upon reading and filing the notice of motion to transfer the first cause of action set forth in the complaint herein to the equity side of this Court and the affidavit thereto annexed, verified by Eustace Seligman the 20th day of July, 1917, and after hearing Clarke M. Rosecrantz, Esq., and Hiram C. Todd, Esq., of counsel for the defendants for the motion and Roger Foster, Esq., attorney for the plaintiff in opposition thereto, and the same having been duly considered by the Court.

Now, on motion of Sullivan & Cromwell, attorneys for William Nelson Cromwell as executor of the Last Will and Testament of Frank Leslie, deceased, and Edgar T. Brackett Esq., attorney for Louis H. Cramer as executor of the Last Will and Testament of Frank Leslie, deceased, it is Ordered that the said motion be and the same hereby is granted and the first cause of action set forth in the complaint herein be and the same hereby is transferred to the equity side of this Court; and further

Ordered that the said first cause of action be and the same is hereby stricken out of the complaint in this action at law (but only for the purpose of transfer as aforesaid) and that plaintiff have (and she is hereby given) twenty days after the service of this order wherein to make such amendment to the complaint herein (after the said striking out and transfer aforesaid) as she may be advised; and further

Ordered that the Clerk of this Court do forthwith and as of the date of this order docket as an equity cause the said first cause of action set forth in the said complaint, and the plaintiff is hereby given twenty days from the service of this order wherein to amend or replead on the equity side of this court, and defendants are hereby given twenty days from the expiration of said twenty days hereinabove given to plaintiff for the filing and service of an amended bill in equity (as the case may be) wherein to

answer without prejudice to any motion that said defendants may be advised to make under and pursuant to the rules of the Supreme Court of the United States in equity; and further.

Ordered that the trial of this action at law be and the same hereby is stayed until (at the earliest) the term of December, 1917, without prejudice to any application that plaintiff may be advised to make for a stay of proceedings or further deferment of trial, when and if said plaintiff takes an appeal or sues out a writ of error or otherwise lawfully seeks to review this order or any part thereof.

C. M. HOUGH,

C. J.

COMMON LAW FORM XXVII.-NOTICE OF MOTION TRANSFER-
RING CAUSE OF ACTION FROM EQUITY TO COMMON
LAW DOCKET.

United States District Court, Southern District of New York.

PLEASE TAKE NOTICE, that upon the pleadings herein, we shall move this Court at a Stated Term thereof to be held in the Post Office Building in the Borough of Manhattan, City and County of New York, on Friday, the 20th day of January, 1922, for an order dismissing the above entitled suit upon the ground that the bill of complaint states no cause of action, and for want of equity, or, in the alternative, for an order transferring said cause to the common law calendar of this Court for trial by jury upon the ground that the defendant is entitled by the Constitution and Statutes of the United States to the trial by a jury of the issues therein joined, and for such other and further relief in the premises as may be just.

Dated, New York, January 10th, 1922.

COMMON LAW FORM XXVIII.-NOTICE OF TRIAL.

[144 Fed. 679.]

United States [District] Court, Southern District of New York.
CHRISTIAN DANCEL and MARY DANCEL, as

Administrators of the Goods, Chattels and
Credits of Christian Dancel, Deceased,

against

GOODYEAR SHOE MACHINERY COMPANY OF
PORTLAND, MAINE.

Served January 29, 1901.

Take notice that the issues of law in the above entitled cause will be brought on for argument and trial and a motion made to dismiss the complaint therein at the October, 1900, Term of the Circuit Court of the United States of America, for the Southern District of New York, in the Second Circuit, appointed to be held at the United States Court Rooms in the United States Court and Post Office Building in the Borough of Manhattan in the City of New York, in said Southern District of New York, at the next session thereof at which the trial and argument of issues of law in actions of law may be had, at the opening of Court on the first day of said session or as soon thereafter as counsel can be heard. Dated New York, January 29th, 1901.

EDWARDS H. CHILDS,

Attorney for Defendant, 59 Wall Street, Manhattan Borough, New York City, New York.

To J. Philip Berg, Esq., Attorney for Plaintiffs.

COMMON LAW FORM XXIX.-ORDER FOR DEDIMUS POTESTATEM. At a stated term of the United States [District] Court held at the United States Court Building in the city of New York, for the Southern District of New York, on the 13th day of April, 1874. Present: the Honorable Samuel Blatchford, the District Judge.

On reading and filing affidavit of plaintiff's attorney and notice of motion, with proof of due service thereof on attorneys for the defendant, Alphonse de Reisthal, who only has appeared herein, George Bliss, Esq., appearing for the plaintiff, and W. J. A. Fuller, Esq., for the defendant, Alphonse de Reisthal.

It is, on motion of George Bliss, Esq., United States Attorney, ordered that a dedimus potestatem be issued in this cause out of this court, directed to the United States Consul, and to such deputy or representative