The counsel for appellees having undertaken to appear for the
heirs and representatives of the original appellee, deceased, and
having filed in the office of the Clerk of this Court a waiver of
publication, and having failed to appear, and the cause having been
heard and having proceeded to final hearing, (
128 U. S. 128 U.S.
464),
held that the decree be made absolute against the
heirs and representatives of the deceased appellees.
The previous proceedings in this case are reported in
127 U. S. 127 U.S.
774 and
128 U. S. 128 U.S.
464. On the 22d January, 1889, the following motion was made in the
cause:
Page 131 U. S. 404
"The appellant, by his counsel, moves the Court to enter the
decree in this cause, reversing the decree below, on the ground
that the waiver of publication is equivalent to the publication,
and that the undertaking of counsel to appear is an appearance or
will justify the clerk in entering the appearance, and in this
case, an order will follow for publication to show cause whey the
appellant should not have the decree certified, or otherwise why
execution should not issue. It is submitted, however, that if this
latter is the proper court, the
sci.fa. should issue from
the court below after remand."
"If this be held by the court inadmissible, he then moves in the
alternative that an order be entered for publication in such form
as the Court may order, and submits the following for the
consideration of the Court as a proper order:"
"
U. S. Supreme Court, Oct. Term, 1888"
"Hunt"
"
v. No. 16"
"Blackburn,
et al."
"This case having been heard on the undertaking of counsel for
appellees to appear for the heirs and representatives of the
original appellee and upon waiver of publication by the said
counsel, filed in this Court, and the said counsel having failed to
appear, though requested by appellant's counsel, it is, on motion
of appellant's counsel, ordered that publication be made in the
Eastern District of Arkansas, weekly, in some newspaper published
in said district for four successive weeks, the first publication
not to be later than the first day of February next, requiring
Belle Buck, as administratrix of S. S. Buck, appellee, and in her
own right, Willie Buck and Eddie Blackburn, children and heirs at
law of Sallie S. Buck, appellee, and all other heirs or
representatives of said Sallie S. Buck, to appear before this Court
on or before the first Monday in April, 1889, and show cause, if
any they have, why a decree shall not be entered in this cause
reversing the decree in the court below and remanding the said
cause with directions to enter such decree as this Court may order.
"
Page 131 U. S. 405
PER CURIAM. It is ordered that
The decree of this Court of November 26, 1888, be made
absolute against the heirs and representatives of Sallie S.
Blackburn, deceased.
