Page:Federal Reporter, 1st Series, Volume 3.djvu/520

CAMBBELIi V. UMES. 613 �"While sittîng as circuit judge his [the district judge's] authcirity was co-extensive with that of any other judge sit- ting in the same court." Sawyer, J., 8 Sawy. 134, 140. The circuit court is the circuit court, and no law requires that the record should show wha holds it, and our records, for a great many years, did not show it. A writ issued by that court is not issued by the district judge. Power is given by this same Bection 719 to the circuit judge to issue the writ, but it is much i;ûore doubtful whether he can issue it as judge, aoting at a distance from the elerk's office, when the circuit court is sitting, than it is whether the circuit court held by the dis- trict judge can do so. Eule 56 gives the power to a judge Oûly in vacation, and the power of the supreme court to limit and qualify the statute in that respect I do not doubt. It, in fact, puts ail the judges under similar restrictions to those which the statute imposes on the district judge. I have, therefore, no power to issue the writ here, and there is no necessity for my going to New Hampshire, The plaintiffs may apply to the circuit court, presently, to be held by Judge Clark, at Portsmouth, for the order to show cause. �Petition denied. ���Campeell ». James and others. (Ovreuit Court, 3. B. Nei» York. , 1880.) �L POSTMASTER — " OpPICEB OF THK REVENUE" — RbV. 8t. S 989. — A �postmaster is not an "offlcer of the revenue" within the meanîng of section 989 of the Revised Statutes. �Motion to grant a Certificate under section 989 of the Eevised Statutes. �Stewart L. Woodford, District Attomey, and Samuel B. Clarke, Assistant District Attomey, for the motion. �Marcus P. Norton, opposed. �Blatchfobd, C. J. This is a suit in equity for theinfringe- ment of a patent. A final decree has been entered in it �v.3,no.9— 33 ����