§ 270.63 (entered by clerk on judgment on admitted claim for money). Compare 1 Idaho Code Ann. (1932) § 7-1101, and 4 Mont. Rev. Codes Ann. (1935) § 9403, which provide that judgment in jury cases be entered by clerk within 24 hours after verdict unless court otherwise directs. Conn. Practice Book (1934) § 200, provides that all judgments shall be entered within one week after rendition. In some states such as Washington, 2 Rev. Stat. Ann. (Remington, 1932) § 431, in jury cases the judgment is entered two days after the return of verdict to give time for making motion for new trial; § 435 (ibid.), provides that all judgments shall be entered by the clerk, subject to the court's direction. Rule 59. New Trials.

This rule represents an amalgamation of the petition for rehearing of Equity Rule 69 (Petition for Rehearing) and the motion for new trial of U. S. C., Title 28, § 391 (New trials; harmless error), made in the light of the experience and provision of the code states. Compare Calif. Code Civ. Proc. (Deering, 1937) §§ 656-663a. U. S. C., Title 28, § 391 (New trials; harmless error) is thus substantially continued in this rule. U. S. C., Title 28, § 840 (Executions; stay on conditions) is modified in so far as it contains time provisions inconsistent with Subdivision (b). For the effect of the motion for new trial upon the time for taking an appeal see Morse v. United States, 270 U. S. 151 (1926); Aspen Mining and Smelting Co. v. Billings, 150 U. S. 31 (1893).

For partial new trials which are permissible under Subdivision (a), see Gasoline Products Co., Inc. v. Champlin Refining Co., 283 U. S. 494 (1931); Schuerholz v. Roach, 58 F. (2d) 32 (C. C. A. 4th, 1932); Simmons v. Fish, 210 Mass. 563 (1912) (sustaining and recommending the practice and citing federal cases and cases in accord from about sixteen states and contra from three states). The procedure in several states provides specifically for partial new trials. Ariz. Rev. Code Ann. (Struckmeyer, 1928) § 3852; Calif. Code Civ. Proc. (Deering, 1937) §§ 657, 662; Ill. Rev. Stat. (1937) ch. 110, § 216 (par. (f)); Md. Ann. Code (Bagby, 1924) Art. 5, §§ 25, 26; Mich. Court Rules Ann. (Searl, 1933) Rule 47, § 2; Miss. Sup. Ct. Rule 12, 161 Miss. 903, 905

(1931); N. J. Sup. Ct. Rules 131, 132, 147, 2 N. J. Misc. 1197, 1246-1251, 1255 (1924); 2 N. D. Comp. Laws Ann. (1913) § 7844, as amended by N. D. Laws 1927, ch. 214.

Rule 60. Relief From Judgment or Order.

Note to Subdivision (a). See Equity Rule 72 (Correction of Clerical Mistakes in Orders and Decrees); Mich. Court Rules Ann. (Searl, 1933) Rule 48, § 3; 2 Wash. Rev. Stat. Ann. (Remington, 1932) § 464 (3); Wyo. Rev. Stat. Ann. (Courtright, 1931) § 89-2301 (3). For an example of a very liberal provision for the correction of clerical errors and for amendment after judgment, see Va. Code Ann. (Michie, 1936) §§ 6329, 6333.

Note to Subdivision (b). Application to the court under this subdivision does not extend the time for taking an appeal, as distinguished from the motion for new trial. This section is based upon Calif. Code Civ. Proc. (Deering, 1937) § 473. See also N. Y. C. P. A. (1937) § 108; 2 Minn. Stat. (Mason, 1927) § 9283.

For the independent action to relieve against mistake, etc. see Dobie, Federal Procedure, pages 760-765, compare 639; and Simkins, Federal Practice, ch. CXXI (pp. 820–830) and ch. CXXII (pp. 831-834), compare § 214.

Rule 61. Harmless Error.

A combination of U. S. C., Title 28, §§ 391 (New trials; harmless error) and 777 (Defects of form; amendments) with modifications. See McCandless v. United States, 298 U. S. 342 (1936). Compare Equity Rule 72 (Correction of Clerical Mistakes in Orders and Decrees); and last sentence of Equity Rule 46 (Trial-Testimony Usually Taken in Open Court Rulings on Objections to Evidence). For the last sentence see the last sentence of Equity Rule 19 (Amendments Generally).

Rule 62. Stay of Proceedings to Enforce a Judgment.

Note to Subdivision (a). The first sentence states the substance of the last sentence of U. S. C., Title 28, § 874 (Supersedeas). The remainder of the subdivision states the substance of the last clause of U. S. C., Title 28, § 227 (Appeals in proceedings for injunctions; receivers; and

admiralty), and of § 227a (Appeals in suits in equity for infringement of letters patent for inventions; stay of proceedings for accounting), but extended to include final as well as interlocutory judgments.

Note to Subdivision (b). This modifies U. S. C., Title 28, § 840 (Executions; stay on conditions).

Note to Subdivision (c). Compare Equity Rule 74 (Injunction Pending Appeal); and Cumberland Telephone and Telegraph Co. v. Louisiana Public Service Commission, 260 U. S. 212 (1922). See Simkins, Federal Practice (1934), § 916 in regard to the effect of appeal on injunctions and the giving of bonds. See U. S. C., Title 6 (Official and Penal Bonds) for bonds by surety companies. For statutes providing for a specially constituted district court of three judges, see:

U. S. C., Title 7:

§ 217 (Proceedings for suspension of orders of Secretary of Agriculture under Stockyards Act) by reference.

§ 499k (Injunctions; application of injunction laws governing orders of Interstate Commerce Commission to orders of Secretary of Agriculture under Perishable Commodities Act) by reference.

U. S. C., Title 15:

§ 28 (Antitrust laws; suits against monopolies expedited)

U. S. C., Title 28:

§ 47 (Injunctions as to orders of Interstate Commerce Commission, etc.)

§ 380 (Injunctions; alleged unconstitutionality of State statutes)

§ 380a (Same; constitutionality of federal statute) U. S. C., Title 49:

§ 44 (Suits in equity under interstate commerce laws; expedition of suits)

Note to Subdivision (d). This modifies U. S. C., Title 28, § 874 (Supersedeas). See Rule 36 (2), Rules of the Supreme Court of the United States, which governs supersedeas bonds on direct appeals to the Supreme Court, and Rule 73 (d), of these rules, which governs supersedeas bonds on appeals to a circuit court of appeals. The provisions governing super

sedeas bonds in both kinds of appeals are substantially the

same.

Note to Subdivision (e). This states the substance of U. S. C., Title 28, § 870 (Bond; not required of the United States).

Note to Subdivision (f). This states the substance of U. S. C., Title 28, § 841 (Executions; stay of one term) with appropriate modification to conform to the provisions of Rule 6 (c) as to terms of court.

Rule 63. Disability of a Judge.

This rule adapts and extends the provisions of U. S. C., Title 28, § 776 (Bill of exceptions; authentication; signing of by judge) to include all duties to be performed by the judge after verdict or judgment. The statute is therefore superseded.

VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

Rule 64. Seizure of Person or Property.

This rule adopts the existing federal law, except that it specifies the applicable state law to be that of the time when the remedy is sought. Under U. S. C., Title 28, § 726 (Attachments as provided by state laws) the plaintiff was entitled to remedies by attachment or other process which were on June 1, 1872, provided by the applicable state law, and the district courts might, from time to time, by general rules, adopt such state laws as might be in force. This statute is superseded as are district court rules which are rendered unnecessary by the rule.

Lis pendens. No rule concerning lis pendens is stated, for this would appear to be a matter of substantive law affecting state laws of property. It has been held that in the absence of a state statute expressly providing for the recordation of notice of the pendency of federal actions, the commencement of a federal action is notice to all persons affected. King v. Davis, 137 Fed. 198 (W. D. Va., 1903). It has been held, however, that when a state statute does so provide expressly, its provisions are binding. United States v. Calcesieu Timber Co., 236 Fed. 196 (C. C. A. 5th, 1916).

For statutes of the United States on attachment, see, e. g.: U. S. C., Title 28:

§ 737 (Attachment in postal suits)

§ 738 (Attachment; application for warrant)

§ 739 (Attachment; issue of warrant)

§ 740 (Attachment; trial of ownership of property)
§ 741 (Attachment; investment of proceeds of at-
tached property)

§ 742 (Attachment; publication of attachment)
§ 743 (Attachment; personal notice of attachment)

§ 744 (Attachment; discharge; bond)

§ 745 (Attachment; accrued rights not affected)
§ 746 (Attachments dissolved in conformity with

State laws)