There are two parts to this puzzle.
1. It's not a capital I in the cites but a lower case L. The rules start
on page xli-lxx, i.e. Roman 41-70.
2. They're printed in the first edition, 1843, but were probably dropped
from later reprints. I couldn't find our copy of Cohen & O'Connor, A Guide
to the Early Reports of the Supreme Court of the United States (1995), but
their earlier article on this topic at Legal Ref. Services Q. , Summer/Fall
1981, at 43, lists the contents of 42 U.S. on page 91 including these rules.
I'll fax a copy of Rule XLVIII on page lvi.
Kent Olson
UVA Law Library
kolson@virginia.edu
At 05:15 PM 10/1/2002 -0500, Healey, Paul wrote:
>I am trying to find the original publication of Federal Equity Rule 48,
>promulgated in 1842 by the U.S. Supreme Court. Several scholarly sources,
>and at least one case, refer to the rule as having been published at "42
>U.S. (1 How.) Ivi." One source also adds "xIii" as in "42 U.S. (1 How.)
>xIii, Ivi."
>
>I cannot find any rules in 42 U.S., nor can I find any page numbering
>anywhere that conforms to "Ivi" or "xIii". The capital "I" mixed in with the
>lowercase letters confounds normal Roman numbering as I understand it. In
>any case, I have browsed all of 42 U.S. (as well as 41 and 43), and have
>come up blank. Searches of Westlaw have not turned up anything, nor has
>browsing the relevant Lawyer's Edition volume (The Supreme Court Reporter
>doesn't go back that far).
>
>What am I missing? Any thoughts? Comments? Suggestions?
>
>Many thanks in advance,
>
>--Paul
>Paul D. Healey, JD, MA
>Head of Public Services and
>Associate Professor of Library Administration
>Albert E. Jenner, Jr. Memorial Law Library
>University of Illinois Urbana-Champaign
>142L Law Building
>504 East Pennsylvania Ave.
>Champaign, IL 61820
>Phone: 217-244-3048; Fax: 217-244-8500
>phealey@law.uiuc.edu
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