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ABATEMENT AND REVIVAL. ment to which they were chartered, the accounts

will be deemed stated between the parties.-
1. Another action pending.

Morse Dry Dock & Repair Co. v. Munson S. S.
*The pendency of another action between the Line (D. C.) 150.
came parties for the same cause in a state court
s not a bar to an action in a federal court.-

Iarton v. Howley (C. C.) 491.
*The pendency of a suit in a state court to Jurisdiction of courts, see "Courts.”

Abatement, see "Abatement and Revival."
btain a judgment in personam is not a bar to Laches, see "Equity," $ 2.

ederal court involving the same subject-matter. Limitation by statute, see “Limitation of Ac-
-Weir v. Winnett (C. C.) 824.

Pendency of action, see "Abatement and Re-

vival," § 1.

Actions between parties in particular relations.
Criminal responsibility, see "Criminal Law," See “Master and Servant,” § 1
§ 1.

Actions by or against particular classes of


See "Carriers," $$ 2, 3; "Schools and School
ntermixture of goods of same kind, see “Con-

Districts," § 1; “United States," $ 1.
fusion of Goods."

Stockholders, see "Corporations," $ 1.
Trustee in bankruptcy, see "Bankruptcy,” £ 6.

, ,.

Particular causes or grounds of action.
Criminal responsibility, see "Criminal Law,” See "Account Stated"; "Death,” § 1; "Insur-
$ 1.

ance," § 2; "Waste"; “Work and Labor."

Breach of contract, see "Sales," $ 2.

Breach of contract of shipment, see “Shipping,"

$ 3.
ause of death, see "Death," § 1.

Claim against school district, see "Schools and

School Districts," $ 1.

Death caused by operation of railroad, see

"Railroads," $2.
ee "Insurance,” $$ 1, 2.

Death of passenger, see "Carriers,” $ 3.
Death of servant, see "Master and Servant,”

$ 1.

Infringement of patent, see “Patents," § 5.

Infringement of trade-mark or trade-name,
riminal responsibility, see "Criminal Law," see "Trade Marks and Trade-Names," $ 3.
$ 1.

Injuries to property of tenant, see "Landlord

and Tenant,. § 1.

Personal injuries, see “Carriers," § 3; "Elec-

tricity"; "Master and Servant," § 1; "Rail-
ee "Account Stated."

roads," $ 2.
ccounting for waste, see “Waste."

Price of goods, see "Sales," $ 2.
-ccounting by agents, see “Principal and Services, see “Work and Labor.";
Agent," 8 1.

Unfair competition in trade, see "Trade Marks

and Trade-Names,” § 3.

Particular forms of special relief.

See “Injunction"; "Specific Performance.”
*Where a repairer renders accounts for the Compelling issuance of patent, see “Patents,"
-ork done and materials furnished, and the § 2.
wner of the vessels accepts the accounts and Dissolution of corporation, see "Corporations,"
ses them to obtain its pay from the govern-

§ 4.

*Point annotated. See syllabus.
155 F-65


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Enforcement of railroad rates, see “Carriers,” | the whole for his landlord, the effect was ar § 1.

abandonment of his own possession, and there Enforcement or foreclosure of lien, see "Mari- after his possession was that of his landlord

time Liens," § 1; “Mechanics' Liens," $ 3. referable to the entry and extending to the whol Establishment and enforcement of trust, see tract under Shannon's Code Tenn. $$ 4456"Trusts," § 2.

4458, although he did not extend his actual in Foreclosure of mortgage, see "Mortgages," § 2. closures.-Bell v. North American Coal & Cok Preventing closing of inlet in navigable waters, Co. (C. C. A.) 712.

see "Navigable Waters," § 1.
Rescission of sale to bankrupt, see "Bank- 8 2. Operation and effect.
ruptcy," § 6.

*When a tenant is placed in possession of Setting aside fraudulent conveyance,

definite part of a larger tract of land, the pos

see "Fraudulent Conveyances," $ 1.

session will not avail the landlord beyond th

part so claimed and held; but if one claimin Particular proceedings in actions. under an assurance of title defining boundarie See “Appearance"; “Costs”; Damages"; place a tenant in possession without limiting

"Judgment"; "Jury"; "Limitation of Achim to any definite part, the tenant's possessio
tions": "Pleading"; "Process": "Refer- will extend to the landlord's boundaries, a
ence";' "Removal of 'Causes"; "Trial.” though the land actually occupied is but a smal

part of the whole.-Bell v. North American Coa
Particular remedies in or incident to actions. & Coke Co. (C. C. A.) 712.
See "Injunction."
Proceedings in exercise of special or limited

Criminal prosecutions, see “Criminal Law.”

Particular proceedings or purposes. Suits in admiralty, see "Maritime Liens,” § 1; Preliminary affidavit or information for con "Shipping," $ 6.

tempt, see "Contempt," $ 2. Suits in equity, 'see Equity.”

Verification of pleading in suit for injunction

see "Injunction," $ 3. Review of proceedings.

Verification of specifications to bankrupt's dis-
See "Appeal and Error”; “Equity," $ 4; charge, see "Bankruptcy," § 14.

"Judgment," $ 1.
§ 1. Grounds and conditions precedent.

When it is sought to enforce a statutory right
in another jurisdiction, any restriction or limi- Contracts, see "Shipping," $ 3.
tation upon such right imposed by the statute
which created it must also be given effect.-
Coyne v. Southern Pac. Co. (C. C.) 683.


See "Principal and Agent."
As, excuse for, nonperformance of contract, see

“Contracts," § 3.

See “Contracts."


AIDERS AND ABETTORS. Effect on jurisdiction of equity, see "Equity," $$ 1, 3.

Criminal responsibility, see "Criminal Law,


ALASKA. Of estate of bankrupt, see "Bankruptcy," § 5. Appealability of orders of district court of, a

dependent on_finality of determination, se ADMIRALTY.

“Appeal and Error," § 1.

Jurisdiction of United States district court d See "Collision”; “Maritime Liens"; "Salvage”;

prosecution for gambling within limits "Shipping"; "Towage.

town in Alaska, see “Criminal Law," $ 2.


Immigration regulations, see "Commerce," § 3 See "Limitation of Actions."

Laws relating to immigration as denying du

process of law, see "Constitutional Law § 1. Nature and requisites.

8 6. Where an occupant of land without color of title attorned to another who made entry from § 1. Immigration. the state of a definite tract including the land In the provision of the immigration act (ad SO occupied, and agreed to hold possession of Feb. 29, 1907, c. 1134, $ 3, 34 Stat. 899), mal

*Point annotated. See syllabus.

aited states anyo alieno moman or girl for the "Under scircuit Tourt of Appeals rule No. 11, rpose of prostitution or for any other immoral the court held to have the right to notice plain rpose," the words "any other immoral pur- errors not assigned.-A. Santaella & Co. v. Otto se" must be construed with reference to the F. Lange Co. (C. C. A.) 719. eceding word "prostitution," and to relate only

a like immoral purpose, and so construed 86. Review. nnot be held to include concubinage.-United

*Where the whole testimony has not been incates v. Bitty (C. C.) 938.

corporated in the record, it will be presumed that such testimony preponderates in favor of,

and sustains the judgment of, the trial court.AMENDMENT.

Vera Cruz & P. R. Co. v. Waddell (C. C. A.)

401. i application for patent, see "Patents," $ 2. *Where specific findings of fact were made

petition in bankruptcy, see "Bankruptcy,” by the trial court, and not excepted to, and the $ 1.

evidence is not all incorporated in the record,

such findings will be taken as true, and the apANSWER.

pellate court will not reverse, unless it finds the

judgment rendered to be contrary to the facts pleading, see "Equity," $ 3.

so found.-Vera Cruz & P. R. Co. v. Waddell (C. C. A.) 401.

*It is not reversible error that improper eviAPPEAL AND ERROR.

dence was not formally excluded where the trial eview in bankruptcy proceedings, see “Bank- P. R. Co. v. Waddell (C. C. A.) 401.

was to the court without a jury.- Vera Cruz & ruptcy,” 88 6, 16.

*Reversal of the lower court's judgment as to 1. Decisions reviewable.

the facts will only be made when such judgment An order made by a District Court of Alaska, is shown to be against the clear preponderating tting aside a prior judgment of such court weight of all the evidence.- Vera Cruz & P. R. nd granting a new trial, is not appealable un- Co. v. Waddell (C. C. A.) 401. r Code Alaska, pt. 4, c. 51, $ 504, which gives e right of appeal from a "final judgment or der," but such order may be reviewed on ap

APPEARANCE. al by the Circuit Court of Appeals for want jurisdiction in the court to make it.-Nelson By attorney, see "Attorney and Client,” $ 1. Meehan (C. C. A.) 1. 2. Presentation and reservation in

The objection that a court is without jurislower court of grounds of review. diction of a suit for infringement of a patent The question of want of mutuality in a con- because not brought in the district of which deact held properly raised by the record.-A. fendant is an inhabitant, or a district in which antaella & Co. v. Otto F. Lange Co. (C. C. A.) infringement was committed, and defendant has 9.

a regular and established place of business, if

apparent on the face of the pleadings, is waivA motion for a new trial is not essential in ed by the filing of a general demurrer or any federal court to entitle a party to a review other act which constitutes a general appear

the judgment on writ of error by the Cir- ance.-Thomson-Houston Electric Co. v. Elecit Court of Appeals.-Aaron v. United States trose Mfg. Co. (C. C.) 543. . C. A.) 833. 3. Requisites and proceedings for

APPLIANCES. transfer of cause. The six months allowed by statute for suing at a writ of error for the review of a judgment Liability of employer for defects, see “Master

the Circuit Court of Appeals cannot be ex and Servant,” $ 1. nded by a motion in the trial court to vacate e judgment, filed after such time has expired, hich brings nothing new into the record, but

APPOINTMENT. in effect merely a motion to reargue the queson whether the judgment was warranted by Of trustee in bankruptcy, see "Bankruptcy," e record.—United States v. Fidelity & De § 2. sit Co. of Maryland (C. C. A.) 117. 4. Record and proceedings not in rec

APPORTIONMENT. ord. Legal issues other than the one specifically of salvage compensation, see "Salvage,” $ 2. esented for determination may properly be nsidered and determined by an appellate court here they naturally arise, and are pertinent to

APPRAISAL. question at issue and to further proceedings the trial court.—Collin County Nat. Bank of Of merchandise subject to duty, see "Customs Kinney, Tex., v. Hughes (C. Č. A.) 389. Duties," $ 3.

* Point annotated. See syllabus.


. termine the ownership of the stock under_ar

agreement to which it was not a party.--Du. See "Reference.”

vall v. Sulzner (C. C.) 910. § 1. Submission.

In an arbitration proceeding to settle dif. A written contract inter partes, as an agree-ferences between an interstate carrier and its ment for arbitration stating questions to be sub- employés under Act June 1, 1898, c. 370, 30 mitted and determined must primarily be in- Stat. 424 [U. S. Comp. St. 1901, p. 3205], terpreted by its language taken in its ordinary where exceptions to the award are taken, the and accepted meaning, and if that language is Circuit Court cannot enter judgment until the plain and unambiguous in itself there is no appeal provided for by section 4 has been deroom for construction, but it, will be held to termined or the time for such appeal has ex. mean precisely what its terms imply.-In re pired.-In re Southern Pac. Co. (C. C.) 1001. Southern Pac. Co. (C. C.) 1001. An arbitration of differences between an in

terstate carrier and its employés under Act
June 1, 1898, c. 370, 30 Stat. 424 [U. S. Comp.
St. 1901, p. 3205], is essentially a common-law

The provision of Rev. St. $ 5438 (U. S. Comp on

/ 1901, p, it an to ment of arbitration entered

into by the parties, knowingly purchase or receive in pledge from which limits and determines not only the rights any soldier any public property which such of the parties thereto, but also the extent of soldier has no lawful right to sell or pledge the powers of the arbitrators.-In re Southern construed.-United States v. Koplik (c. C.) 919 Pac. Co. (C. C.) 1001.

It is not a defense to a prosecution under Rev. An agreement for arbitration under Act June St. $ 5438 [U. S. Comp. St. 1901, p. 3674), for 1. 1898, c. 370, 30 Stat. 424 [U. S. Comp. St. receiving, in pledge public property from a 1901, p. 3205), between a railroad company and soldier, that such property consisted of clothing the Order of Railroad Telegraphers, construed which the soldier had paid for out of his cloth with respect to the scope of certain questions ing allowance.-United States v. Koplik (C. C.) thereby submitted.-In re Southern Pac. Co. 919. (C. C.) 1001.

ARREST. § 2. Arbitrators and proceedings. Mere statements made by one claiming owner

See “Bail.” ship of certain stock of a corporation that, if he recovered it, he would use or dispose of it for

ASSESSMENT. the benefit of the corporation, did not constitute a transfer which entitled the corporation to notice of a hearing by arbitrators to determine Of compensation for property taken for pub the ownership of the stock under an agreement

lic use, see "Eminent Domain," 8 2. to which it was not a party.-Duvall v. Sulzner On stock in national bank, see “Banks and (C. C.) 910.

Banking," § 1. § 3. Award.

*An allegation that arbitrators acted "with ASSIGNMENT OF ERRORS. manifest unfairness and with such partiality as to destroy the judicial character of the proceed- See "Appeal and Error," § 5. ings" does not state any ground for impeachment of their award, in the absence of any allegation that the party benefited participated in

ASSIGNMENTS. any misconduct or was guilty of fraud or collusion.-Duvall v. Sulzner (C. C.) 910.

Fraud as to creditors, see "Fraudulent Con A party to an arbitration agreement held to veyances." have waived the right to notice of the hearing In bankruptcy, see "Bankruptcy," $ 3. before the arbitrators and to object to the consideration of evidence not legally admissible.

Transfers of particular species of property, Duval v. Sulzner (C. C.) 910.

rights, or instruments. A party to an arbitration agreement who

See “Copyrights," § 1; “Trade-Marks an

§ 2. voluntarily joins in the selection of persons as arbitrators who are known to have formed opinions upon the merits of the controversy cannot ASSIGNMENTS FOR BENEFIT OF impeach the award on the ground that the arbitrators were not impartial.-Duvall v. Sulzner

CREDITORS. (C. C.) 910.

Mere statements made by one claiming own- See "Bankruptcy," 88 2-8. ership of certain stock of a corporation, that if he recovered it he would use or dispose of it for the benefit of the corporation, did not con ASSUMPSIT, ACTION OF. stitute a transfer which entitled the corporation to notice of a hearing by arbitrators to de- see "Account Stated"; "Work and Labor."

*Point annotated. See syllabus.

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