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Duties.

properly be brought in equity, as the remedy at

law would be inadequate. --Society of Shakers
See "Customs Duties."

v. Watson (C. C. A.) 730.

Complainant held licenses from the Cherokee
EJECTMENT.

Nation to mine coal. Defendants, claiming un-

der licenses alleged to have been issued through
In West Virginia a defendant cannot object mistake or fraud, entered on the lands, and
to a judgment in ejectment because he has mined coal, inflicting injury on complainant
pleaded “Not_guilty,” simply, nor for want of and on the estate created by the licenses. Held,
a similiter.-Robinson v. Dewhurst (c. C. A.) that equity could enjoin defendants from min-
336.

ing.-Oolagah Coal Co. v. McCaleb (C. C. A.)

86.
EMINENT DOMAIN.

Equity has jurisdiction to determine the

claims of rival licensees in coal mines where
The taking of private property within limited the license of one party is alleged to have been
districts organized as irrigation districts for the issued through mistake or fraud.-Oolagah
purpose of furnishing water to the landowners Coal Co. v. McCaleb (C. C. A.) 86.
alone, and not for the use of the general public,
is not a public use which will justify the exercise Equity has jurisdiction of a bill by a bridge
of the power of eminent domain. -Bradley v. company against certain railroads to assert lia-
Fallbrook Irrigation Dist. (C. C.) 948.

bility to the bridge company under a contract

between it and a railroad company with which
Equitable Liens.

defendants had contracted for the use of said

bridge, and in which contract they had agreed
See "Liens."

to assume the liabilities arising under the orig-

inal contract.-Pittsburgh, C. & St. L. R. Co. v.
EQUITY.

Keokuk & H. Bridge Co. (C. C. A.) 19.
No exception to a master's report based upon Reformation of contracts.
matters of fact should be heard by the court In order to justify the reformation of a writ-
unless such matters have been brought to the ten contract, on the ground of mistake, the tes-
master's attention, and exception taken before timony must be clear, unequivocal, and convin-
him.-Gay Manuf'g Co. v. Camp (C. C. A.) 67. cing, and must amount to more than a mere pre-

Upon appeal from a decree after final hearing ponderance of evidence. -Bowers v. New York
amendment to the bill which would require the Laches.
in equity, the court will not authorize an Life Ins. Co. (C. C.) 785.
introduction of new proofs.-American Bell Tel.
Co. v. United States (C. C. A.) 542.

Where complainants, after actual notice that

respondent, in possession of an estate in which
A claim or interest which has not been set they claim an interest, was holding adversely,
up, by the party entitled to assert it, at the delayed 17 years in bringing suit, they are bar-
proper stage of the suit, cannot afterwards be red by laches.-Dugan v. O'Donnell (d. C.) 983.
asserted, in subsequent proceedings by another
party, as an objection to the relief sought by The nonresidence of complainants will not of
such party.-Compton v. Jesup (C. C. A.) 263. itself excuse laches.-Dugan v. O'Donnell (C.

C.) 983.
Jurisdiction.
Injunctive relief is the ground upon which

Close relationship between the parties will
equity courts take cognizance of patent infringe- laches if the delay is so great as to destroy evi-

not prevent the application of the doctrine of
ment suits. A bill merely for damages and dence.-Dugan v. O'Donnell (C. C.) 983.
profits is not sustainable, and it must appear
that the remedy at law is inadequate.-Wood- Long delay in claiming a right which is not
manse & Hewitt Manuf'g Co. v. Williams (C. subject to any limitation does not constitute
C, A.) 489.

laches as against parties whose adverse right
Complainant, after the acceptance of its bid is based on void proceedings which the claim-
for certain municipal bonds, refused to accept ants were under no obligation to watch for or
them, on the ground that they were invalid, and suspect.-Hodge v. Palms (C. C. A.) 61.
the municipality refused to return complainant's

Certain public lands within the indemnity lim-
deposit, and threatened to hold it liable for loss. its of a grant to a railroad company were with-
Held, that equity had jurisdiction of a suit to de- drawn from settlement by the passage of the
termine the validity of the bonds, and adjust granting act in 1867. In 1885 one G. settled on
the rights of the parties, as the remedy at law a part of the land. The railroad company con-
would be inadequate.-German-American Iny.
Co. of New York v. City of Youngstown (C. C.) | issued in 1890. In 1891 the railroad company,
Pleading

tested his right to a patent, but a patent was
452.

for the first time, attempted to select land under
A suit against a society of Shakers, consist its grant, but the selection was not approved.
ing of numerous members, who are constant. In 1892 the company brought suit to establish a
ly changing by additions, withdrawals, and claim to the land. Held, that it was barred by
deaths, and whose property is held in common, laches from relief in equity.-Southern Pac. R.
without individual interest in any member, may | Co. v. Groeck (C. C.) 609.

Bill of review.
A defendant is only entitled to such advantage The rule that before a bill of review can be
upon a plea to a bill in equity as the facts plead-filed the decree must be performed does not ap-
ed, though proven after replication, entitle him ply to a party who is not required by the decree
to.-American Graphophone Co. v. Edison Pho- to do anything.-Hobbs v. State Trust Co. (C.
nograph Works (C. C.) 451.

C. A.) 618.
Proof of a direct assignment of a patent from

Error, Writ of.
a patentee to complainant does not constitute a
departure, although the bill alleges an assign- See "Appeal.”
ment from the patentee through two intermedi-

Estates.
ate parties to the complainant.-American Ca-
ble Ry. Co. v. City of New York (C. C.) 227. Devised by will, see “Wills.”

Where a bill seeks both discovery and an ac-
counting, the discovery must be regarded prima

ESTOPPEL.
facie as incidental to the accounting, and, if
there is no right to the accounting, the bill will One who has obtained the dismissal of speci-
be held bad upon demurrer.-Everson v. Equi- fications in opposition to his discharge in bank-
table Life Assur. Co. (C. C.) 258.

ruptcy and the cancellation of the creditor's

proof of debt, on the ground that such creditor,
Multifariousness.

by leave of the bankruptcy court, has obtained
A bill alleging that complainant has been in- a judgment against him, which is in full force,
duced, by false representations of certain in- is estopped afterwards to set up his discharge in
dividual stockholders and officers of a corpora- a suit on such judgment.-Davis v. Cornwall
tion, to purchase stock therein which has proved (C. C. A.) 522; Same v. Wakelee, Id.
worthless, and also alleging numerous grounds

The heirs of a grantee of a Spanish grant dat-
upon which a dissolution of the corporation and ed 1788, who never paid anything for such
an accounting are sought, is multifarious.
Watson v. United States Sugar Refinery (C. C. money in the enduring improvements on such

grant, or any taxes on the land, or spent any
A.) 769.

land, are estopped, 100 years later, from claim-

ing an adverse title to such land.-Muse v. Ar-
Decree.

lington Hotel Co. (C. C.) 637.
Where several suits, ancillary to one another,
are instituted in the several districts through
which a railroad runs, to marshal liens and

EVIDENCE.
bring about a sale, and an identical decree is
entered in all, providing for a unit sale, such roll of a municipal corporation to the effect that

A memorandum indorsed on the assessment
suits are to be regarded as distinct, and the certain property is exempt from taxation is in-
provisions of the decree as separately applicable
to the portions of the road within the several competent to prove it exempt.-Town of Dar
districts, and accordingly parties to the suits lington v. Atlantic Trust Co. (C. C. A.) 849.
cannot represent in one district the rights of A statement, made by a deceased beneficiary
lienors upon property lying in another district. in an insurance policy issued two years before,
Per Taft, Circuit Judge. Contra, per Lurton, as to his understanding of the terms of the pol-
Circuit Judge.-Compton v. Jesup (C. C. A.) icy, is not admissible to show mistake in the
263.

policy, either as res gesta or as a declaration
A railroad was sold under a decree in a fore- Life Ins. Co. (C. C.) 785.

of a deceased person.-Bowers v. New York
closure suit before the claim of a party to the
suit who asserted a lien had been adjudicated.

In West Virginia, the declaration of a de-
A saving clause was inserted in the decree of ceased person familiar with the land in contro-
sale providing that if his lien were sustained the versy, made to his son on the spot before the
purchaser at the sale should pay him the amount controversy arose, is competent to prove a
due, or that the court should resume possession boundary pointed out at the time.-Robinson v.
to enforce the lien by resale or otherwise, de- Dewhurst (C. C. A.) 336.
claring it to be the intention to preserve his A bill of particulars containing numerous
rights. Held, that such saving clause did not items of work and materials may be proved,
give the lienor an absolute right to payment, after destruction of the original memoranda
without regard to the rank of his lien, but left from which the account was made up, by the
him as he would have been if not a party to the evidence of the bookkeeper that he correctly
suit.-Compton v. Jesup (C. C. A.) 263.

transcribed the memoranda, and the testimony
Where several suits, ancillary to one another, of the persons who made and furnished the

memoranda to him that the same were correct;
which a railroad runs, to foreclose mortgages but the proof is sufficient where it consists only
and marshal liens upon it, a decree in one of of the bookkeeper's testimony as to the correct-
such suits, unappealed from, is not conclusive pess of his transcription. -The Norma (C. C. A.)
upon an appeal from the decree in another of 509; Merrill v. Sullivan, Id.
such suits. Per Taft, Circuit Judge. Contra, To show the amount of merchandise shipped,
per Lurton, Circuit Judge.--Compton v. Jesup evidence is admissible of persons who testify
(C. C. A.) 263.

from records made at the time from weekly re-

ports of the carrier, and since destroyed by fire. I sold and conveyed the land before notice of lis
---Florida Cent. & P. R. Co. v. Bucki (C. C. A.) pendens was filed, held erroneous; and held, fur-
864.

ther, that the title was not affected in the hands
Account books of a municipal corporation are

of the purchaser, and that, if the purchaser was
not public records, and facts appearing from

an innocent purchaser for value, without notice,
them must be proved in the same way as facts for the proceeds, in which he should be credited,

an accounting might be had against the father
shown in private books.-Town of Darlington not only with taxes and improvements, but with
v. Atlantic Trust Co. (C. C. A.) 849.

any money of his own used in purchasing the
A civil engineer who has made a survey of land or paying debts of the deceased.-Roggen-
the locality may testify that there was no ob- kamp v. Roggenkamp (C. C. A.) 605.
struction, and that the headlight of a train
would visible from points in the neighbor-

Question whether a creditor of a decedent's
hood of the scene of a collision.--Chicago, St. estate, who had one of its employés appointed
P. & K. C. Ry. Co. v. Chambers (C. C. A.) within the California laws prohibiting an ad-
148.

ministrator from purchasing the estate.-Gray
Excessive Damages.

v. Quicksilver Min. Co. (C. C.) 677.
See "Damages."

Sufficiency of evidence to show that a pur-
chase of property of a decedent by a company,

an employé of which was the administrator,
EXECUTORS AND ADMINIS- was fraudulent.-Gray v. Quicksilver Min. Co.

(C. C.) 67'7.
TRATORS.
See, also, “Descent and Distribution"; "Wills."

Express Companies.
In a suit seeking to impeach, collaterally, a Taxation, see “Constitutional Law.”
decree of a probate court for administration of
certain property, not capable of being reduced

Factors and Brokers.
to possession, as intestate property of a de-
cedent, an allegation that the succession of said See “Principal and Agent.”
decedent was fully administered and accepted
by all the owners of the assets capable of being

Federal Courts.
reduced to possession is insufficient to show
that the proceedings attacked were not valid. See "Courts.”
McCants v. Peninsular Land Co. (C. C. A.) 66.
A decree of a probate court, granting admin-

Federal Question.
istration of the estate of one who at his death
was a resident of another state, and whose es-See "Courts."
tate has been administered there, is void, and
can be impeached collaterally.-Fletcher v. Mc-

Fellow Servant.
Arthur (C. C. A.) 65.

A decree of a probate court granting admin. See “Master and Servant.”
istration of the estate of a decedent cannot af-
fect property conveyed by such decedent in his

Fog.
lifetime. --Hodge v. Palms (C. C. A.) 61; Moran- See "Collision."
cy v. Same (C. C. A.) 64.
A decree of a Louisiana parish court grant-

Foreign Corporations.
ing administration, made upon a petition con-
taining proper allegations, cannot be questioned See "Corporations.”
collaterally, on the ground that the succession Imposition of franchise fee, “Constitutional
was not vacant, or that there were no debts, or

Law."
that the decedent died in another parish, or
that no notice of the proceedings was given.-
Garrett v. Boeing (C. C. A.) 51.

GARNISHMENT.
One assuming, without authority, to adminis- of receiver, see "Receivers."
ter the estate of a deceased person, is neverthe-
less protected in doing whatever a lawful exec-

Where both the garnishee and principal debt-
tor or administrator might do, and cannot be or are nonresidents, and the debt is payable in
charged beyond the assets which came to his the state of their residence, there is no proper-
hands; and against these he may set off just ty subject to garnishment.--Central Trust Co.
delts which he has paid.-Roggenkamp v. Rog- of New York v. Chattanooga, R. & C. R. Co.

(C. C.) 685.
genkamp (C. C. A.) 605.
A decree whereby a father, who had adminis-

Right to garnish wages due by a foreign rail-
tered on his intestate son's 'estate without au- road corporation to its employés who are resi-
thority, and had completed the purchase of lands dents of another state.-Central Trust Co. of
under a contract made by the son, and taken the New York v. Chattanooga, R. & C. R. Co. (C.
title in his own name, was charged as trustee

C.) 685.
of the title for the son's minor heir, and ordered Property can be made subject to garnishment
to convey the same, notwithstanding that he had I only when within the jurisdiction of the court.

-Central Trust Co. of New York v. Chatta-

INDIANS.
nooga, R. & C. R. Co. (C. C.) 685.

Garnishment cannot be maintained in the The Indians belonging to the Eastern band of
United States courts without personal service Cherokees in the state of North Carolina have
on the principal defendant, or his voluntary ap- never become citizens of the United States, and
pearance.-Central Trust Co. of New York 7. the federal courts have jurisdiction to entertain
Chattanooga, R. & C. R. Co. (C. C.) 685. a suit brought by the United States, as guardian
For the purpose of jurisdiction of a garnish-ests.- United States v. Boyd (C. C.) 577.

of such Indians, for the protection of their inter-
ment proceeding the situs of a debt or other
chose in action follows the domicile of the cred-
itor.–Central Trust Co. of New York v. Chat- INDICTMENT AND INFORMA-
tanooga, R. & C. R. Co. (C. C.) 685.

TION.
General Appearance.

Where perjury while testifying as a witness

was charged to have been committed on June
See "Appearance."

7th, but was proved to have been committed on

June 6th, held that, as the perjury was not char-
Grant.

ged to have been contained in a written instru-

ment, the variance was immaterial. — United
See "Public Lands."

States v. Matthews (D. C.) 880.
GUARDIAN AND WARD.

Infringement.
In Washington the giving of a bond is an es-Of copyright, see "Copyright."
sential condition of the appointment of a guard-Of patent, see “Patents for Inventions."
ian of a minor.-Hatch v. Ferguson (C. C. A.) Of trade-mark, see "Trade-Marks and Trade-
43.

Names."

Injunction.
HORSE AND STREET RAIL-
ROADS.

Against infringement of patent, see “Patents for

Inventions."
Liability to lien, see "Mechanics' Liens."
The Iowa statute (McClain's Code, $ 2008)

INSOLVENCY.
making a judgment against any railway cor- of bank, see “Banks and Banking.”
poration, for injury to person or property, a
lien superior to that of mortgages on its prop- The surrender by a railroad company of steel
erty, does not apply to street-railway corpora- rails, not yet laid, to the seller, in partial extin-
tions.- Manhattan Trust Co. v. Sioux City Ca-guishment of the purchase price, is not a fraud-
ble Ry. Co. (C. C.) 82.

ulent preference, though made pending a motion

for the appointment of a receiver under a stock-
HUSBAND AND WIFE. holders' bill which seeks to procure a better

management until arrangements can be made
H., in 1870, began living with a woman. In with creditors.-Illinois Steel Co. v. Putnam (C.
1873 he located a land warrant, and received a C. A.) 515.
patent in 1874. In 1876 he married the wo-
Held, that the land was not community

Instructions.
property, under the Washington statute. See “Trial.”
Hatch F. Ferguson (C. C. A.) 43.
Land patented under a warrant for military

INSURANCE.
service is a gift, and does not become communi-
ty property under the Washington statute.- Marine insurance, see "Marine Insurance."
Hatch v. Ferguson (C. C. A.) 43.

In a policy of : einsurance, issned on an appli-
Immigration.

cation for reinsurance of part of the risk on "cot-

ton in bales subject to coinsurance clause," a
See "Aliens."

provision on a slip attached to the policy that it
Imposts.

should be subject to the same risks, etc., as

were assumed by the reinsured company, the
See "Customs Duties."

policy running for a year, and part of the poli-
cies of the reinsured company being issued sub-

sequently, binds the reinsuring company to in-
INDEMNITY.

demnify the reinsured on any contract it may

make, as well those not containing the coinsur-
Bonds of indemnity given by a fidelity insurance clause as those containing it. Per McCor-
ance company are governed by the same princi- mick, Circuit Judge, and Bruce, District Judge;
ples as are policies of insurance.-Mechanics' Pardee, Circuit Judge, dissenting. – Imperial
Savings Bank & Trust Co. v. Guarantee Co. of Fire Ins. Co. y. Home Ins. Co. (C. C. A.) 698;
North America (C. C.) 459.

Royal Ins. Co. v. Same, Id.

The beneficiary in a policy of accident insur- | is that of debtor and creditor merely, and in-
ance taken out and paid for by the insured need volves no trust relation; and, if the policy hold-
not show an insurable interest in order to recover is dissatisfied with the amount of surplus ap-
er.--American Employers' Liability Ins. Co. v. portioned to him, he cannot, in the absence of
Barr (C. C. A.) 873.

fraud, maintain a bill for discovery and ac-
The “iron-safe clause” in a policy of insur-counting.. - Everson v. Equitable Life Assur.
ance, requiring the insured, as one of the condi- Co. (C. C.) 258.
tions of the policy, to keep a set of books, keep
them in a safe, and produce them in case of

INTEREST.
loss, is a condition subsequent only, and sub-
stantial compliance therewith is sufficient. Per See, also, “Usury.”
McCormick, Circuit Judge, and Bruce, District See, also, “Usury."
Judge; Pardee, Circuit Judge, dissenting. - In Wisconsin, when a judgment for defendant
Western Assur. Co. v. Redding (C. C. A.) 708.

on a special finding is reversed, and judgment
A policy of accident insurance provided that ordered for the plaintiff on the finding, the plain-
the company's medical adviser might examine tiff is entitled to interest to the time of entry
the body of the insured at any time.

No re- of judgment, upon the whole amount of prin-
quest was made for an examination till some cipal, and interest shown by such finding to
weeks after the insured's burial, when a re- have been due him when it was made.- Metcalf
quest was made, not to the beneficiary, but to v. City of Watertown (C. C. A.) 859.
decedent's widow, and was refused. Held no
defense to an action by the beneficiary.-Ameri-

Interstate Commerce.
can Employers' Liability Ins. Co. v. Barr (C. C.
A.) 873.

Regulation of, see “Constitutional Law."
An answer to an action on an accident insur-
ance policy, which attempts to set up that the

Invention.
contract was not fully consummated, because
requiring the assent of the home office to the See “Patents for Inventions."
acts of an agent, but which shows that the
agent was placed in a position to deliver a com-
pleted policy, and did so, and does not aver

JUDGMENT.
knowledge by the insured of the excess of au-
thority, and which also attempts to set up con- Appealable judgments, see “Appeal.”
cealment of material facts and false representa- Interest on, see "Interest.”
tions, but states no particulars, is insufficient.-
American Employers' Liability Ins. Co. v. Barr W. and others, claiming to be liquidators of
(C. C. A.) 873.

a corporation in dissolution proceedings, inter-
An accident policy insured against death by tion, claiming the attached property, and asking

vened in attachment suits against the corpora-
accidental means, not covering death resulting the dismissal of the suits. Judgment was giv-
from fighting, or while violating the law. The en against them. Held that, though they had
that the death was accidental, and the insurer attempted to limit their appearance in the at-
that the death was accidental, and the insurer tachment suits, they were estopped by the ad-
was liable.-Robinson v. United States Mut.
Acc. Ass'n of City of New York (C. C.) 825.

verse judgments to set up a claim on the same
A beneficiary named in a policy of life insur-ground in an action against the purchaser of the

attached property.-Frank v. Wedderin (C. C.
ance has no such vested interest as to prevent

A.) 818.
the substitution of another beneficiary.-Robin-
son v. United States Mut. Acc. Ass'n of City of The record of a judgment by which it is de
New York (C. C.) 825.

termined that a will was valid in the state of
When one effects insurance on his own life, testator's real estate, that devises to charitable

the testator's domicile, that it devised all the
designating another as 'payee, the latter may
sue on the policy, without showing an insur-ing, is admissible in evidence in an action of

uses were valid, and the donees capable of tak-
able interest.-Robinson v. United States. Mut. ejectment between privies to the parties to the
Acc. Ass'n of City of New York (C. C.) 825.

suit, for the purpose of proving such facts.-
It is not a defense to an action by the substi- | White v. Keller (C. C. A.) 796.
tuted beneficiary in a life insurance policy that
the original beneficiaries have an action pending the bond of a surveyor who was claimed to

The record of a suit by the United States on
on the policy.-Robinson v. United States Mut. have made a fraudulent survey, in which a ver-
Acc. Ass'n of City of New York (C. C.) 825.

dict was rendered for the defendant, is not ad-
In a policy of credit insurance the words “loss missible in a suit between other parties to
sustained by the insolvency of debtors owing prove that the survey was correct. - Michigan
the insured” means the balance remaining due, Land & Lumber Co. v. Rust (C. C. A.) 155.
after deducting from the indebtedness of the
insolvent to the insured, at the time of his fail- against a railroad company for a tort causing

Under Code N. C. $8 685, 1255, a judgment
ure, any payments made by such insolvent. - injury to the person is superior to a mortgage
Mercantile Credit Guarantee Co. of New York executed after the tort was committed, though
v. Wood (C. C. A.) 529.

the action was not brought within 60 days from
The relation between the holder of a matured the registration of the mortgage.-Boston Safe-
semitontine policy and the insurance company | Deposit & Trust Co. v. Hudson (C. C. A.) 758.

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