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Swamp Lands.

A decision of the high court of chancery in

England, granting to defendant, against comSee "Public Lands."

plainant's opposition, the right to register as a

trade-mark the words alleged to be an infringeTariff.

ment, is no bar to a suit here for an infringe

ment by using such words.-City of Carlsbad v. See "Customs Duties."

Kutnow (C. C.) 794.

When a defendant has been enjoined from

using a label almost identical with that of comTAXATION.

plainant, he will also be enjoined from resorting

to another label, differing in detail from comSee, also, “Constitutional Law."

plainant's, but so like it in general appearance as Of express companies, see "Constitutional to deceive consumers, if not trade experts.Law.

Cuervo v. Owl Cigar Co. (C. C.) 541.
Of railroad, see "Railroad Companies."
An act in relation to taxation will not be so

TRIAL. construed as to enable taxpayers to escape taxation, if it is reasonably susceptible of a differ-See, also. “Appeal"; "Evidence"; "Judgment”; ent construction.-Board of Com’rs of Custer.

"Pleading. County v. Anderson (C. C. A.) 341.

An objection to deeds offered in evidence on The act of Montana of September 14, 1887, as the ground that there is nothing to identify or amended by the act of March 14, 1889, does not show title to the lands described in the declaraleave the assessment of taxes optional with the tion is too general to sustain an objection where taxpayers, but the assessors have still a right to the deeds appear to show title.- Robinson v. assess_the property of those who fail to file Dewhurst (C. C. A.) 336. lists.-Board of Com'rs of Custer County v. An The objection that a certified copy of a patderson (C. C. A.) 341.

ent, received in evidence, shows no seal, cannot be first raised in an appellate court.-Robinson

v. Dewhurst (C. C. A.) 336. TELEGRAPH COMPANIES.

The fact that a judge, in charging the jury. A telegraph company is not liable for dam- omits to refer to certain facts favorable to the ages for the nondelivery of an unrepeated mes defeated party, is not ground for a new trial.sage sent on a blank containing a proviso against Lowry

v. Mt. Adams & Eden Park Incline liability for such messages, and so obscure in its Plane Ry. Co. (C. C.) 827. terms as to give no notice of what it means or what damages may result from its nondelivery.

TRUSTS. - Western Union Tel. Co. v. Coggin (C. C. A.) 137.

A father who completed the purchase of lands Term.

under a contract made by his son, since deceas

ed, and took title in his own name, held a trusOf court, see "Courts."

tee for the son's minor heir, whether he used his own money or money derived from the son's

property.-Roggenkamp v. Roggenkamp (C. C. NAMES.

Where a devise is made upon a valid trust, the

heirs at law have no right to contest the right The word "Momaja," as applied to a blend of of the trustees to take.- White v. Keller (C. c. Mocha, Maracaibo, and Java coffees, is not so A.) 796. far descriptive as to be objectionable as a trademark.-American Grocery Co. v. Sloan (C. C.) by whom it has been misapplied, is not entitled

The owner of property intrusted to another, 539.

to a general lien upon the assets of the trustee A trade-mark, consisting of the word “Mom- for the value of such property, and can only

as applied to a blend of coffee, is infringed follow the same so far as it can be traced, either by the use of the word "Mojava," applied to in its original form or in the other forms into another blend of coffee.-American Grocery Co. which it has been converted. - Spokane County v. Sloan (C. C.) 539.

v. First Nat. Bank (C. C. A.) 979.

Where trust funds have been wrongfully inThe fact that Carlsbad is a geographical name vested by the trustee in securities which remain does not prevent the city of that name from in his hands, the owner of such funds is entitled having an exclusive right to the use thereof in to follow the same in the form into which they connection with springs owned by it, which have have been converted, and impress a trust there the same name, and give it to their products.- on for his benefit.-City

of Spokane v. First Nat. City of Carlsbad v. Kutnow (C. C.) 794.

Bank (C. C. A.) 982. It is an infringement of the trade-mark "Carlsbad Sprudel Salts" to sell artificial salts under

USURY. the name of "Improved Effervescent Carlsbad Powder.”—City of Carlsbad v. Kutnow (C. C.) Where a New York corporation issued, and 794.

sold at 80 cents on the dollar, bonds secured by


mortgage on its ships, held, that under the New of the said E. do not marry or be given in York statute of 1850, as construed by the state marriage to any of the children of my uncle J., courts, usury was not available as a defense ei- or to any of his grandchildren, or great-grandther to the corporation or to its judgment cred children, or other lineal descendants of the said itors.-The Vigilancia (D. C.) 781; The Segu- J.; but should any of the children of the said ranca, Id.; The Allianca, Id.; The Advance, Id.; E. marry any of the descendants of the said J., Atlantic Trust Co. v. Proceeds of The Vigilan- the share of my estate of he, she, or they so cia, Id.

marrying as aforesaid shall go to and become

vested in the other child or children of the said Variance.

E., share and share alike”; and the testator See "Indictment and Information."

charged E. with the payment of a legacy of $2,000. Held, that E. took an estate tail which

became converted into a fee-simple absolute by VENDOR AND PURCHASER. her deed executed agreeably to the Pennsylvania

statute for the barring of estates tail.- Pearsol A railway company which had made a mort- v. Maxwell (C. C.) 513. gage covering after-acquired property began proceedings to condemn land of H. The compensation awarded not being paid, H. began a suit

WORDS AND PHRASES. to restrain the railway company. A compromise sum was then agreed on, but not paid, and the

"Electrolysis," as used in connection with court in H.'s suit decreed a lien in H.'s favor on metallurgical operations, takes place whenever his land taken by the railway company, and or a current of sufficient quantity and intensity is dered it sold. H. bought it in at the sale. Aft- passed through a chemical compound in a Auid erwards, in a foreclosure suit by the mortgagee thereof, the result being that one of the elevalid lien on É.'s land, and it was ordered to be ments will go to the anode and the other to the sold. Held, error; that H. retained a valid cathode.-Lowrey v. Cowles Electric Smelting & vendor's lien, and acquired a perfect title by the Aluminum Co. (C. C.) 354. sale in his suit.-Hobbs v. State Trust Co. (C. “Smelting," though by derivation synonymous C. A.) 618.

with "melting," has a more contracted meaning

in connection with metallurgical operations, and Waiver.

usually means a melting of ores in the presence Of lien, see "Mechanics' Liens."

of some reagent which combines with the nonOf objections by appearance, see "Appearance.” metallic element, and thus frees the metal ele

ment.-Lowrey y. Cowles Electric Smelting &

Aluminum Co. (C. C.) 354.

Writ of Error.
The owner of an oil wharf is not liable for
damage occasioned to a vessel lying thereat by See "Appeal."
fire communicated from premises owned by oth-
ers, and by means of floating oil that escaped

WRITS. from sources over which he has no control.Hustede v. Atlantic Refining Co. (D. C.) 669.

Where a contract is made in Michigan for the delivery of ore in Mexico, a cause of action for

nondelivery arises in Mexico, and gives no right WILLS.

to make service of process under section 8145,

How. Ann. St. Mich.-United States Graphite What law governs, see "Conflict of Laws."

Co. v. Pacific Graphite Co. (C. C.) 442. A will devising property, and reciting that it Service on an officer of a foreign corporation is community property, does not estop the dev- casually within a state where the corporation isees from disputing that it is community prop- has no place of business is not good.- United erty, nor amount to a devise of a half interest to States Graphite Co. v. Pacific Graphite Co. (C. the testator's wife.-Hatch v. Ferguson (C. C. C.) 442. A.) 43.

A suitor attending a hearing on a demurrer A testator devised lands to E., “to have and in a foreign jurisdiction, to consult with his to hold the same to the said E. and the heirs of counsel, is privileged from service of process.her body, provided, however, that the children Kinne v. Lant (C. C.) 436.

68 Fed.-67


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