« AnteriorContinuar »
Actions by or against particular classes of
See "Carriers," $ 2; "Corporations," § 2.
Trustee in bankruptcy, see "Bankruptcy,” $8
Particular causes or grounds of action.
surance," 8 6.
see "Contracts," $ 4;
“Sales," § 2.
Breach of warranty, see "Sales," $ 2.
Infringement of copyright, see "Copyrights,”
Particular forms of special relief.
sets and Securities” ; "Quieting Title"; "Spe-
Cancellation of written instrument, see "Can-
cellation of Instruments.”
Construction of will, see "Wills," 1.
ty, see "Quieting Title."
"Trusts," $ 1.
Foreclosure of mortgage, see "Railroads," $ 2.
ormation of Instruments.”
Removal of cloud on title, see “Quieting Title.”
Particular proceedings in actions.
Revival, see "Abatement and Revival," $ 1.
Revival of judgment, see "Judgment," $ 7.
Particular remedies in or incident to actions.
Stay of proceedings, see “Appeal and Error,”
Suit in admiralty, see “Shipping," § 4.
Proceedings in exercise of special or limited
against other partner on dissolution of firm, Suits in admiralty, see "Admiralty"; "Colli-
sion," $ 5.
Keview of proceedings.
8 1. Nature and form.
ADVANCES. Submission for adjudication on an agreed statement of facts of a controversy of which By landlord to tenant, see “Landlord and Tenand of the parties to which the court has juris- ant," $ 2. diction waives all objections to the form of the proceedings and technical defects in the plead
ADVERSE CLAIM. ings.-In re Blake (C. C. A.) 279.
To real property, see "Quieting Title." ADEQUATE REMEDY AT LAW.
ADVERSE POSSESSION. Effect on jurisdiction of equity, see "Equity," § 1; “Specific Performance," § 1.
g 1. Nature and requisites.
*The taking possession and occupancy of vaADJUDICATION.
cant land by a mere squatter does not work a
disseisin of the true owner, nor will such posOperation and effect of former adjudication, see session ripen into title, but to constitute ad"Judgment," $8 5, 6.
verse possession it must originate under claim or color of title having reference to some dis
tinct source from which it is claimed to have ADMINISTRATION.
been deraigned.- Jasperson v. Scharnikow (C.
C. A.) 571.
Particular proceedings or purposes.
Naturalization, see "Aliens," $ 2.
To show domicile giving jurisdiction to federal
court, see "Courts," $ 1. § 1. Remedies in personam and in rem.
*A proceeding in admiralty cannot be maintained against a vessel for the death of a per
AFFREIGHTMENT. son thereon as the result of negligence.
The Contracts, see “Shipping,” 3. Lotta (D. C.) 219. § 2. Parties, process, claims, and stipu- AFTER-ACQUIRED PROPERTY.
lations or other security. In a suit in rem for salvage, the vessel Mortgage of, see "Chattel Mortgages," $ 2; proceeded against may properly be permitted, by "Mortgages," § 1. analogy to admiralty rule 59, to bring in the vessel or individual whose neglect exposed her to the peril from which the salvors rescued her,
AGENCY. and both a vessel and an individual may be so brought in upon proper averments showing their See “Principal and Agent.” liability.-The No. K1 (C. C. A.) 111; The No. K9, Id.; The Wm. H. Flannery, Id.
AGREEMENT An attachment made in a suit in personam See “Contracts.” under admiralty rule 9 vacated where libelant waited for more than a year after the libel was filed before issuing process thereon, although
ALIENS. the respondent might readily have been found See "Indians." during that time within the district.-Shewan Removal of suits by or against aliens to United v. Hallenbeck (D. C.) 231.
States court, see "Removal of Causes," $ 2. § 3. Appeal.
§ 1. Exclusion or expulsion. The original owner of a vessel, who was Proceedings brought under the Chinese excluadjudged liable for the wages of the master sion act for the deportation of a Chinese person after she was stranded, held entitled to main are civil and not criminal, and a defendant tain an appeal to review the determination of claiming to be a native of the United States an issue between himself and the insurers, who may avail himself of the right given by Rev. were codefendants, as to the acceptance of an St. $ 863 [U. S. Comp. St. 1901, p. 661] to abandonment; that having been the only_mat- take and use depositions de bene esse.-In re ter in controversy in the case.-Hume v. Frenz Lam Jung Sing (D. C.) 608. (C. C. A.) 502.
§ 2. Naturalization.
*An alien who makes a false affidavit of ADOPTION.
naturalization in order to procure his registra
tion as a voter is guilty of the offense of falseTax on succession to adopted child, see "In-lly representing himself to be a citizen of the ternal Revenue."
United States for a fraudulent purpose, in vio* Point annotated. See syllabus.
lation of Rev. St. $ 5428 [U. S. Comp. St. 1901, Webster Coal & Coke Co. (C. C. A.) 48; Same v.
*An order of judgment finally determining a To constitute the offense of having in pos- particular suit is a final decision appealable unsession a false certificate of citizenship with in- der the act creating the Circuit Court of Aptent unlawfully to use the same, within the peals (Act March 3, 1891, c. 517, 26 Stat. 828, provision of Rev. St. § 5425 [U. S. Comp. St. § 6 [U. S. Comp. St. 1901, p. 549]), though 1901, p. 3669], it is not necessary that such it does not bar another action or proceeding in false' certificate be actually used for unlawful the same cause.-Stevens v. Nave-McCord Merpurpose.-Green v. United States (C. C. A.) 560. cantile Co. (C. C. A.) 71.
*An action by the United States to recover the ALLOWANCE.
penalty named in a forfeited recognizance given
for the appearance of the defendant in a crimiOf appeal or writ of error, see "Appeal and nal case is not a criminal proceeding, and the Error," § 2.
United States may prosecute a writ of error
judgment therein by the Circuit Court of ApALTERATION OF INSTRUMENTS.
peals.-United States v. Zarafonitis (C. C. A.)
97. See "Reformation of Instruments." As release of surety, see "Principal and Sure
*A decree entered after mandate from an apty,” 8 3.
pellate court, which adjudges subsequent issues
that were not determined by the earlier decree, AMENDMENT.
is subject to review by appeal.-McCourt v.
Singers-Bigger (C. C. A.) 102.
amended pleadings filed by stipulation and deOf pleading, see "Pleading," $ 2.
termined by the decree, an order setting aside Of record on appeal or writ of error, see "Ap- such decree and striking the amended pleadings peal and Error," $ 4.
from the files is a final disposition of the case
able.-Miocene Ditch Co. v. Moore (C. C. A.) AMOUNT IN CONTROVERSY.
483; Same v. Campion Mining & Trading Co., Id. Jurisdictional amount, see "Courts,” $ 1.
An order requiring a party to pay into the registry of the court money in its possession
which is the subject of litigation is interlocuANTICIPATION.
tory and not final, and is not appealable.-Nor
ris Safe & Lock Co. v. Manganese Steel Safe Of patent, see "Patents," $ 4.
Co. (C. C. A.) 577.
8 2. Requisites and APPEAL AND ERROR.
and proceedings for
transfer of cause. See "New Trial.”
An appeal is a matter of right, and does not
rest in the discretion of the court or judge.Review in actions for collision, see "Collision,” McCourt v. Singers-Bigger (C. C. A.) 102. Review of criminal prosecutions, see "Criminal 8 3. Supersedeas or stay of proceedings. Law," $ 3.
The taking of security on an appeal from a Review of proceedings in admiralty, see "Ad second decree which reforms the grant of relief miralty," $ 3.
and determines issues not adjudicated by the § 1. Decisions reviewable.
former decree on which the mandate of affirm*Where, in an action against a railroad com- ance issued supersedes the later decree, and depany for alleged violation of the interstate com- prives the inferior court of the power pending merce act, plaintiff obtained an order requiring the appeal to execute any part of it.-McCourt the corporation's officers and agents to produce v. Singers-Bigger (C. C. A.) 102. books and papers before and at the trial, such A supersedeas is a matter of right, and the order was a "final decision" in a collateral deci- only function of the judge is to determine whethsion, and reviewable on a writ of error.-Cas-er the security proffered is sufficient under Rev. satt v. Mitchell Coal & Coke Co. (C. C. A.) 32; St. $$ 1000, 1007, 1012 [U. S. Comp. St. 1901, Same v. Webster Coal & Coke Co. (C. C. A.) pp. 712, 714, 716].-McCourt v. Singers-Bigger 48; Same v. Pennsylvania Coal & Coke Co., (C. C. A.) 102. Id.
Where a judgment of a District Court has The term "final decision," as used in the judi- been affirmed by the Circuit Court of Appeals ciary act (Act March 3, 1891, c. 517, § 6, 26 and a mandate sent down, but the defeated Stat. 828 [U. S. Comp. St. 1901, p. 549]), held party has promptly applied for a writ of equivalent to the terms "final decree" or "final certiorari from the Supreme Court to review judgment," in the prior statutes.-Cassatt v. Mit- the decision of the Circuit Court of Appeals, chell Coal & Coke Co. (C. C. A.) 32; Same v. execution on the judgment will be stayed by
*Point annotated. See syllabus.
the District Court to await the termination of ARBITRATION AND AWARD.
Marshaling, see “Marshaling Assets and Se-
Of patent, see "Patents," $ 3.
was carried on and the assignor resided, al*The erroneous admission of evidence is not though actually made in another state.-Union prejudicial, where it was in line with other evi- Trust Co. v. Bulkeley (C. C. A.) 510. dence which was competent, and proved no new $ 2. Operation and effect. or other fact.-Smith v. Township of Au Gres, *An assignment of a subcontractor's bond to Michigan (C. C. A.) 257.
the owner, though absolute on its face, held *Where both parties in an action at law re- collateral only.-Wing & Bostwick Co. v. United quest an instruction directing a verdict, the find- States Fidelity & Guaranty Co. (C. C.) 672.
is , and the only question for review by an appellate $ 3. Rights and liabilities of parties. court is the correctness of the court's finding on tractor to subrogation to the right of the con
*The right of a surety of a government conthe law.-City of Defiance v. McGonigale (C. C. tractor to certain percentages reserved by the A.) 689.
government on estimates for work done prior
to an equitable assignment of the contract held APPEARANCE.
superior to the rights of the assignees.--Harda*The special appearance of a foreign corpora-way. & Prowell v. National Surety Co. (C. C.
463. tion defendant in a state court for the single purpose of insisting that no valid service has been made upon it is not a submission to the ASSIGNMENTS FOR BENEFIT OF claimed jurisdiction.-Lathrop-Shea & Henwood Co. v. Interior Const. & Imp. Co. (C. C.) 666.
See "Bankruptcy," $$ 3-8.
ASSOCIATIONS. roads," $ 3.
See "Trade Unions."
Bringing in members of as parties defendant, APPLICATION.
see "Parties," $ 1. Of assets and securities in general, see "Mar- Where a voluntary association creates a subshaling Assets and Securities."
sidiary or branch association as an instrumentality through which to accomplish certain
purposes, it is liable for the acts of such subAPPORTIONMENT.
sidiary association to the same extent as though Of salvage compensation, see "Salvage," § 2. ship.--Evenson v. Spaulding (C. C. A.) 517. APPRAISAL.
Effect of lease of homestead by bankrupt, see
"Homestead," $ 1. Effect of proceedings in bankruptcy, see "Bank- Retainer of attorney by bankrupt, see “Attorruptcy," $ 4.
ney and Client," $ 1. Exemptions, see "Homestead.”
§ 1. Petition, adjudication, warrant, In admiralty, see "Admiralty,” $ 2.
and custody of property-Invol
untary proceedings. ATTORNEY AND CLIENT.
*A creditor who has a voidable preference may
not be counted against the petitioner in comAttorney's fees as part of costs of administra- puting the number of creditors that must join tion of estate of bankrupt, see “Bankruptcy,” | in a petition for adjudication in bankruptcy
until he surrenders his preference.-Stevens v. Attorneys in fact, see "Principal and Agent." Nave-McCord Mercantile Co. (C. C. A.) 71.
*A preferred creditor may present or join in § 1. Retainer and authority. An attorney at law by virtue of a general re- but cannot be counted for the petition unless
a petition for an adjudication in bankruptcy, tainer acquires no authority to inject into a he surrenders his preference before the adjudicasuit against his client property in no way in- tion.-Stevens v. Nave-McCord Mercantile Co. volved in or connected with it, and then con- (C. C. A.) 71. sent to a disposition of that property by a compromise decree.-Miocene Ditch Co. v. Moore *The appointment of a receiver for an in(C. C. A.) 483; Same v. Campion Mining & solvent firm by a state court held an act of Trading Co., Id.
bankruptcy.-Beatty v. Andersen Coal Min. Co.
(C. C. A.) 293; In re Beatty, Id. General employment of an attorney by the receiver of a bankrupt held not to authorize the
The fact that the petition of a creditor who attorney to make a sale of the bankrupt's assets intervenes and joins in a petition in involuntary or receive the proceeds. Mason v. Wolkowich bankruptcy is defective in matter of form in (C. C. A.) 699: In re Mason, Id.; In re Rubin, setting out his claim is immaterial where the Id.; Wolkowich v. Mason, Id.
deficiency is supplied by the proof on the hear
ing.-Hays v. Wagner (C. C. A.) 533. *The question whether a solicitor in a pending suit has been guilty of misconduct or breach of involuntary bankruptcy himself becomes a bank
Where one of the petitioners in a petition in contract will not be determined on a motion for rupt before the hearing, his trustee may be subhis dispute, nor will a substitution be allowed with stituted in his place as petitioner. – Hays v.
Wagner (C. C. A.) 533. out his payment or the giving of security to protect his rights.-New York Phonograph Co. v. A petitioner in a proceeding in involuntary Edison Phonograph Co. (C. C.) 233.
bankruptcy, where the act of bankruptcy alleged is the making of an assignment under
the state law, does not become disqualified by AUTHORITY.
proving a different claim against the debtor in
the assignment proceedings after the filing of Of agent, see “Principal and Agent,” § 1.
the petition and pending a hearing thereon.Of attorney, see "Attorney and Client," § 1.
Hays v. Wagner (C. C. A.) 533.
§ 2. -- Warrant and custody of propBAIL.
Bankr. Act July 1, 1898. c. 541, 30 Stat. Adoption by federal court of state laws as to 547, $ 3e [U. S. Comp. St. 1901, p. 3423], conbail bonds, see "Courts," $ 1.
strued, and the bond thereby required from § 1. In criminal prosecutions.
petitioners in involuntary proceedings in which *A bail bond taken by a United States com- property is taken in charge pending the hearing, missioner held to sufficiently describe the offense conditioned for the payment of respondent's costs under Texas Code 1895, art. 309, as amended and expenses incident to such seizure in case by Acts 1899, p. 111, c. 74.-United States v. the petition is dismissed, held not to secure the Zarafonitis (C. C. A.) 97.
costs and expenses of one who subsequently
In re Spalding (C. C. A.) 120.
An alleged bankrupt whose property has been
seized, on the dismissal of the petition against See "Carriers," $ 2.
him, cannot split his demand and obtain an alEmbezzlement or larceny by bailee, see "Em- lowance of costs, counsel fees, and expenses, bezzlement."
under Bankr. Act 1898, $ 3e, 30 Stat. 547 [U.
S. Comp. St. 1901, p. 3423], and a further alBANKRUPTCY.
lowance for damages, under section 69a, 30
Stat. 565 [U. S. Comp. St. 1901, p. 3450]. Administration of business of bankrupt by re- Nixon v. Fidelity & Deposit Co. of Maryland ceiver, see "Receivers," $ 1.
(C. C. A.) 574. Competency of witness as to transactions with Under the authority given courts of bankdeceased bankrupt, see "Witnesses," $ 1. ruptcy by Bankr. Act July 1, 1898, c. 541, $
*Point annotated. See syllabus.