ADVERSE POSSESSION. 1. Nature and requisites. *The taking possession and occupancy of vacant land by a mere squatter does not work a disseisin of the true owner, nor will such pos Operation and effect of former adjudication, see session ripen into title, but to constitute ad"Judgment," §§ 5, 6. ADMINISTRATION. Of estate of bankrupt, see "Bankruptcy," § 5. ADMIRALTY. See "Collision"; "Salvage"; "Shipping." § 1. Remedies in personam and in rem. *A proceeding in admiralty cannot be maintained against a vessel for the death of a person thereon as the result of negligence. The Lotta (D. C.) 219. § 2. Parties, process, claims, and stipulations or other security. verse possession it must originate under claim or color of title having reference to some distinct source from which it is claimed to have been deraigned.-Jasperson v. Scharnikow (C. C. A.) 571. AFFIDAVITS. Particular proceedings or purposes. To show domicile giving jurisdiction to federal AFFREIGHTMENT. Contracts, see "Shipping," § 3. AFTER-ACQUIRED PROPERTY. Mortgage of, see "Chattel Mortgages," § 2; "Mortgages," § 1. AGENCY. In a suit in rem for salvage, the vessel proceeded against may properly be permitted, by 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, 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 the respondent might readily have been found during that time within the district.-Shewan v. Hallenbeck (D. C.) 231. 3. Appeal. The original owner of a vessel, who was adjudged liable for the wages of the master after she was stranded, held entitled to maintain an appeal to review the determination of an issue between himself and the insurers, who were codefendants, as to the acceptance of an abandonment; that having been the only matter in controversy in the case.-Hume v. Frenz (C. C. A.) 502. ADOPTION. See "Indians." ALIENS. Removal of suits by or against aliens to United States court, see "Removal of Causes," § 2. 1. Exclusion or expulsion. Proceedings brought under the Chinese exclusion act for the deportation of a Chinese person are civil and not criminal, and a defendant claiming to be a native of the United States may avail himself of the right given by Rev. St. § 863 [U. S. Comp. St. 1901, p. 661] to take and use depositions de bene esse.-In re Lam Jung Sing (D. C.) 608. § 2. Naturalization. *An alien who makes a false affidavit of naturalization in order to procure his registration as a voter is guilty of the offense of falseUnited States for a fraudulent purpose, in vio Tax on succession to adopted child, see "In- ly representing himself to be a citizen of the ternal Revenue." *Point annotated. See syllabus. lation of Rev. St. § 5428 [U. S. Comp. St. 1901, p. 3670].-Green v. United States (C. C. A.) 560. To constitute the offense of having in possession a false certificate of citizenship with intent unlawfully to use the same, within the provision of Rev. St. § 5425 [U. S. Comp. St. 1901, p. 3669], it is not necessary that such false certificate be actually used for unlawful purpose.-Green v. United States (C. C. A.) 560. ALLOWANCE. Webster Coal & Coke Co. (C. C. A.) 48; Same v. *An order of judgment finally determining a particular suit is a final decision appealable under the act creating the Circuit Court of Appeals (Act March 3, 1891, c. 517, 26 Stat. 828, § 6 [U. S. Comp. St. 1901, p. 549]), though it does not bar another action or proceeding in the same cause.-Stevens v. Nave-McCord Mercantile Co. (C. C. A.) 71. *An action by the United States to recover the penalty named in a forfeited recognizance given for the appearance of the defendant in a crimi Of appeal or writ of error, see "Appeal and nal case is not a criminal proceeding, and the Error," § 2. ALTERATION OF INSTRUMENTS. See "Reformation of Instruments." As release of surety, see "Principal and Surety,”§ 3. AMENDMENT. Amendment as to parties, see "Parties," § 2. Of petition for removal of cause, see "Removal of Causes," § 3. Of pleading, see "Pleading," § 2. United States may prosecute a writ of error to a Circuit Court for a review of an adverse judgment therein by the Circuit Court of Appeals.-United States v. Zarafonitis (C. C. A.) 97. *A decree entered after mandate from an appellate court, which adjudges subsequent issues that were not determined by the earlier decree, is subject to review by appeal.-McCourt v. Singers-Bigger (C. C. A.) 102. Where property rights not originally involved in a suit were subsequently brought in by amended pleadings filed by stipulation and determined 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. AMOUNT IN CONTROVERSY. Jurisdictional amount, see "Courts," § 1. ANTICIPATION. Of patent, see "Patents," § 4. APPEAL AND ERROR. See "New Trial." Review in actions for collision, see "Collision," Review of criminal prosecutions, see "Criminal Review of proceedings in admiralty, see "Ad- § 1. Decisions reviewable. *Where, in an action against a railroad company for alleged violation of the interstate commerce act, plaintiff obtained an order requiring the corporation's officers and agents to produce books and papers before and at the trial, such order was a "final decision" in a collateral decision, and reviewable on a writ of error.-Cassatt v. Mitchell Coal & Coke Co. (C. C. A.) 32; Same v. Webster Coal & Coke Co. (C. C. A.) 48; Same v. Pennsylvania Coal & Coke Co., Id. The term "final decision," as used in the judiciary act (Act March 3, 1891, c. 517, § 6, 26 Stat. 828 [U. S. Comp. St. 1901, p. 549]), held equivalent to the terms "final decree" or "final judgment," in the prior statutes.-Cassatt v. Mitchell Coal & Coke Co. (C. C. A.) 32; Same v. from the files is a final disposition of the case as to the matters set up therein, and is appealable.-Miocene Ditch Co. v. Moore (C. C. A.) 483; Same v. Campion Mining & Trading Co., Id. An order requiring a party to pay into the registry of the court money in its possession which is the subject of litigation is interlocutory and not final, and is not appealable.-Norris Safe & Lock Co. v. Manganese Steel Safe Co. (C. C. A.) 577. § 2. Requisites and proceedings for An appeal is a matter of right, and does not rest in the discretion of the court or judge.McCourt v. Singers-Bigger (C. C. A.) 102. § 3. Supersedeas or stay of proceedings. The taking of security on an appeal from a second decree which reforms the grant of relief and determines issues not adjudicated by the former decree on which the mandate of affirmance issued supersedes the later decree, and deprives the inferior court of the power pending the appeal to execute any part of it.-McCourt V. Singers-Bigger (C. C. A.) 102. A supersedeas is a matter of right, and the only function of the judge is to determine whether the security proffered is sufficient under Rev. St. §§ 1000, 1007, 1012 [U. S. Comp. St. 1901, pp. 712, 714, 716].-McCourt v. Singers-Bigger (C. C. A.) 102. Where a judgment of a District Court has been affirmed by the Circuit Court of Appeals and a mandate sent down, but the defeated party has promptly applied for a writ of certiorari from the Supreme Court to review the decision of the Circuit Court of Appeals. execution on the judgment will be stayed by *Point annotated. See syllabus. the District Court to await the termination of such application.-Boston & M. R. Co. v. Gokey (D. C.) 686. § 4. Record and proceedings not in record. ARBITRATION AND AWARD. See "Reference." *Under a writ of certiorari from an appel- See "Bail.” late court, made on a suggestion of a diminution of the record, directing the court below to correct and complete the record, that court has ARREST. ASSESSMENT. authority by a nunc pro tunc entry to make Of loss on insured, see "Insurance," § 3. any changes in the record necessary to make it conform to the facts and recite accurately what was done.-Hays v. Wagner (C. C. A.) 533. ASSETS. § 5. Review. *Where both parties moved for a directed verdict, the finding cannot be disturbed, if there is any substantial evidence to support the several issues on which it depended.-Bankers' Mut. Casualty Co. v. State Bank of Goffs (C. C. A.) 78. *Defendant held not prejudiced by the exclusion of certain questions calling for a witness' opinion as to whether certain compressors in controversy were suitable for the purpose for which they were installed.-Mathieson Alkali Works v. Mathieson (C. C. A.) 241. *The erroneous admission of evidence is not prejudicial, where it was in line with other evidence which was competent, and proved no new or other fact.-Smith v. Township of Au Gres, Michigan (C. C. A.) 257. *Where both parties in an action at law request an instruction directing a verdict, the finding of the court upon the facts is conclusive, and the only question for review by an appellate court is the correctness of the court's finding on the law. City of Defiance v. McGonigale (C. C. A.) 689. APPEARANCE. *The special appearance of a foreign corporation 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 claimed jurisdiction.-Lathrop-Shea & Henwood Co. v. Interior Const. & Imp. Co. (C. C.) 666. APPLIANCES. Use of safety appliances by railroad, see "Railroads," § 3. APPLICATION. Of assets and securities in general, see "Marshaling Assets and Securities." Marshaling, see "Marshaling Assets and Securities. ASSIGNMENTS. In bankruptcy, see "Bankruptcy," §§ 3-8. § 1. Requisites and validity. *An assignment of accounts and bills receivable by a man in business, which remained in his possession, held governed as to its validity by the law of the state where the business was carried on and the assignor resided, although actually made in another state.-Union Trust Co. v. Bulkeley (C. C. A.) 510. § 2. Operation and effect. *An assignment of a subcontractor's bond to the owner, though absolute on its face, held collateral only.-Wing & Bostwick Co. v. United States Fidelity & Guaranty Co. (C. C.) 672. § 3. Rights and liabilities of parties. tractor to subrogation to the right of the con*The right of a surety of a government contractor to certain percentages reserved by the government on estimates for work done prior to an equitable assignment of the contract held superior to the rights of the assignees.-Hardaway & Prowell v. National Surety Co. (C. C. A.) 465. ASSIGNMENTS FOR BENEFIT OF CREDITORS. See "Bankruptcy," §§ 3-8. ASSOCIATIONS. See "Trade Unions." Bringing in members of as parties defendant, see "Parties," § 1. Where a voluntary association creates a subsidiary or branch association as an instrumentality through which to accomplish certain purposes, it is liable for the acts of such subsidiary association to the same extent as though such acts had been done by the entire memberOf salvage compensation, see "Salvage," § 2. ship.-Evenson v. Spaulding (C. C. A.) 517. APPORTIONMENT. APPRAISAL. ASSUMPTION. Of merchandise subject to duty, see "Customs Of risk by employé, see "Master and Servant," Duties," 4. § 1. *Point annotated. See syllabus. ATTACHMENT. 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. Exemptions, see "Homestead." In admiralty, see "Admiralty," § 2. ATTORNEY AND CLIENT. Attorney's fees as part of costs of administration of estate of bankrupt, see "Bankruptcy," § 7. Attorneys in fact, see "Principal and Agent." § 1. Retainer and authority. An attorney at law by virtue of a general retainer acquires no authority to inject into a suit against his client property in no way involved in or connected with it, and then consent to a disposition of that property by a compromise decree.-Miocene Ditch Co. v. Moore (C. C. A.) 483; Same v. Campion Mining & Trading Co., Id. General employment of an attorney by the receiver of a bankrupt held not to authorize the attorney to make a sale of the bankrupt's assets or receive the proceeds.-Mason v. Wolkowich (C. C. A.) 699: In re Mason, Id.; In re Rubin, Id.; Wolkowich v. Mason, Id. *The question whether a solicitor in a pending suit has been guilty of misconduct or breach of contract will not be determined on a motion for his summary discharge where the facts are in dispute, nor will a substitution be allowed without his payment or the giving of security to protect his rights.-New York Phonograph Co. v. Edison Phonograph Co. (C. C.) 233. AUTHORITY. Of agent, see "Principal and Agent," § 1. Of attorney, see "Attorney and Client," § 1. BAIL. ney and Client," § 1. § 1. Petition, adjudication, warrant, and custody of property-Involuntary proceedings. *A creditor who has a voidable preference may not be counted against the petitioner in computing the number of creditors that must join in a petition for adjudication in bankruptcy until he surrenders his preference.-Stevens v. Nave-McCord Mercantile Co. (C. C. A.) 71. *A preferred creditor may present or join in a petition for an adjudication in bankruptcy, but cannot be counted for the petition unless he surrenders his preference before the adjudication.-Stevens v. Nave-McCord Mercantile Co. (C. C. A.) 71. *The appointment of a receiver for an insolvent firm by a state court held an act of bankruptcy.-Beatty v. Andersen Coal Min. Co. (C. C. A.) 293; In re Beatty, Id. The fact that the petition of a creditor who intervenes and joins in a petition in involuntary bankruptcy is defective in matter of form in setting out his claim is immaterial where the deficiency is supplied by the proof on the hearing.-Hays v. Wagner (C. C. A.) 533. involuntary bankruptcy himself becomes a bankWhere one of the petitioners in a petition in rupt before the hearing, his trustee may be substituted in his place as petitioner. Hays v. Wagner (C. C. A.) 533. A petitioner in a proceeding in involuntary bankruptcy, where the act of bankruptcy alleged is the making of an assignment under the state law, does not become disqualified by proving a different claim against the debtor in the assignment proceedings after the filing of the petition and pending a hearing thereon.Hays v. Wagner (C. C. A.) 533. § 2. Warrant and custody of prop erty. 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 petitioners in involuntary proceedings in which property is taken in charge pending the hearing, conditioned for the payment of respondent's costs and expenses incident to such seizure in case the petition is dismissed, held not to secure the costs and expenses of one who subsequently comes into the proceedings as a respondent.In re Spalding (C. C. A.) 120. 1. In criminal prosecutions. *A bail bond taken by a United States commissioner held to sufficiently describe the offense under Texas Code 1895, art. 309, as amended by Acts 1899, p. 111. c. 74.-United States v. Zarafonitis (C. C. A.) 97. BAILMENT. See "Carriers," § 2. An alleged bankrupt whose property has been seized, on the dismissal of the petition against him, cannot split his demand and obtain an al Embezzlement or larceny by bailee, see "Em- lowance of costs, counsel fees, and expenses, bezzlement.' BANKRUPTCY. Administration of business of bankrupt by receiver, see "Receivers," § 1. Competency of witness as to transactions with deceased bankrupt, see "Witnesses," § 1. under Bankr. Act 1898, § 3e, 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423], and a further allowance for damages, under section 69a, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3450].Nixon v. Fidelity & Deposit Co. of Maryland (C. C. A.) 574. Under the authority given courts of bankruptcy by Bankr. Act July 1, 1898, c. 541, § *Point annotated. See syllabus. 2(5), 30 Stat. 546 [U. S. Comp. St. 1901, p. | Bankruptcy court held to have jurisdiction un3421], to continue the business of bankrupts by receivers, they have implied power to authorize the issuance of receivers' certificates to provide funds necessary for operating expenses. In re Erie Lumber Co. (D. C.) 817. A mortgagee of a bankrupt who has notice of and participates in the bankruptcy proceedings and makes no objection to the appointment of receivers to continue the bankrupt's business, but does business with the receivers, is thereby precluded from insisting on the priority of his mortgage over the operating expenses or other obligations incurred by the receivers under orders of the court.-In re Erie Lumber Co. (D. C.) 817. § 3. Assignment, administration, and A trustee in bankruptcy unaffected by fraud, and wherein no attachments and executions have been levied on the property of the bankrupt, stands in the latter's shoes. In re Blake (C. C. A.) 279. A membership in the New York Stock Exchange held property, which passed to the member's trustee in bankruptcy, notwithstanding a prior assignment by him which rendered a proceeding between the trustee and the assignee in the bankruptcy court to determine the right thereto a "proceeding in bankruptcy," and an order made therein granting an interlocutory injunction reviewable only on petition to revise, under Bankr. Act July 1, 1898, c. 541, § 24b, 30 Stat. 553 [U. S. Comp. St. 1901, p. 3432]. O'Dell v. Boyden (C. C. A.) 731. § 4. Preferences and transfers by bankrupt, and attachments and other liens. The lien of a township on a bankrupt's stock of goods held not lost by the fact that it accepted a chattel mortgage which was unenforceable as a preference.-Smith v. Township of Au Gres, Michigan (C. C. A.) 257. Where a bankrupt used trust funds with which to purchase goods for sale in his merchandise business, and so commingled the goods that he was unable to distinguish the goods so purchased, the cestui que trust was entitled to an equitable lien on the proceeds of a sale of the whole mass as against general creditors, who were only entitled to share in the surplus.Smith v. Township of Au Gres, Michigan (C. C. A.) 257. A mortgage executed by a bankrupt to secure misapplication of trust funds held to constitute a preference, which could not be enforced.-Smith v. Township of Au Gres, Michigan (C. C. A.) 257. A court of bankruptcy may by consent obtain jurisdiction to determine a controversy between the trustee and an adverse claimant, concerning a debt of a third party.-In re Blake (C. C. A.) 279. der circumstances to hear issues and render judg- A parol assignment of choses in action as security by a bankrupt prior to the bankruptcy may be established by the testimony of the parties alone where such testimony is uncontradicted and credible, the witnesses are not impeached, and there are no circumstances which cast doubt upon their truthfulness.Union Trust Co. v. Bulkeley (C. C. A.) 510. *A parol assignment of notes and accounts to secure an indorser is valid as against the trustee in bankruptcy of the assignor where made and acted on by the assignee in good faith.-Union Trust Co. v. Bulkeley (C. C. A.) 510. *The failure to record a deed or mortgage until after the bankruptcy of the grantor, which instrument is valid as between the parties, under Civ. Code Cal. § 1217, does not render it voidable as a preference under Bankr. Act July 1, 1898. c. 541, § 60b, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445], as amended by Act Feb. 5, 1903, c. 487, § 13, 32 Stat. 799 [U. S. Comp. St. Supp. 1905, p. 689], nor can it be set aside as fraudulent where there was no agreement to withold it from record or active concealment. In re McIntosh (C. C. A.) 546. § 5. Administration of estate. A creditor who holds a voidable preference has a provable claim, but which he may not be allowed or vote on until he has surrendered his preference.-Stevens v. Nave-McCord Mercantile Co. (C. C. A.) 71. Aside from statutory jurisdiction, the federal District Court has equitable jurisdiction to pro tect its receivers and enforce contracts made by them.-Mason v. Wolkowich (C. C. A.) 699; In re Mason, Id.; In re Rubin, Id.; Wolkowich v. Mason, Id. Act of a bankrupt's trustee in applying to the court for an order directing payment to him of the proceeds of an unauthorized sale of the bankrupt's assets, which was duly granted, held an affirmance of the sale.-Mason v. Wolkowich (C. C. A.) 699; In re Mason, Id.; In re Rubin, Id.; Wolkowich v. Mason, Id. A court of bankruptcy held authorized to compel the delivery of the proceeds of a sale of a bankrupt's assets to the trustee, under Bankr. Act July 1, 1898, c. 541, § 2(7), 30 Stat. 545 [U. S. Comp. St. 1901, p. 3420].-Mason v. WolkoRubin, Id.; Wolkowich v. Mason, Id. wich (C. C. A.) 699; In re Mason, Id.; In re Where a receiver is directed to make a sale of assets by the court appointing him, the parties *Point annotated. See syllabus. |