maintenance. and TAXATION. See "Customs Duties"; "Internal Revenue." *A description of land in an assessment roll TERMS. Of leases, see "Landlord and Tenant," § 1. *Where a company has obtained the right See "Wills." road with its tracks at grade.-Pennsylvania See "Larceny." See "Highways." STREETS. STRIKING OUT. Pleading, see "Pleading," § 2. SUPREME COURTS. See "Courts," § 3. SURRENDER. Of estate by bankrupt, see "Bankruptcy," § 4. Of written instrument for cancellation, see "Cancellation of Instruments." SURVIVAL. TESTAMENT. THEFT. TITLE. Effect of abandonment, see "Abandonment." TOBACCO. Internal revenue tax, see "Internal Revenue." TOOLS. Liability of employer for defects, see "Master and Servant," § 1. TORTS. Causing death, see "Death," § 1. Liabilities of particular classes of persons.. Of cause of action, see "Abatement and Re- See "Municipal Corporations," § 1. vival," § 1. TOWNS. See "Municipal Corporations"; "Schools and purchasers will not confuse the two products.- TRANSFER TAX. TRADE-MARKS AND TRADE-NAMES. See "Internal Revenue.” TREATIES. § 1. Title, conveyances, and contracts. tion. § 2. Infringement and unfair competiIndividual defendants whose name was Hall held entitled to use such name in the title of a corporation organized by them for the manufacture and sale of safes notwithstanding complainant's succession to the business and good will of the previously established Hall's Safe & Lock Company, provided it was not so used as to mislead the public into the belief that the products were those of such company or its successor against which complainant was entitled to an injunction.-Hall's Safe Co. v. Herring-Hall-Marvin Safe Co. (C. C. A.) 37. Stockholders in a corporation are not individually liable or subject to injunction because of unfair competition practiced alone by the corporation.-Hall's Safe Co. v. HerringHall-Marvin Safe Co. (C. C. A.) 37. TRESPASS TO TRY TITLE. See "Witnesses." TRIAL. Abandonment as question for jury, see "Aban- Proceedings incident to trials. Trial of actions by or against particular classes See "Carriers," §§ 2, 3; "United States," § 1. Deportation proceedings, see "Aliens." Trial of criminal prosecutions. Where, in the settlement of a suit for infringement of a trade-mark, complainant waived all claims against the defendant and its customers for past infringement a court of equity will not thereafter grant complainant relief against a contributory infringer.-Hillside Chemical Co. v. Munson & Co. (C. C.) 198. An artist has no such common-law right in pictures drawn by him and sold to another, *Parties may, by stipulation, by silent acwho published and copyrighted the same as to quiescence, or failure to except to admitted rulrender it unfair competition in trade for the ings, waive objections to inadmissible evidence. latter to publish other pictures depicting differ--Paine v. Willson (C. C. A.) 488. ent scenes merely because they contain characters in imitation of those in the earlier ones.Outcalt v. New York Herald (C. C.) 205. *A motion for preliminary injunction to restrain unfair competition by the imitation of complainant's packages will not be granted although such imitation is shown where there is evidence which, though disputed, tends to show that complainant has used its packages for an article different from that for which they were designed, of inferior quality and not made at the place thereon stated.-National Starch Co. v. Koster (C. C.) 259. Where articles of merchandise of the same kind are made by different manufacturers in the same city the name of which appears on the packages one having a long established reputation, a later manufacturer is required to exercise care to differentiate his packages so that § 1. Reception of evidence. 2. Taking case or question from jury, *A request by each party for the direction of a verdict in his favor held an affirmance by each that there was no substantial conflict in the evidence.-Love v. Scatcherd (C. C. A.) 1. *In passing upon a motion to direct a verdict, it is not the province of the judge to weigh the evidence, but if there is any substantial evidence which would support a verdict in favor of the party against whom the motion is made, it should be overruled.-Berry v. Chase (C. C. A.) 625. § 3. Instructions to jury. *In ejectment, an instruction on the defense of abandonment held not objectionable as withdrawing consideration of defendant's other defenses from the jury.-Lindblom v. Rocks (C. C. A.) 660. *Point annotated. See syllabus. The charge of a court considered, and held not to withdraw the question of defendant's negligence from the jury, but merely to express an opinion thereon.-Pittsburgh Ry. Co. v. Bloomer (C. C. A.) 720. § 4. Verdict. *Where, in a suit on a policy on which insurer was only liable for three-fourths of the amount of the loss, the complaint charged that the loss was adjusted at $10,335.75, a verdict for $10,000 and interest held not responsive to the issues.-Phoenix Assur. Co. v. Maryland Gold Mining & Development Co. (C. C. A.) 501. § 5. Trial by court. Where the court has made a separate special finding of facts, the recital of facts in the opinion constitutes no part of the finding, and cannot be invoked to assail it.-Webb v. National Bank of Republic of Chicago (C. C. A.) 717. Where the finding of the ultimate facts sustains the judgment and shows that it is based on all the evidence, and other facts are not necessarily inconsistent with the ultimate facts found, they present no ground for reversal. Webb v. National Bank of Republic of Chicago (C. C. A.) 717. An exception to each, all, and every of said findings, conclusion, and judgment, after a judgment on special findings by the court, is of no avail in the absence of any objection, exception, or request for a declaration of law.-Webb v. National Bank of Republic of Chicago (C. C. A.) 717. § 2. Construction and operation. Where the terms of a trust agreement are not of doubtful import or meaning the right of the trustee to insist on a compliance with the same is not affected by the fact that through neglect or misapprehension of its duty it has in the past done or permitted acts which were not justified by the terms of the trust.-Delaware Securities Co. v. Metropolitan Trust Co. (C. C.) 600. A corporation which had pledged stocks with a trustee as security for its bonds held not entitled under the trust agreement to a proxy to vote such stocks until it had fully complied with the agreement on its own part.-Delaware Securities Co. v. Metropolitan Trust Co. (C. C.) 600. cure bonds is entitled to proxies to vote the Where a pledgor of stocks in trust to sestock for purposes not inconsistent with the trust agreement the trustee in giving such proxies has the right to limit their terms so far as reasonably necessary to make it impossible for the pledgor to vote the stock for any purpose which would be inconsistent with the terms of the trust.-Delaware Securities Co. v. Metropolitan Trust. Co. (C. C.) 600. § 3. Management and disposal of trust property. Deeds by testamentary trustees after their authority had expired by limitation held void. -Anderson v. Messinger (C. C. A.) 929. UNDISCLOSED AGENCY. *Where the facts are agreed on, they are the equivalent of facts found by the court.-Ander- See "Prncipal and Agent," § 1. . son v. Messinger (C. C. A.) 929. Where the facts material to the judgment were agreed on, a recital that the court finds UNFAIR COMPETITION. the issues of the case with the defendant should See "Trade-Marks and Trade-Names," § 2. be construed to refer to the issues of law.Anderson v. Messinger (C. C. A.) 929. § 6. Waiver and correction of irregu larities and errors. *Where, after moving for a nonsuit at the close of plaintiff's case, defendant proceeded to introduce evidence in its own behalf, the motion was waived.-Northwestern S. S. Co. v. Griggs (C. C. A.) 472. TRIAL OF RIGHT OF PROPERTY. See "Attachment," § 2. TRUSTEE PROCESS. See "Garnishment." TRUSTS. UNITED STATES. In a proceeding against the United States to recover a tobacco rebate, it was sufficient for the trial judge, under Tucker Act (Act Cong. March 3, 1887, c. 359, § 7. 24 Stat. 505 LU. S. Comp. St. 1901, p. 755]) to refuse the government's requests for findings and rulings in gross.-United States v. Hyams (C. C. A.) 15. In a suit to recover a tobacco tax rebate, the filing of a decree for petitioner containing findings of fact sufficient to support the court's conclusions and an opinion held a sufficient com Trust deeds, see "Chattel Mortgages"; "Mort- pliance with Tucker Act (Act Cong. March 3, gages." 1. Creation, existence, and validity. *Trust construed and held to terminate on testator's youngest son becoming 25 years of age.-Anderson v. Messinger (C. C. A.) 929. 1887, c. 359, § 7, 24 Stat. 505 [U. S. Comp. St. 1901, p. 755]).-United States v. Hyams (C. C. A.) 15. An objection that a claim against the United States was unsustainable because not reveri *Point annotated. See syllabus. fied after the correction of an error in compu- | the doctrine of bona fide purchaser.-Lindblom tation held to involve a finding of fact, and was v. Rocks (C. C. A.) 660. therefore not reviewable on writ of error.-United States v. Hyams (C. C. A.) 15. Where, on a writ of error, neither the proofs nor the requests of plaintiff in error for findings of fact were brought up, the findings of the trial court could not be reviewed.-United States v. Hyams (C. C. A.) 15. VENDOR AND PURCHASER. See "Sales." VERDICT. Directing verdict in civil actions, see "Trial," In civil actions, see "Trial," § 4. VICE PRINCIPALS. Specific performance of contract, see "Specific See "Master and Servant," § 1. Performance." VILLAGES. 1. Requisites and validity of contract. *An option to purchase is a continuing offer by the vendor to sell and its acceptance by the See "Municipal Corporations." vendee completes the contract, and estops the vendee from subsequently repudiating it.-Castle Creek Water Co. v. City of Aspen (C. C. A.) 8. *Where a purchaser is induced by fraud that the bargain was a good one is no reason for refusing to relieve the purchaser.-Mather v. Barnes, Keighley & Greer (C. C.) 1000. *Where a vendee examines the property before fraud is practiced upon him such examination has the same effect as none at all.-Mather v. Barnes, Keighley & Greer (C. C.) 1000. *Where a purchaser does not rest on the statements of the vendor but makes an independent investigation misrepresentations in such statements held not binding.-Mather v. Barnes, Keighley & Greer (C. C.) 1000. *Where means of knowledge are equally open WAGERS. See "Gaming," § 1. WAGES. Of seaman, see "Seamen." WAIVER. Of objections at trial, see "Trial," § 6. WAR. to both parties a purchaser cannot be heard to See "Army and Navy." WARDS. *Misrepresentation as to material facts by See "Guardian and Ward." which a purchase is induced held a fraud.Mather v. Barnes, Keighley & Greer (C. C.) 1000. *Qualified representations of vendor held "trade talk" and not ground for rescission of the grant as fraudulent.-Mather v. Barnes, Keighley & Greer (C. C.) 1000. § 2. Modification or rescission of con tract. *Substantial restoration authorizing rescission is shown where vendee gets back what he parted with and the other party gives up what be got unchanged.-Mather v. Barnes, Keighley & Greer (C. C.) 1000. *Refusal of rescission of a sale on the ground that the status quo could not be restored held not justified by the evidence. Mather v. Barnes, Keighley & Greer (C. C.) 1000. WARRANTY. By insured, see "Insurance," § 1. WATERS AND WATER COURSES. Removal to federal court of suit to restrain diversion of water, see "Removal of Causes,' § 2. lands. Specific performance of contract to purchase waterworks, see "Specific Performance," § 1. 1. Appropriation of rights in public water rights and commenced the construction of *Where complainants appropriated certain a pipe line and ditch in 1901, the fact that the ditch was not completed across certain mining claims prior to their location in 1902 did not affect complainants' right to condemn a right of way over such claims.-Miocene Ditch Co. v. Jacobsen (C. C. A.) 680. *Point annotated. See syllabus. § 3. Rights and liabilities of parties. 146 F.-68 |