INDEX.

ABATEMENT AND REVIVAL. ment to which they were chartered, the accounts

will be deemed stated between the parties.-
1. Another action pending.

Morse Dry Dock & Repair Co. v. Munson S. S.
*The pendency of another action between the Line (D. C.) 150.
came parties for the same cause in a state court
s not a bar to an action in a federal court.-

ACTION.
Iarton v. Howley (C. C.) 491.
*The pendency of a suit in a state court to Jurisdiction of courts, see "Courts.”

Abatement, see "Abatement and Revival."
btain a judgment in personam is not a bar to Laches, see "Equity," $ 2.

”
ederal court involving the same subject-matter. Limitation by statute, see “Limitation of Ac-
-Weir v. Winnett (C. C.) 824.

tions."
Pendency of action, see "Abatement and Re-

vival," § 1.
ABETTORS..

Actions between parties in particular relations.
Criminal responsibility, see "Criminal Law," See “Master and Servant,” § 1
§ 1.

Actions by or against particular classes of

persons.
ACCESSION.

See "Carriers," $$ 2, 3; "Schools and School
ntermixture of goods of same kind, see “Con-

Districts," § 1; “United States," $ 1.
fusion of Goods."

Stockholders, see "Corporations," $ 1.
Trustee in bankruptcy, see "Bankruptcy,” £ 6.

Enforcement of railroad rates, see “Carriers,” | the whole for his landlord, the effect was ar § 1.

abandonment of his own possession, and there Enforcement or foreclosure of lien, see "Mari- after his possession was that of his landlord

time Liens," § 1; “Mechanics' Liens," $ 3. referable to the entry and extending to the whol Establishment and enforcement of trust, see tract under Shannon's Code Tenn. $$ 4456"Trusts," § 2.

4458, although he did not extend his actual in Foreclosure of mortgage, see "Mortgages," § 2. closures.-Bell v. North American Coal & Cok Preventing closing of inlet in navigable waters, Co. (C. C. A.) 712.

see "Navigable Waters," § 1.
Rescission of sale to bankrupt, see "Bank- 8 2. Operation and effect.
ruptcy," § 6.

*When a tenant is placed in possession of Setting aside fraudulent conveyance,

definite part of a larger tract of land, the pos

see "Fraudulent Conveyances," $ 1.

session will not avail the landlord beyond th

part so claimed and held; but if one claimin Particular proceedings in actions. under an assurance of title defining boundarie See “Appearance"; “Costs”; “Damages"; place a tenant in possession without limiting

"Judgment"; "Jury"; "Limitation of Achim to any definite part, the tenant's possessio
tions": "Pleading"; "Process": "Refer- will extend to the landlord's boundaries, a
ence";' "Removal of 'Causes"; "Trial.” though the land actually occupied is but a smal

part of the whole.-Bell v. North American Coa
Particular remedies in or incident to actions. & Coke Co. (C. C. A.) 712.
See "Injunction."
Proceedings in exercise of special or limited

AFFIDAVITS.
jurisdictions.
Criminal prosecutions, see “Criminal Law.”

Particular proceedings or purposes. Suits in admiralty, see "Maritime Liens,” § 1; Preliminary affidavit or information for con "Shipping," $ 6.

tempt, see "Contempt," $ 2. Suits in equity, 'see Equity.”

Verification of pleading in suit for injunction

see "Injunction," $ 3. Review of proceedings.

Verification of specifications to bankrupt's dis-
See "Appeal and Error”; “Equity," $ 4; charge, see "Bankruptcy," § 14.

"Judgment," $ 1.
§ 1. Grounds and conditions precedent.

AFFREIGHTMENT.
When it is sought to enforce a statutory right
in another jurisdiction, any restriction or limi- Contracts, see "Shipping," $ 3.
tation upon such right imposed by the statute
which created it must also be given effect.-
Coyne v. Southern Pac. Co. (C. C.) 683.

AGENCY.

See "Principal and Agent."
ACT OF GOD.
As, excuse for, nonperformance of contract, see

AGREEMENT.
“Contracts," § 3.

See “Contracts."
ADEQUATE REMEDY AT LAW.

.

AIDERS AND ABETTORS.
Effect on jurisdiction of equity, see "Equity,"
$$ 1, 3.

Criminal responsibility, see "Criminal Law,

$ 1.
ADMINISTRATION.

ALASKA.
Of estate of bankrupt, see "Bankruptcy," § 5. Appealability of orders of district court of, a

dependent on_finality of determination, se ADMIRALTY.

“Appeal and Error," § 1.

Jurisdiction of United States district court d See "Collision”; “Maritime Liens"; "Salvage”;

prosecution for gambling within limits "Shipping"; "Towage.

town in Alaska, see “Criminal Law," $ 2.

ALIENS.
ADVERSE POSSESSION.

aited states anyo alieno moman or girl for the "Under scircuit Tourt of Appeals rule No. 11, rpose of prostitution or for any other immoral the court held to have the right to notice plain rpose," the words "any other immoral pur- errors not assigned.-A. Santaella & Co. v. Otto se" must be construed with reference to the F. Lange Co. (C. C. A.) 719. eceding word "prostitution," and to relate only

a like immoral purpose, and so construed 86. Review. nnot be held to include concubinage.-United

*Where the whole testimony has not been incates v. Bitty (C. C.) 938.

corporated in the record, it will be presumed that such testimony preponderates in favor of,

and sustains the judgment of, the trial court.AMENDMENT.

Vera Cruz & P. R. Co. v. Waddell (C. C. A.)

401. i application for patent, see "Patents," $ 2. *Where specific findings of fact were made

petition in bankruptcy, see "Bankruptcy,” by the trial court, and not excepted to, and the $ 1.

evidence is not all incorporated in the record,

such findings will be taken as true, and the apANSWER.

pellate court will not reverse, unless it finds the

judgment rendered to be contrary to the facts pleading, see "Equity," $ 3.

so found.-Vera Cruz & P. R. Co. v. Waddell (C. C. A.) 401.

*It is not reversible error that improper eviAPPEAL AND ERROR.

dence was not formally excluded where the trial eview in bankruptcy proceedings, see “Bank- P. R. Co. v. Waddell (C. C. A.) 401.

was to the court without a jury.- Vera Cruz & ruptcy,” 88 6, 16.

*Reversal of the lower court's judgment as to 1. Decisions reviewable.

the facts will only be made when such judgment An order made by a District Court of Alaska, is shown to be against the clear preponderating tting aside a prior judgment of such court weight of all the evidence.- Vera Cruz & P. R. nd granting a new trial, is not appealable un- Co. v. Waddell (C. C. A.) 401. r Code Alaska, pt. 4, c. 51, $ 504, which gives e right of appeal from a "final judgment or der," but such order may be reviewed on ap

APPEARANCE. al by the Circuit Court of Appeals for want jurisdiction in the court to make it.-Nelson By attorney, see "Attorney and Client,” $ 1. Meehan (C. C. A.) 1. 2. Presentation and reservation in

The objection that a court is without jurislower court of grounds of review. diction of a suit for infringement of a patent The question of want of mutuality in a con- because not brought in the district of which deact held properly raised by the record.-A. fendant is an inhabitant, or a district in which antaella & Co. v. Otto F. Lange Co. (C. C. A.) infringement was committed, and defendant has 9.

a regular and established place of business, if

apparent on the face of the pleadings, is waivA motion for a new trial is not essential in ed by the filing of a general demurrer or any federal court to entitle a party to a review other act which constitutes a general appear

the judgment on writ of error by the Cir- ance.-Thomson-Houston Electric Co. v. Elecit Court of Appeals.-Aaron v. United States trose Mfg. Co. (C. C.) 543. . C. A.) 833. 3. Requisites and proceedings for

APPLIANCES. transfer of cause. The six months allowed by statute for suing at a writ of error for the review of a judgment Liability of employer for defects, see “Master

ARBITRATION AND AWARD.

. termine the ownership of the stock under_ar

agreement to which it was not a party.--Du. See "Reference.”

vall v. Sulzner (C. C.) 910. § 1. Submission.

In an arbitration proceeding to settle dif. A written contract inter partes, as an agree-ferences between an interstate carrier and its ment for arbitration stating questions to be sub- employés under Act June 1, 1898, c. 370, 30 mitted and determined must primarily be in- Stat. 424 [U. S. Comp. St. 1901, p. 3205], terpreted by its language taken in its ordinary where exceptions to the award are taken, the and accepted meaning, and if that language is Circuit Court cannot enter judgment until the plain and unambiguous in itself there is no appeal provided for by section 4 has been deroom for construction, but it, will be held to termined or the time for such appeal has ex. mean precisely what its terms imply.-In re pired.-In re Southern Pac. Co. (C. C.) 1001. Southern Pac. Co. (C. C.) 1001. An arbitration of differences between an in

ARMY AND NAVY.
terstate carrier and its employés under Act
June 1, 1898, c. 370, 30 Stat. 424 [U. S. Comp.
St. 1901, p. 3205], is essentially a common-law

The provision of Rev. St. $ 5438 (U. S. Comp on

/ 1901, p, it an to ment of arbitration entered