ADVERSE POSSESSION. Laws discriminating against sheep industry as denying equal protection of law, see "ConstiSee "Limitation of Actions." tutional Law," $ 6. Laws relating to grazing as denial of due pro§ 1. Nature and requisites. cess of law, see "Constitutional Law," $ 7. Railway company which has complied with Quarantine regulations interfering with interterms of congressional land grant, after ac- state commerce, see "Commerce," $ 3. ceptance of a grant by the state, has such title to lands within the limits of the grant that limitations will run against it in favor of ANTI-TRUST LAW. adverse holder, notwithstanding want of final certificate and patent.-Iowa R. Land Co. v. See “Monopolies," $ 1. Blumer, 769. Knowledge of rejection of first timber cul APPEAL AND ERROR. ture entry of land within place limits of railway grant does not require imputation of bad faith See "Certiorari”; “Exceptions, Bill of.” to entryman in going into possession under Appellate jurisdiction of United States Supreme second entry, canceled without his knowledge, so as to prevent his adverse possession from ripen-Review’in bankruptcy proceedings, see “Bank Court, see "Courts." 88 10-14. ing into full title against railway company Iowa R. Land Co. v. Blumer, 769. ruptcy," $ 7. Review in criminal prosecutions, see “Crim inal Law," 'S 8. AGENCY. Review in patent interference, see "Patents," § 1. See "Principal and Agent." § 1. Nature and form of remedy. Writ of error is the proper method of reviewAGREEMENT. ing a judgment of the Supreme Court of a territory, affirming a judgment in replevin, tried See "Contracts." on waiver of jury.-National Live Stock Bank v. First Nat. Bank, 79. Where suspension has been revoked, appeal AGRICULTURE. and not error is the proper method to obtain à Agricultural colleges, see "Colleges and Uni- States of a final order of the Supreme Court review in the Supreme Court of the United versities.” of the Philippine Islands in a habeas corpus Appellate jurisdiction of supreme court in ac- case, under Act July 1, 1902, c. 1369, § 10, 32 tion involving quarantine regulations, see Stat. 691, 695 [U. Š. Comp. St. Supp. 1905, p. "Courts," $ 14. 154).-Fisher v. Baker, 135. *Errors committed in an action at law can ALIENATION. be reviewed in the Supreme Court of the Unit ed States only by writ of error.-Behn, Meyer Suspension of power of alienation of property, & Co. v. Campbell & Go Tauco, 502. se "Perpetuities." § 2. Decisions reviewable. *No appeal lies from an order denying a petiALIENS. tion for rehearing.-Conroy y. First Nat. Bank, 50. See "Indians.” Judgment of federal court, after plaintiff had § 1. Naturalization. unsuccessfully moved to remand and elected to An alien minor child who has never dwelt in stand on his motion, that plaintiff take nothing the United States is not, when coming to join by the suit, held final for purpose of appeal.naturalized parent, exempt from Act March 3, Wecker v. National Enameling & Stamping Co., 1903, c. 1012, § 2, 32 Stat. 1213 [U. S. Comp. 184. St. Supp. 1905, p. 274], debarring aliens from landing if afflicted with contagious disease, on § 3. Presentation and reservation in theory that she was invested with citizenship lower court of grounds of review. under Rev. St. U. S. § 2172_[U. S. Comp. St. *Objection that federal court on motion to re1901, p. 1334].--Zartarian v. Billings, 182. mand should not have determined on affidavits the good faith of plaintiff in suing jointly in tort a resident employé and his nonresident ALLOTMENT. employer held not open to plaintiff in error, who did not object to the consideration of the affiOf Indian lands, see "Indians." davits on petition for removal.-Wecker v. Na tional Enameling & Stamping Co., 184. AMOUNT IN CONTROVERSY. *The objection that there was no evidence of the particular damages for which alone recovJurisdictional amount, see "Courts," $ 6. ery was permitted, but only as to total dam ages, cannot be first raised on appeal.-MercanANCILLARY RECEIVERSHIP, tile Trust Co. v. Hensey, 535. § 4. Record and proceedings not in recSee "Receivers," $ 1. ord. *Failure of bill of exceptions on appeal to ANIMALS. state in express terms that it contains all the evidence will not prevent the appellate court Judicial notice of branding of, see "Evidence,” from determining the case on questions of fact. $ 1. -Crowe v. Trickey, 275; Same v. Harmon, 280. *Point annotated. See syllabus, § 5. Dismissal, withdrawal, or aban- | 1899, held not liable on supersedeas bond for donment. use and occupation of property between those *Prosecution of writ of error held abandoned dates.-Crane v. Buckley, 56. by defendants in error who furnished no bond for costs and were not represented by counsel. Yates v. Jones Nat. Bank, 638. APPEARANCE. $ 6. Review. Adoption by federal courts of practice of state *One who succeeds on bill of review in hav- courts, see "Courts," $ 7. ing a trust declared void by original decree up *Exercise of right of removal before service other beyond supporting the modified decree.-Lan- of summons held not a general appearance.dram v. Jordan, 17. Clark v. Wells, 43. *In action for injuries to brakeman, an in *Defendant in state court does not by special struction that, unless it was caused solely by appearance to remove the cause before service the negligence of the conductor, defendant rail- of summons, submit to jurisdiction, nor, on reway company was liable, held not to prejudice moval, deprive himself of the right to object the defendant in view of other instructions to manner of service.-Clark v. Wells, 43. given.-Gila Valley, G. & N. Ry. Co. v. Lyon, *The benefit of qualified appearance by de145. fendant, at the time of filing pleas to the juris*Error in refusing to strike out expert testi- diction, held not waived. --Citizens' Savings mony as to value of legal services held harm- & Trust Co. v. Illinois Cent. R. Co., 425. less, where the jury finds the compensation was fixed by contract.-Cunningham v. Springer, APPLIANCES. 301. The court on appeal cannot assume that an Liability of master for injuries from defects, see amended instruction was not taken out by the "Master and Servant," $ 2. jury when it retired.-Cunningham v. Springer, 301. Permitting jury to take into consideration APPOINTMENT. counts in a declaration not supported by any of trustee, see “Trusts," § 1. evidence held prejudicial error, notwithstanding Prac. Act Ill. (Rev. St. 1899, c. 110, $ 57), providing that when an entire verdict is given on APPRAISAL. several counts, it will not be set aside because of a defective count.-Wilmington Star Min. Of merchandise subject to duty, see "Customs Co. v. Fulton, 412. Duties," $ 3. *Verdict of jury, approved by trial court and by Circuit Court of Appeals, as to the negligence of the captain of a steamboat colliding ARID LANDS. with a government pier, cannot be disturbed by the Supreme Court.-Davidson S. S. Co. v. In territories, see "Territories." United States, 480. Power of United States to reclaim, see "United Whether the Supreme Court of the Philip States," $ 1. pine Islands, acting under Code Civ. Proc. o. İ. $ 497, subd. 3, erred in setting aside the con ARMY AND NAVY. clusion of court as against the weight of evidence, cannot be reviewed on writ of error Trial and acquittal by military court, as former from the federal Supreme Court of United jeopardy, see "Criminal Law," $ 4. States.-Behn, Meyer & Co. v. Campbell & Go Tauco, 502. Two months' extra pay, provided by Act *Only questions of law apparent on the rec March 3, 1899, c. 427, 30 Stat. 1214, in favor ord can be considered by the Supreme Court of of officers and enlisted men comprising the the United States on writ of error. -Behn, Mey- temporary navy during the War with Spain, er & Co. v. Campbell & Go Tauco, 502. should be computed when awarded to an officer appointed under Act May 4, 1898, c. Any errors of law in the opinion of the court 234, 30 Stat. 309 [U. S. Comp. St. 1901. p. below on discussion of the evidence will not be 1056), on the basis of the pay he was receiyconsidered by the Supreme Court of the United ing when he was detached from duty after the States on writ of error if not contained in the treaty of peace was signed.-- United States assignment of errors, where it is clear that the v. Hite, 386. facts justified the judgment.-Behn, Meyer & Co. v. Campbell & Go Tauco, 502. Sums improvidently paid an army officer can not be deducted from extra pay sued for in § 7. Determination and disposition of court of claims, where the United States filed cause. no set-off.-United States v. Mitchell, 463. Validity of action of the Philippine authori- Special orders, appointing to command of ties in suspending the writ of habeas corpus cavalry troop, in absence of its captain of seheld a moot question not calling for the determi- nior subaltern, gives such officer no right to nation by the Supreme Court of the United increased pay provided for by Act April 26, States.-Fisher v. Baker, 135. 1898, c. 191, § 7, 30 Stat. 305 [U. S. Comp. § 8. Liabilities on bonds and under- St. 1901, p. 895).—United States v. Mitchell, takings. 463. A party who, on appeal from decree for recov- Volunteer officer, who had been given two cry of possession of realty unless balance of months' extra pay outside the United Statės price should be paid before January 1, 1899, allowed by Act Jan. 12, 1899, c. 46, 30 Stat. secures extension of payment till November 1, 1784, on muster out and discharge,' held not *Point annotated. See syllabus. 27 S.C.-51 entitled to one month's extra pay authorized ATTACHMENT. for service within the United States.-United States v. Brown, 620; Brown v. United States, Removal of action for to federal court, see Id. "Removal of Causes," 8 4. Refusal of certificate of honorable discharge to volunteer officer by mistake held not an active retention of such officer in the service, ATTORNEY AND CLIENT. so as to entitle him to pay after such date, under Act March 2, 1899, c. 352, § 15, 30 Stat. Attorneys' fees in suit for liquidation of com977, 981, and Act Jan. 12, 1899, c. 46, 30 munity property, see "Husband and Wife," Stat. 784.–United States v. Brown, 620; $ 1. Brown v. United States, Id. Attorneys in fact, see "Principal and Agent." Officer of regular army held within Rev. St. Power of attorney distinguished from deed, see "Deeds," $ 1. BAILMENT. Past assistant surgeon in navy with rank of lieutenant held entitled to pay of captain BANKRUPTCY. in the army, mounted, in view of Rev. St. U. S. & 1466 (U. S. Comp. St. 1901, p. 1029], as- Appellate jurisdiction of supreme court in acsimilating in rank lieutenants in navy with tion by or against trustee in bankruptcy, see captains in army, and Act March 3, 1899, “Courts," § 14. c. 413, § 13, 30 Stat. 1007 [U. S. Comp. St. Objections for purpose of review in supreme 1901, p. 1072], and Act June 7, 1900, c. 859, court of questions arising in bankruptcy pro31 Stat. 697 [U. S. Comp. St. 1901, p. 990). ceedings, see "Courts," $15. - United States v. Farenholt, 629. Scope and extent of review by supreme court *A general court-martial has jurisdiction, un of questions arising in bankruptcy proceedings, der the sixty-second article of war, to try a see “Courts," § 13. soldier for homicide, punishable, under Pen. Waiver of objection to pleading in action to set Code P. I., art. 404, by imprisonment.-Grafton aside preference, see "Pleauing," $ 2. V. United States, 749. § 1. Petition, adjudication, warrant, *Civil tribunals cannot disregard judgments and custody of property. of general court-martial for mere errors or for Supreme Court of United States held emany reason not affecting jurisdiction of the powered by Bankr. Act July 1, 1898, c. 541, military court.-Grafton v. United States, 749. § 30, 30 Štat. 554 [U. S. Comp. St. 1901, p. 3434], to provide by general orders in bank ruptcy No. 21 that proofs of debt shall be deASSESSMENT. livered to the referee to whom the cause is re ferred.-J. B. Orcutt Co. v. Green, 195. Of customs duties, see "Customs Duties," $ 3. Mu § and Of expenses of public improvements, see "mu: $ 2. Assignment, administration, distribution of bankrupt's estate nicipal Corporations," $ 2. -Assignment, and title, rights, Of tax, see Taxation," $ 5. and remedies of trustee in gen eral. ASSIGNMENTS. Assignees in bankruptcy held not to have abandoned the interest in remainder of the bankrupt under a testamentary trust.-HamIn bankruptcy, see "Bankruptcy,” g 2. Of chattel mortgages, see “Chattel Ňortgages," mond v. Whittredge, 396. § 1. The words "cash surrender value," as used in Bankr. Act July 1, 1898, c. 541, $ 70, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3451), permitting ASSIGNMENTS FOR BENEFIT OF a bankrupt to redeem a policy of insurance by paying cash surrender value, embrace policies CREDITORS. having such value.-Hiscock v. Mertens, 488. The investment feature of tontine life insurSee "Bankruptcy." ance policies does not exclude them from provision of Bankr. Act July 1, 1898, c. 541, $ 70, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3151), ASSOCIATIONS. permitting a bankrupt to redeem policy of in surance by paying cash surrender value.-HisDenial to of equal protection of laws, see "Con- cock v. Mertens, 483. stitutional Law," 8 6. Laws impairing contracts with, see “Constitu- when insured was declared a bankrupt have a Life insurance policies which had not lapsed tional Law," $ 4. Laws relating to, "denying due process of law, 1, 1898, c. 541, $ 70, 30 Stat. 565 [Ų. S. Comp. cash surrender value within Bankr. Act July see "Constitutional Law," 8 8. Pilot association, see "Pilots." St. 1901, p. 3451), permitting a bankrupt to redeem policy of insurance by paying cash sur render value.-Hiscock v. Mertens, 488. ASSUMPTION. Policies insuring life of one member of bank rupt firm individually pledged by him held not Of risk by employé, see “Master and Servant,” to belong to the partnership estate.-Hiscock v. 8 2. Varick Bank of New York, 681. *Point annotated. See syllabus. $ 3. -Preferences and transfers by Priority of payment of wages given by Bankr. bankrupt, and attachments and Act July 1, 1898, c. 541, $ 64, 30 Stat. 563 [U. other liens. S. Comp. St. 1901, p. 3447], held to extend to Sale of collateral at auction, without notice, claims assigned before bankruptcy proceedings and purchase thereof by pledgee, held not void were begun.-Shropshire, Woodliff & Co. v. as against the trustee in bankruptcy, in the Bush, 178. absence of fraud.-Hiscock v. Varick Bank of New York, 681. A trustee in bankruptcy cannot file with him self proof of his own claim against the bankrupt Creditor of a bankrupt partnership may ap- estate, nor deliver such claim to his attorney to ply proceeds of sale of collateral in his hands, 'be filed with a referee.-J. B. Orcutt Co. v. the property of one partner, to individual debt Green, 195. of partner.-Hiscock v. Varick Bank of New Presentation and delivery of proof of claim York, 681. to trustee in bankruptcy within a year after adHolders of so-called warehouse receipts under judication held a filing within Bankr. Act July an invalid pledge have no equitable lien taking 1, 1898, c. 541, $ 57, 30 Stat. 560 (U. S. Comp. precedence of the title of trustee in bankruptcy St._1901, p. 3443], and general orders No. 21. of pledgor, under Bankr. Act July 1, 1898. c. J. B. Orcutt Co. v. Green, 195. 541, $8 70a, 70e, 30 Stat. 544 [U. S. Comp. St. Power of sale may be exercised by pledgee 1901, p. 3418].-Security Warehousing Co. v. between filing of petition in bankruptcy against Hand, 720. his pledgor and the adjudication in bankrupt§ 4. Actions by or against trustee. çy, as, title_vests, in trustee under Act July The validity of all other claims against the 1, 1898, c. 541, $$ 70a, 70e, 30 Stat. 565 [U. bankrupt and wherein others have received $. Comp. St. 1901, p. 3451], only as of the voidable preferences cannot be litigated in a date of the adjudication.-Hiscock y. Varick v suit in a state court to avoid an alleged unlaw- Bank of New York, 681. ful preference.-Eau Claire Nat. Bank v. Jack- Only when collateral has not been disposed of man, 391. by creditor in accordance with pledge can The two years' limitation prescribed by Rev. court of bankruptcy exercise its power, under $t. U. S. $ 5057, for suits between assignee i. Bankr. Act July 1, 1898, c. 541, $ 575, 30 bankruptcy and a person claiming an adversa to direct the disposition of the securities. Stat. st. , p. , interest, held not applicable to adverse claims Hiscuck v. Varick Bank of New York, 681. arising out of an equitable attachment and an assignment of a bankrupt's interest under a 8 6. Rights, remedies, and discharge of testamentary trust.-Hammond v. Whittredge, bankrupt. 396. Claims for damages caused by fraudulent repPossession by court of bankruptcy of proceeds resentations inducing sales held provable, unof sale of mortgaged chattels held not to de- der Bankr. Act July 1, 1898, c. 541, § 63a, 30 prive a state court of its jurisdiction under $tat. 562 [U. S. Comp. St. '1901, p. 3447], as Bankr. Act July 1, 1898, c. 541, $ 23b, 30 Stat. debts founded on an open account or on a con544 [U. S. Comp. St. 1901, p. 3431], of a suit | tract, if tort is waived. -Tindle v. Birkett, 493. by the trustee to set aside the mortgage as in The words, "while acting as an officer or in fraud of creditors.-Frank v. Vollkommer, 596. any fiduciary capacity,” as used in Bankr. Act Burden of proving that a sale by pledgee of July 1, 1898, c. 541, 17, subd. 4, 30 Stat. the property of a bankrupt under contract of 550 [U. S. Comp. St.' 1901, p. 3428], extend to pledge was unfair is on the trustee in bank- fraud, embezzlement, and misappropriation, as ruptcy of pledgor seeking to avoid sale.--His- well as to defalcation.-Tindle v. Birkett, 493. cock v. Varick Bank of New York, 681. § 7. Appeal and revision of proceedings. $ 5. - Claims against and distribu- order No. 36, for taking appeal from final The 30 days' limitation prescribed by general tion of estate. Franchise tax assessed under Gen. St. N. J. ruptcy, cannot be extended by petition for re order of Circuit Court of Appeals in bank189.5, $ 251 et seq., on capital stock of the cor- hearing after 30 days have expired.-Conroy v. poration, is legally due and owing within Bankr; First Nat. Bank, 50. Act July 1, 1898, c. 541, § 64a, 30 Stat. 563 (U. S. Comp. St. 1901, p. 3447], though not Allowance of appeal from a Circuit Court of collectible until after corporation was adjudged Appeals in bankruptcy case on certificate of bankrupt.-State of New Jersey v. Anderson, Justice of Supreme Court held not an adjudi137. cation that an appeal is taken within the time allowed by general order in bankruptcy No. 36. Finding of state board of assessors as to the --Conroy v. First Nat. Bank, 50. amount of outstanding capital stock of cor *Writ of error and not appeal is the only poration for fixing amount of annual tax, imposed by Gen. St. N. J. 1895, $ 251 et seg., in method of reviewing an adjudication of bankview of Bankr. Act July 1, 1898, c. 541, 8 64a, ruptcy on directed verdict on jury trial under 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447]; Act July 1, 1898, c., 541, $ 19, 30 Stat. 551 is not conclusive on the bankruptcy court.- Grant Shoe Co. v. W. M. Laird Co., 161. [U. S. Comp. St. 1901, p. 3429].-Frederick L. State of New Jersey V. Anderson, 137. Claim of state of New Jersey against domestic jected so as to give him right to appeal.-His Claims of creditor against bankrupt held rebankrupt corporation for annual license fee on cock v. Varick Bank of New York, 681. its outstanding capital stock, imposed under Gen. St. N. J. 1895, § 251 et seq., is for a tax owing the state, which under Bankr. Act July BANKS AND BANKING. 1, 1898, c. 541, § 64a, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447), must be paid before Appellate jurisdiction of supreme court in acdividends to creditors.--State of New Jersey y. tion involving national banking laws, see Anderson, 137. "Courts," 8 14. Former judgment as bar to action against di BONDS. rectors of bank, see "Judgment," $ 5. Jurisdiction of federal court of action against See "Guaranty," $ 1. agent for shareholders of national bank, see For deed to mining property, see "Mines and "Courts," § 4. Minerals," $ 2. Objections for purpose of review by supreme On appeal or error, see "Appeal and Error,” court of questions relating to banking laws, $ 8. see "Courts," 15. § 1. National banks. BOUNDARIES. Pledgee of national bank stock, with power of sale, becomes beneficial owner of such stock. Of states, see "States," $ 1. subject to the liability of stockholder under Rev. St. U. S. 8 5151 [U. Š. Comp. St. 1901, p. 3465), BREACH. where after the death of pledgor it has the stock registered in name of an employé and indorses of contract, see “Contracts," § 1. on the note the supposed value thereof.-Ohio Valley Nat. Bank v. Hulitt, 179. Stockholders of record at the time of the re BRIDGES. duction of the capital stock of a national bank held entitled to proceeds of doubtful assets set Exercise of power of eminent domain in conapart under order of Comptroller of Currency, struction or repair of, see "Eminent Domain, to be charged off for the benefit of those who $S 1, 2 are then stockholders.-Jerome v. Cogswell, 241. BROKERS. State courts may enforce against directors of national bank civil liability prescribed by $ 1. Compaqsation and lien. Rev. St. U. S. § 5239 [U. S. Comp. St. 1901, p. 3515), for making false representations as to option on the purchase of certain mining prop A broker, who finds a person who takes an -. Bank, 638. erty, cannot, where the owner dies before the option expires, recover his agreed commission Directors of national bank participating in from the administrator who afterwards sells false representations in official report to the the property.-Crowe v. Trickey, 275; Same v. Comptroller of the Currency, under Rev. St. Harmon, 280. U. S. § 5211 [U. S. Comp. St. 1901, p. 3498), cannot be held civilly liable to any one deceived thereby.-Yates v. Jones Nat. Bank, 638. BUILDING AND LOAN ASSOCIA TIONS. Notice to officers and agents of as notice to Of action by former adjudication, see "Judg association, see "Principal and Agent," $ 2. ment,” 8 5. CANALS. BENEFICIAL ASSOCIATIONS. Panama Canal zone, see "Territories.” Denial to of equal protection of laws, see “Con- $ 1. Establishment, construction, and stitutional Law," § 6. maintenance. Laws impairing contracts with, see “Constitu Congress has power to construct the Panama tional Law," $ 4. Canal in territory acquired by Treaty Nov. 18, Laws relating to denying due process of law, 1903, 33 Stat. 2234, with the republic of Panasee "Constitutiorral Law," $ 8. ma.-Wilson v. Shaw, 233. BEQUESTS. CARGO. See “Wills.” See “Shipping." BILL OF EXCEPTIONS. CARRIERS. Appellate jurisdiction of supreme court in acSee “Exceptions, Bill of." tion for death caused by failure to furnish proper appliances by interstate carrier, see BILL OF LADING. "Courts," $ 14. Appellate jurisdiction of supreme court in acSee "Carriers," § 2. tion involving questions relating to transportation and charges therefor, see "Courts," § 14. BILLS AND NOTES. Appellate jurisdiction of supreme court in ac tion involving reasonableness of regulations of Notes for price of patent rights, see "Patents,' carriers, see "Courts," $ 14. § 2. As employers, see “Master and Servant," § 2. Notes secured by chattel mortgage, see "Chattel Denial of privileges and immunities of citizens Mortgages," $ 1. by laws relating to liabilities for injuries to servants of interstate carriers, see "Constitu tional Law," § 5. BOARD. Jurisdiction of supreme court in action involv ing right of consignors to have shinment carOf equalization, see "Taxation," $8 5, 6. ried to destination, see "Courts," $ 12. * Point annotated. See syllabus. |
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