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ADVERSE POSSESSION.

See "Limitation of Actions."

§ 1. Nature and requisites.

Laws discriminating against sheep industry as denying equal protection of law, see "Constitutional Law," § 6.

Laws relating to grazing as denial of due process of law, see "Constitutional Law," § 7. Quarantine regulations interfering with interstate commerce, see "Commerce," § 3.

Railway company which has complied with terms of congressional land grant, after acceptance 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 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 culture entry of land within place limits of railway grant does not require imputation of bad faith to entryman in going into possession under second entry, canceled without his knowledge, so as to prevent his adverse possession from ripening into full title against railway company.Iowa R. Land Co. v. Blumer, 769.

AGENCY.

See "Principal and Agent."

AGREEMENT.

See "Contracts."

AGRICULTURE.

Agricultural colleges, see "Colleges and Universities."

Appellate jurisdiction of supreme court in action involving quarantine regulations, see "Courts," § 14.

ALIENATION.

ANTI-TRUST LAW.

APPEAL AND ERROR.

See "Certiorari"; "Exceptions, Bill of."
Appellate jurisdiction of United States Supreme
Review' in bankruptcy proceedings, see "Bank-
Court, see "Courts." §§ 10-14.
ruptcy," § 7.

Review in criminal prosecutions, see "Crim-
inal Law," § 8.

Review in patent interference, see "Patents," § 1.

§ 1. Nature and form of remedy.

Writ of error is the proper method of reviewing a judgment of the Supreme Court of a territory, affirming a judgment in replevin, tried on waiver of jury.-National Live Stock Bank v. First Nat. Bank, 79.

Where suspension has been revoked, appeal and not error is the proper method to obtain a review in the Supreme Court of the United States of a final order of the Supreme Court of the Philippine Islands in a habeas corpus case, under Act July 1, 1902, c. 1369, § 10, 32 Stat. 691, 695 [U. S. Comp. St. Supp. 1905, p. 154].-Fisher v. Baker, 135.

*Errors committed in an action at law can be reviewed in the Supreme Court of the United States only by writ of error.-Behn, Meyer

Suspension of power of alienation of property, & Co. v. Campbell & Go Tauco, 502. see "Perpetuities."

See "Indians."

ALIENS.

1. Naturalization.

An alien minor child who has never dwelt in the United States is not, when coming to join naturalized parent, exempt from Act March 3, 1903. c. 1012, § 2, 32 Stat. 1213 [U. S. Comp. St. Supp. 1905, p. 274], debarring aliens from landing if afflicted with contagious disease, on theory that she was invested with citizenship under Rev. St. U. S. § 2172 [U. S. Comp. St. 1901, p. 1334].-Zartarian v. Billings, 182.

ALLOTMENT.

Of Indian lands, see "Indians."

AMOUNT IN CONTROVERSY. Jurisdictional amount, see "Courts," § 6.

ANCILLARY RECEIVERSHIP. See "Receivers," § 1.

ANIMALS.

2. Decisions reviewable.

*No appeal lies from an order denying a petifor rehearing.-Conroy v. First Nat.

Bank, 50.

Judgment of federal court, after plaintiff had unsuccessfully moved to remand and elected to stand on his motion, that plaintiff take nothing by the suit, held final for purpose of appeal.Wecker v. National Enameling & Stamping Co., 184.

§ 3. Presentation and reservation in lower court of grounds of review. mand should not have determined on affidavits *Objection that federal court on motion to rethe good faith of plaintiff in suing jointly in tort a resident employé and his nonresident employer held not open to plaintiff in error, who did not object to the consideration of the affidavits on petition for removal.-Wecker v. National Enameling & Stamping Co., 184.

*The objection that there was no evidence of the particular damages for which alone recovery was permitted, but only as to total damages, cannot be first raised on appeal.-Mercantile Trust Co. v. Hensey, 535.

§ 4. Record and proceedings not in record.

*Failure of bill of exceptions on appeal to 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,

donment.

or

aban- | 1899, held not liable on supersedeas bond for 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.

6. Review.

*One who succeeds on bill of review in having a trust declared void by original decree upheid cannot on appeal by the other party go beyond supporting the modified decree.-Landram v. Jordan, 17.

*In action for injuries to brakeman, an instruction that, unless it was caused solely by the negligence of the conductor, defendant railway company was liable, held not to prejudice the defendant in view of other instructions given.-Gila Valley, G. & N. Ry. Co. v. Lyon, 145.

*Error in refusing to strike out expert testimony as to value of legal services held harmless, where the jury finds the compensation was fixed by contract.-Cunningham v. Springer, 301.

The court on appeal cannot assume that an amended instruction was not taken out by the jury when it retired.-Cunningham v. Springer, 301.

APPEARANCE.

Adoption by federal courts of practice of state courts, see "Courts," § 7.

*Exercise of right of removal before service of summons held not a general appearance.Clark v. Wells, 43.

*Defendant in state court does not by special appearance to remove the cause before service of summons, submit to jurisdiction, nor, on removal, deprive himself of the right to object to manner of service.-Clark v. Wells, 43.

*The benefit of qualified appearance by defendant, at the time of filing pleas to the jurisdiction, held not waived.--Citizens' Savings & Trust Co. v. Illinois Cent. R. Co., 425.

APPLIANCES.

Liability of master for injuries from defects, see "Master and Servant," § 2.

APPOINTMENT.

Permitting jury to take into consideration 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 several counts, it will not be set aside because of a defective count.-Wilmington Star Min. Co. v. Fulton, 412.

*Verdict of jury, approved by trial court and by Circuit Court of Appeals, as to the negligence of the captain of a steamboat colliding with a government pier, cannot be disturbed by the Supreme Court.-Davidson S. S. Co. v. United States, 480.

Whether the Supreme Court of the Philippine Islands, acting under Code Civ. Proc. P. I. § 497, subd. 3, erred in setting aside the conclusion of court as against the weight of evidence, cannot be reviewed on writ of error from the federal Supreme Court of United States.-Behn, Meyer & Co. v. Campbell & Go Tauco, 502.

*Only questions of law apparent on the record can be considered by the Supreme Court of the United States on writ of error.-Behn, Meyer & Co. v. Campbell & Go Tauco, 502.

Any errors of law in the opinion of the court below on discussion of the evidence will not be considered by the Supreme Court of the United States on writ of error if not contained in the assignment of errors, where it is clear that the facts justified the judgment.-Behn, Meyer & Co. v. Campbell & Go Tauco, 502.

§ 7. Determination and disposition of

cause.

Validity of action of the Philippine authorities in suspending the writ of habeas corpus held a moot question not calling for the determination by the Supreme Court of the United States. Fisher v. Baker, 135.

§ 8. Liabilities on bonds and undertakings.

APPRAISAL.

Of merchandise subject to duty, see "Customs
Duties," § 3.

ARID LANDS.

In territories, see "Territories."
Power of United States to reclaim, see "United
States," 1.

ARMY AND NAVY.

Trial and acquittal by military court, as former jeopardy, see "Criminal Law," § 4.

Two months' extra pay, provided by Act March 3, 1899, c. 427, 30 Stat. 1214, in favor of officers and enlisted men comprising the temporary navy during the War with Spain, should be computed when awarded to an officer appointed under Act May 4, 1898, c. 234, 30 Stat. 369 [U. S. Comp. St. 1901. p. 1056], on the basis of the pay he was receiving when he was detached from duty after the treaty of peace was signed.-United States v. Hite, 386.

Sums improvidently paid an army officer cannot be deducted from extra pay sued for in court of claims, where the United States filed no set-off.-United States v. Mitchell, 463.

Special orders, appointing to command of cavalry troop, in absence of its captain of senior subaltern, gives such officer no right to increased pay provided for by Act April 26, 1898. c. 191, § 7, 30 Stat. 365 [U. S. Comp. St. 1901, p. 895].-United States v. Mitchell,

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 States price should be paid before January 1, 1899. allowed by Act Jan. 12, 1899, c. 46, 30 Stat. secures extension of payment till November 1,784, on muster out and discharge, held not

*Point annotated. See syllabus.

27 S.C.-51

ATTACHMENT.

entitled to one month's extra pay authorized for service within the United States.-United States v. Brown, 620; Brown v. United States, Removal of action for to federal court, see Id.

Refusal of certificate of honorable discharge to volunteer officer by mistake held not an active retention of such officer in the service, so as to entitle him to pay after such date, under Act March 2, 1899, c. 352, § 15, 30 Stat. 977, 981, and Act Jan. 12, 1899, c. 46, 30 Stat. 784.-United States v. Brown, 620; Brown v. United States, Id.

"Removal of Causes," § 4.

ATTORNEY AND CLIENT.

Attorneys' fees in suit for liquidation of com-
munity property, see "Husband and Wife,"
§ 1.
Attorneys in fact, see "Principal and Agent."
Power of attorney distinguished from deed, see
"Deeds," § 1.

Officer of regular army held within Rev. St.
U. S. § 1342, art. 77 [U. S. Comp. St. 1901, p.
959], providing that officers of the regular
army shall not sit on courts-martial to try
officers or soldiers of other forces.-United
States v. Brown, 620; Brown v. United States, See "Carriers," § 2; "Warehousemen."
Id.

Past assistant surgeon in navy with rank of lieutenant held entitled to pay of captain in the army, mounted, in view of Rev. St. U. S. § 1466 [U. S. Comp. St. 1901, p. 1029], assimilating in rank lieutenants in navy with captains in army, and Act March 3, 1899, c. 413, § 13, 30 Stat. 1007 [U. S. Comp. St. 1901, p. 1072], and Act June 7, 1900, c. 859, 31 Stat. 697 [U. S. Comp. St. 1901, p. 990]. -United States v. Farenholt, 629.

*A general court-martial has jurisdiction, under the sixty-second article of war, to try a soldier for homicide, punishable, under Pen. Code P. I., art. 404, by imprisonment.-Grafton v. United States, 749.

*Civil tribunals cannot disregard judgments of general court-martial for mere errors or for any reason not affecting jurisdiction of the military court.-Grafton v. United States, 749.

ASSESSMENT.

BAILMENT.

BANKRUPTCY.

Appellate jurisdiction of supreme court in ac-
tion by or against trustee in bankruptcy, see
"Courts," § 14.
Objections for purpose of review in supreme
court of questions arising in bankruptcy pro-
ceedings, see "Courts," § 15.

Scope and extent of review by supreme court
of questions arising in bankruptcy proceedings,
see "Courts," § 13.

Waiver of objection to pleading in action to set
aside preference, see "Pleading," § 2.
§ 1. Petition, adjudication,

warrant,

and custody of property. Supreme Court of United States held empowered by Bankr. Act July 1, 1898, c. 541, § 30, 30 Stat. 554 [U. S. Comp. St. 1901, p. 3434], to provide by general orders in bankruptcy No. 21 that proofs of debt shall be delivered to the referee to whom the cause is referred.-J. B. Orcutt Co. v. Green, 195.

Of customs duties, see "Customs Duties," § 3. Of expenses of public improvements, see "Mu-8 2. Assignment, administration, and nicipal Corporations," § 2.

Of tax, see "Taxation," § 5.

ASSIGNMENTS.

In bankruptcy, see "Bankruptcy," § 2.
Of chattel mortgages, see "Chattel Mortgages,"
§ 1.

ASSIGNMENTS FOR BENEFIT OF
CREDITORS.

See "Bankruptcy."

ASSOCIATIONS.

Denial to of equal protection of laws, see "Con-
stitutional Law," § 6.
Laws impairing contracts with, see "Constitu-
tional Law," § 4.

Laws relating to, denying due process of law,
see "Constitutional Law," § 8.
Pilot association, see "Pilots."

ASSUMPTION.

distribution of bankrupt's estate -Assignment, and title, rights, and remedies of trustee in general.

Assignees in bankruptcy held not to have abandoned the interest in remainder of the bankrupt under a testamentary trust.-Hammond v. Whittredge, 396.

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 a bankrupt to redeem a policy of insurance by paying cash surrender value, embrace policies having such value.-Hiscock v. Mertens, 488.

The investment feature of tontine life insurance 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. 3451], permitting a bankrupt to redeem policy of insurance by paying cash surrender value.-Hiscock v. Mertens, 488.

when insured was declared a bankrupt have a Life insurance policies which had not lapsed 1, 1898. c. 541, § 70, 30 Stat. 565 [U. S. Comp. cash surrender value within Bankr. Act July St. 1901, p. 3451], permitting a bankrupt to redeem policy of insurance by paying cash surrender value.-Hiscock v. Mertens, 488.

Policies insuring life of one member of bankrupt firm individually pledged by him held not Varick Bank of New York, 681.

Of risk by employé, see "Master and Servant," to belong to the partnership estate. Hiscock v. § 2.

*Point annotated. See syllabus.

§ 3.

-Preferences and transfers by bankrupt, and attachments and other liens.

Sale of collateral at auction, without notice, and purchase thereof by pledgee, held not void as against the trustee in bankruptcy, in the absence of fraud.-Hiscock v. Varick Bank of New York, 681.

Creditor of a bankrupt partnership may apply proceeds of sale of collateral in his hands, the property of one partner, to individual debt of partner.-Hiscock v. Varick Bank of New York, 681.

Holders of so-called warehouse receipts under an invalid pledge have no equitable lien taking precedence of the title of trustee in bankruptcy of pledgor, under Bankr. Act July 1, 1898, c. 541. §§ 70a, 70e, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3418].-Security Warehousing Co. v. Hand, 720.

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Priority of payment of wages given by Bankr. Act July 1, 1898, c. 541, § 64, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447], held to extend to claims assigned before bankruptcy proceedings were begun.-Shropshire, Woodliff & Co. v. Bush, 178.

A trustee in bankruptcy cannot file with himself proof of his own claim against the bankrupt estate, nor deliver such claim to his attorney to be filed with a referee.-J. B. Orcutt Co. v. Green, 195.

Presentation and delivery of proof of claim to trustee in bankruptcy within a year after adjudication held a filing within Bankr. Act July 1, 1898, c. 541, § 57, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443], and general orders No. 21.J. B. Orcutt Co. v. Green, 195.

Power of sale may be exercised by pledgee between filing of petition in bankruptcy against his pledgor and the adjudication in bankruptCy, as title vests in trustee under Act July 1, 1898, c. 541, §§ 70a, 70e, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3451], only as of the date of the adjudication.-Hiscock v. Varick Bank of New York, 681.

Only when collateral has not been disposed of by creditor in accordance with pledge can court of bankruptcy exercise its power, under Bankr. Act July 1, 1898, c. 541, § 57h, 30 Stat. 560 [U. S. Comp. St. 1901, p. 3443], to direct the disposition of the securities.Hiscock v. Varick Bank of New York, 681.

The two years' limitation prescribed by Rev. St. U. S. 8 5057, for suits between assignee in bankruptcy and a person claiming an adverse interest, held not applicable to adverse claims arising out of an equitable attachment and an assignment of a bankrupt's interest under a§ testamentary trust.-Hammond v. Whittredge,

396.

Possession by court of bankruptcy of proceeds of sale of mortgaged chattels held not to deprive a state court of its jurisdiction under Bankr. Act July 1, 1898, c. 541, § 23b, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3431], of a suit by the trustee to set aside the mortgage as in fraud of creditors.-Frank v. Vollkommer, 596. Burden of proving that a sale by pledgee of the property of a bankrupt under contract of pledge was unfair is on the trustee in bankruptcy of pledgor seeking to avoid sale.-Hiscock v. Varick Bank of New York, 681.

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Finding of state board of assessors as to the amount of outstanding capital stock of corporation for fixing amount of annual tax, imposed by Gen. St. N. J. 1895, § 251 et seq., in view of Bankr. Act July 1, 1898, c. 541, § 64a, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447], is not conclusive on the bankruptcy court. State of New Jersey v. Anderson, 137.

Claim of state of New Jersey against domestic bankrupt corporation for annual license fee on 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 1, 1898, c. 541, § 64a, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447], must be paid before dividends to creditors.-State of New Jersey v. Anderson, 137.

6. Rights, remedies, and discharge of bankrupt.

Claims for damages caused by fraudulent representations inducing sales held provable, under Bankr. Act July 1, 1898, c. 541, § 63a, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3447], as debts founded on an open account or on a contract, if tort is waived.-Tindle v. Birkett, 493.

The words, "while acting as an officer or in any fiduciary capacity," as used in Bankr. Act July 1, 1898, c. 541, § 17, subd. 4, 30 Stat. 550 U. S. Comp. St. 1901, p. 34281, extend to fraud, embezzlement, and misappropriation, as well as to defalcation.-Tindle v. Birkett, 493.

7. Appeal and revision of proceedings. The 30 days' limitation prescribed by general order No. 36, for taking appeal from final order of Circuit Court of Appeals in bankruptcy, cannot be extended by petition for rehearing after 30 days have expired.-Conroy v. First Nat. Bank, 50.

Allowance of appeal from a Circuit Court of Appeals in bankruptcy case on certificate of Justice of Supreme Court held not an adjudication that an appeal is taken within the time. allowed by general order in bankruptcy No. 36. Conroy v. First Nat. Bank, 50.

*Writ of error and not appeal is the only method of reviewing an adjudication of bankAct July 1, 1898, c. 541, § 19, 30 Stat. 551 ruptcy on directed verdict on jury trial under [U. S. Comp. St. 1901, p. 3429].-Frederick L. Grant Shoe Co. v. W. M. Laird Co., 161.

jected so as to give him right to appeal.-HisClaims of creditor against bankrupt held recock v. Varick Bank of New York, 681.

BANKS AND BANKING.

Appellate jurisdiction of supreme court in action involving national banking laws, see "Courts," 14.

*Point annotated. See syllabus.

Former judgment as bar to action against directors of bank, see "Judgment," § 5. Jurisdiction of federal court of action against agent for shareholders of national bank, see "Courts," § 4.

Objections for purpose of review by supreme court of questions relating to banking laws, see "Courts," § 15.

1. National banks.

Pledgee of national bank stock, with power

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of sale, becomes beneficial owner of such stock. Of states, see "States," § 1.
subject to the liability of stockholder under Rev.
St. U. S. § 5151 [U. S. Comp. St. 1901, p. 3465],
where after the death of pledgor it has the stock

BREACH.

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 reduction of the capital stock of a national bank held entitled to proceeds of doubtful assets set apart under order of Comptroller of Currency, to be charged off for the benefit of those who are then stockholders.-Jerome v. Cogswell, 241.

State courts may enforce against directors of national bank civil liability prescribed by Rev. St. U. S. § 5239 [U. S. Comp. St. 1901, p. 3515], for making false representations as to bank's financial condition.-Yates v. Jones Nat. Bank, 638.

Directors of national bank participating in false representations in official report to the Comptroller of the Currency, under Rev. St. 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.

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BRIDGES.

Exercise of power of eminent domain in construction or repair of, see "Eminent Domain," §§ 1, 2.

BROKERS.

8 1. Compensation and lien.

A broker, who finds a person who takes an option on the purchase of certain mining property, cannot, where the owner dies before the option expires, recover his agreed commission from the administrator who afterwards sells the property.-Crowe v. Trickey, 275; Same v. Harmon, 280.

BUILDING AND LOAN ASSOCIA

TIONS.

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Appellate jurisdiction of supreme court in action for death caused by failure to furnish proper appliances by interstate carrier, see "Courts," 14.

Appellate jurisdiction of supreme court in action involving questions relating to transportation and charges therefor, see "Courts," $14.

Appellate jurisdiction of supreme court in action involving reasonableness of regulations of carriers, see "Courts," § 14.

As employers, see "Master and Servant," § 2. Denial of privileges and immunities of citizens by laws relating to liabilities for injuries to servants of interstate carriers, see "Constitutional Law," § 5.

Jurisdiction of supreme court in action involving right of consignors to have shipment carried to destination, see "Courts," § 12.

*Point annotated. See syllabus.

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