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United States, 600; Eastern Dredging Co. V.
Same, Id.; Bay State Dredging Co. v. Same,
Dredging channel in Boston harbor held not
c. 352, 27 Stat. 310 [U. S. Comp. St. 1901, p.
2521].-Ellis v. United States, 600; Eastern
Dredging Co. v. Same, Id.; Bay State Dredging
Delay in obtaining timber for construction of
dinary emergency within exceptions in Eight-
Hour Act Aug. 1, 1892, c. 352, 27 Stat. 340
Employés on tugs, dredges, and scows used
within meaning of Eight-Hour Act Aug. 1,
1892, c. 352, 27 Stat. 340 (U. S. Comp. St.
Eastern Dredging Co. v. Same, Id.; Bay State
Dredging Co. v. Šame, Id.
§ 2. Master's liability for injuries to
A shovel car is a "car” within Act March 2,
St. 1901, p. 3174), requiring car used in inter-
state traffic to be equipped with automatic coup-
ler.-Schlemmer v. Buffalo, R. & P. Ry. Co.,
*That a railroad employé while coupling a
required by Act March 2, 1893, c. 196, § 2, 27
Stat. 531 (U. S. Comp. St. 1901, p. 3174], might
miscalculate the height to which he might raise
*The burden of proof is on a carrier to bring
the automatic coupler act of March 2, 1893,
tional Law," $ 5.
Attempt to enforce as election of remedy, see
"Election of Remedies.”
juries to employés as interfering with inter- of cause of action in judgment, see "Judg-
ment," $ 5.
See "Public Lands," $ 2.
Prohibition against requiring laborers on any
MINES AND MINERALS.
*Point annotated. See syllabus.
Applicability of instructions to evidence in ac- Limitation of five years prescribed by Rev.
tion for default of mine employé, see "Trial," St. U. S. $ 1047 (U. S. Comp. St. 1901, p. 727),
does not apply to action for threefold damages
denying equal protection of law, see “Consti- by Anti-Trust Act July 2, 1890, c. 647, 26 Stat.
209 [U. S. Comp. St. 1901, p. 3202] $ 7.--
negligence as denying due process of law, see Atlanta, 65.
"Constitutional Law," $ 7.
§ 2776, rather than the one-year limitation
itation prescribed by section 2773, governs an
property brought under Anti-Trust Act July 2,
Works v. City of Atlanta, 65.
1872, c. 152, $ 2, 17 Stat. 91, Rev. St. U. Ş. Lis pendens under mortgage law, see "Lis Pen-
Presentation of objections for review, see “Ap-
peal and Error," 3.
Appellate jurisdiction of supreme court on ques-
tion of validity of paving assessment, see
"Courts," § 14.
constructing waterworks, see "Judgment," $ 6.
on streets, see "Constitutional Law," $ 7.
pal warrants, see "Mandamus," $ 2.
State laws as rules of decision in federal
courts on questions relating to rights of abut-
ting owners on streets, see "Courts," § 8.
§ 1. Contracts in general.
Contract with waterworks company fixing
maximum water rates to private consumers for
30 years, protected against impairment by con-
made by city of Vicksburg, under Laws Miss.
440; Brandenburg v. Same, Id.
Decisions of courts impairing, see "Courts," $.2-
Impairing obligation of as ground of jurisdic-
tion of federal court, see "Courts,” _$ 4.
rectors of, see "Judgment," $ 5.
Denial of due process of law in punishment of
officers for embezzlement, see "Constitutional
Law," $$ 7-10.
Mandamus, see "Mandamus," $ 1.
claims, see "Public Lands," 2.
Particular classes of officers.
“Eminent Domain," $$ 1, 2.
Judgment, see "Judgment," $ 2.
In civil actions, see "Evidence," $ 3.
Of courts, see "Courts," $ 1.
Review of appealable orders, see "Appeal and
roads," $ 1.
*Mineowner held not absolved from his neg:
Zone of, see "Territories."
PARENT AND CHILD.
Effect of naturalization of parent on rights of
alien child, see "Aliens," $ 1.
Review by supreme court of questions relating
to custody of child, see "Courts," 8 12.
In civil actions, see "Evidence," $ 2.
Character ground of jurisdiction, see "Courts,"
Dismissal of appeal in Supreme Court for defect
of parties, see "Courts," § 14.
In equity, see "Equity," $ 1.
Pilot association, see "Pilots."
PENALTIES. For public lands, see “Mines and Minerals,". 8 1. Parol or extrinsic evidence of penalties under Restraining infringement suits, see "Injunction, contracts, see "Evidence," § 2. § 1.
Under contracts, see "Damages," $ 1. § 1. Persons entitled to patents.
Appeal from primary examiner, on a motion PENDENCY OF ACTION. to dissolve interference, that party had the right to make interfering claims, may be prohibited Effect as to property involved, see "Lis Penby rules of patent office without infringing the dens.” right of appeal in interference given by Rev. St. U. S. $$ 482, 483, 4904, 4909 [U. S. Comp. St. 1901, pp. 272, 3389, 3390]. United States v. PERCOLATING WATERS. Allen, 141.
See "Waters and Water Courses,” $ 1. § 2. Regulation of dealings in patent
rights and patented articles. Regulation of sale of patent rights by Laws
PERPETUITIES. Kan. 1889, c. 182, is not a violation of Const. U. S. art. 1, § 8, granting to congress the right Parties to suit in equity to determine question to secure to inventors the exclusive right to of violation of rule against, see "Equity," 8 1. their discovery, nor Rev. St. U. S. § 4898 [U. S. Comp. St. 1901, p. 3387], authorizing assign- Trusts for perpetual maintenance of cemetery ments of patents.-Allen v. Riley, 95.
lots and monuments, authorized by Code D. C. The requirement that a negotiable instrument $ 669, held not forbidden by section 1023 of
such Code.--Iglehart v. Iglehart, 329. taken on a sale of a patent right shall show on its face for what it was given or be void, under Testamentary trusts in favor of cemetery of Kirby's Dig. Ark. & 513, held not to violate Brooklyn, permitted by laws of New York, for Const. U. Š. art. 1, § 8, nor Rev. St. U. S. & perpetual maintenance of lot and monument, 4898 [U. S. Comp. št. 1901, p. 3387].—John will be upheld in the District of Columbia Woods & Sons v. Carl, 99.
where testatrix was domiciled at her death,
since under Code D. C. $ 669, grants on similar $ 3. Infringement.
trusts are permitted to domestic corporations.Defendant's rights under final decree of fed, Iglehart v. Iglehart, 329. eral court in a patent infringement suit held violated by act of complainant in filing a bill against one of the former's creditors on account
PERSONAL INJURIES. of the use of the article passed upon in a prior suit.-Kessler v. Eldred, 611.
See "Negligence." Final decree of federal court in favor of de- Harmless error in action for, see "Appeal and fendant in a patent infringement suit entitles Error," $ 6. him to continue the business free from all in- Laws relating to injuries to mail clerks as deterference by complainant.-Kessler v. Eldred, nying equal protection of law, see “Constitu611.
tional Law," § 6.
To employé, see "Master and Servant," $ 2. § 4. Decisions on the validity, construc
tion, and infringement of partic-
PHILIPPINE ISLANDS. Claims of Hayden patent, No. 700,919, for improvement in spring-balance computing scale, Delegation of legislative power relative to, see considered and limited.-Computing Scale Co. "Constitutional Law," § 2. of America v. Automatic Scale Co., 307.
Evidence held insufficient to show infringement of claims of Hayden patent, No. 700,919, PHYSICIANS AND SURGEONS. for improvement in spring-balance computing scales.-Computing Scale Co. of America v. In navy, see “Army and Navy." Automatic Scale Co., 307. 8 5. Patents enumerated.
*Members of voluntary unincorporated pilot
association held not liable to owners of piloted ORIGINAL.
vessels for negligence of each other.-Guy V. 106,869. Computing scale, cited...... 310 Donald, 63. 378,382. Spring scales, cited....
311 421,805. Computing scale, cited..
PLEA. 492,913. Electric lamp lighter, cited. 611 545,616. Price scales, cited....
311 In civil actions, see “Pleading," § 1. 545,619. Computing scales, cited..
310 651,801. Price scales, cited..
311 700,919. Spring-balance computing scale,
PLEADING. held limited and not infringed.. 307
Allegations of diverse citizenship as ground of
jurisdiction of United States court, see PAVING.
*Courts," $ 5.
Harmless error in rulings on, see "Appeal and Duties of street railroad as to paving streets, Error," $ 6. see "Street Railroads," & 2.
In equity, see "Equity," $ 2.
*Point annotated. See syllabus. 27 S.C.-53
8 1. Plea or answer, cross complaint,
PRACTICE. and affidavit of defense. Plea, in an action on a bond given to secure Adoption by United States courts of practice of sales of merchandise on credit, held insufficient
state courts, see "Courts," 8 7. to constitute a valid set-off.—McGuire v.
In land office, see "Public Lands," $ 1.
In particular civil actions or proceedings. ligees in a bond securing sales on credit, plead- See "Contempt," $ 2; "Mandamus,” g 2. ed as a set-off, should show that the damages Condemnation proceedings, see “Eminent Doare not obscure, but such as would naturally main," $ 2. result.--McGuire v. Gerstley, 332; Clark v. Same, 337.
Particular proceedings in actions. Pleas in an action on a bond given to secure
See “Appearance"; "Evidence"; "Judgment” sales on credit held insufficient. McGuire v.
"Judicial Sales" ; "Limitation of Actions" Gerstley, 332; Clark v. Same, 337.
"Pleading"; "Removal of Causes"; "Trial. § 2. Defects and objections, waiver,
Particular remedies in or incident to actions. and aider by verdict or judgment See “Injunction"; "Receivers." Question whether election by a trustee in
Procedure in criminal prosecutions. bankruptcy to avoid a preference should be exercised by a demand before suit, or can be see "Criminal Law”; “Extradition.” exercised by the suit itself, held not open to Procedure in exercise of special or limited jurisdefendant, where it did not stand on its de
diction. murrer, but answered.-Eau Claire Nat. Bank In admiralty, see "Admiralty.” V. Jackman, 391.
In bankruptcy, see “Bankruptcy,” § 1.
In equity, see "Equity.'
Procedure in or by particular courts or tribunals. Effect of proceedings in bankruptcy, see “Bank- See “Courts.”
ruptcy," $$ 3-5. Of bank stock, see "Banks and Banking," $ 1.
Procedure on review. Of warehouse receipts, see "Warehousemen.” See "Appeal and Error"; "Exceptions, Bill of."
PREFERENCES, See "Constitutional Law," & 3.
By carriers, see "Carriers," $ 1.
Effect of proceedings in bankruptcy, see "BankPOLICY.
ruptcy," $ 3. Of insurance, see "Insurance."
Ground for reversal in civil actions, see "Ap
peal and Error," $ 6. Laws relating to community property in terri
tory of, see "Husband and Wife," 1. Lis pendens under Porto Rico mortgage law, see
PRESCRIPTION. "Lis Pendens." Removal of causes from courts of, see "Remov- Acquisition of rights, see "Adverse Possession,” al of Causes," § 1.
On appeal or error, see "Appeal and Error,"
$6. See "Adverse Possession."
PRINCIPAL AND AGENT.
See "Brokers." Laws relating to liabilities for injuries to mail Power of attorney distinguished from deed, see clerks as denying equal protection of law, see "Deeds," 8 1. “Constitutional Law," § 6.
§ 1. The relation. $ 1. Post-office department, post offices, *An interest in the property of which a power postmasters, and other officers.
is to operate held essential to make a power Power of Congress to establish post offices of attorney one coupled with an interest so as and post roads held not infringed by Act Pa. not to be subject to revocation. -Taylor v. April 4, 1868, under which a railway postal Burns, 40. clerk can have no greater rights against railway company for injuries than an employé.-Martin | $ 2. Rights and liabilities as to third v. Pittsburg & L. E. R. Co., 100.
*Knowledge of local attorney and president POWERS.
of board of directors of foreign building asso
ciation must be imputed to company.-ArmOf attorney, see "Principal and Agent."
strong v. Ashley, 270. Power of attorney distinguished from deed, see *Fraud of agent cannot alter legal effect of "Deeds," $ 1.
his knowledge with respect to his principal in *Point annotated. See syllabus.