40 (U.S.D.C.Cal.) Penal provision of War-54(12) (U.S.D.C.N.Y.) Secretary of Labor Time Passport Act held not continued in force (War-Time Passport Act 1918 [22 USCA §§ 223-226]; 22 USCA § 227).-U. S. v. One Airplane, 23 F. (2d) 500. 40 (U.S.D.C.Wash.) Immigration statute and Prussian Treaty should, if possible, be construed to give effect to both.-Hempel v. Weedin, 23 F. (2d) 949. 46 (U.S.C.C.A.Utah) Statute originally passed as war measure and President's proclamation constituted law prescribing conditions on which alien might enter prior to General Immigration Act (22 USCA §§ 223-226; General Immigration Act [8 USCA §§ 201-226]).Felich v. Meier, 23 F. (2d) 185. 46 (U.S.D.C.Cal.) Alien, who was permitted to enter country on false representation to immigration officer that he was citizen, entered without "inspection" (Immigration Act, § 19 [8 USCA § 155]).-Ex parte Saadi, 23 F. (2d) 334. 46 (U.S.D.C.Wash.) Prussian Treaty of May 1, 1828, and immigration laws regulate right of German citizen of Prussia to enter and sojourn in United States (8 Stat. 378).-Hempel v. Weedin, 23 F. (2d) 949. 53 (U.S.C.C.A.Utah) Alien, entering under unexpired passport of another, held subject to deportation (8 USCA § 155; 22 USCA §§ 223226; 22 USCA § 227).-Felich v. Meier, 23 F. (2d) 185. 53 (U.S.D.C.Cal.) On habeas corpus to release alien, ordered deported for unlawful entry, former entry and sojourn are immaterial to legality of last entry.-Ex parte Saadi, 23 F. (2d) 334. 53 (U.S.D.C.Wash.) German citizen of Prussia held not subject to deportation because of crime involving moral turpitude in Prussia, which was fully pardoned before he entered United States (Immigration Act § 19 [8 USCA § 155).-Hempel v. Weedin, 23 F.(2d) 949. Statute, providing for deportation of alien convicted prior to entry of felony involving moral turpitude, should be construed unaffected by proviso relative to pardons (Immigration Act, § 19 [8 USCA § 155]).—Id. 54 (5) (U.S.C.C.A.Cal.) Limitation for deportation proceedings runs from last entry, notwithstanding temporary voluntary departure. -Ex parte Parianos, 23 F.(2d) 918. 54(6) (U.S.D.C.N.Y.) Alien arrested for deportation may be released pending hearing only on bond conditioned as prescribed by statute (Immigration Act 1917, § 20 [8 USCA § 156]). -Hajdamacha v. Karnuth, 23 F. (2d) 956. Warrant of arrest may be signed by assistant to Secretary of Labor (5 USCA § 613a).—Id. 54(7) (U.S.C.C.A.Mich.) Presumption is that marriage of alien woman to American citizen is legal and that she is not sùbject to deportation (Comp. St. §§ 3958-3964).-Prentis v. McCormick, 23 F. (2d) 802. 54 (9) (U.S.C.C.A.Cal.) Evidence held sufficient to justify deportation on ground that alien was connected with house of prostitution (Immigration Act 1917 [Comp. St. § 42894a et seq.]).-Caranica v. Nagle, 23 F. (2d) 545. cannot be required by alien ordered deported to exercise option as to country of deportation in favor of country of alien's choice (Immigration Act 1917, § 20 [8 USCA § 156]).-Hajdamacha v. Karnuth, 23 F.(2d) 956. 54(13) (U.S.D.C.N.Y.) Warrant of deportation may be signed by Assistant to Secretary of Labor (5 USCA § 613a).-Hajdamacha v. Karnuth, 23 F. (2d) 956. 54(15) (U.S.C.C.A.Cal.) False testimony in deportation proceeding, relative to alien's conviction for possessing liquor, held not to vitiate proceeding, where other evidence supported order (Immigration Act 1917 [Comp, St. § 42894a et seq.]).-Caranica v. Nagle, 23 F. (2d) 545. 54(16) (U.S.D.C.Cal.) Courts cannot interfere with Labor Department's judgment as to deportation of alien, unless no evidence supports it, or law was misapplied (Immigration Act).-Ex parte Saadi, 23 F. (2d) 334. 54(17) (U.S.C.C.A.Cal.) Credibility of deportation witnesses and weight of evidence is for administrative officers and not reviewable on habeas corpus.-Ex parte Parianos, 23 F. (2d) 918. 54(17) (U.S.C.C.A.Utah) Evidence held to sustain finding on habeas corpus that alien neither shared in prostitutes' earnings nor was connected with house of prostitution (Comp. St. § 42894a et seq.).-Meier v. Lebaris, 23 F. (2d) 187. 57 (U.S.C.C.A.) Transportation company held not subject to fine for bringing in domiciled alien from temporary absence (Immigration Act 1917, § 3 [8 USCA § 136]; $9, as amended by Act May 26, 1924, § 26 [8 USCA 145]).-Dollar S. S. Line v. Hyde, 23 F. (2d) 910. IV. NATURALIZATION. 68(2) (U.S.D.C.Wash.) German citizen, having acquired citizenship in Canada, must renounce allegiance to King of Great Britain to acquire citizenship in United States. In re Gottschalk, 23 F. (2d) 966. AMICUS CURIE. 3 (U.S.C.C.A.Colo.) Amicus curiæ cannot take exceptions to rulings, take case from one court to another, or apply for rehearing.-City and County of Denver v. Denver Tramway Corporation, 23 F. (2d) 287. APPEAL AND ERROR. III. DECISIONS REVIEWABLE. 76(1) (U.S.D.C.Tex.) Decision is final, as regards appeal, when it terminates litigation on merits of case, leaving only enforcement by execution of what was determined (Jud. Code, § 128 [2S USCA § 225]).-Watson v. Employers' Liability Assur. Corporation, 23 F. (2d) 682. V. PRESENTATION AND RESERVATION (A) Issues and Questions in Lower Court. 172 (3) (U.S.C.C.A.Mich.) Refusal on partnership accounting of interest on interest, under former decree including interest items, held not error, where claim not made below.-Ruggles v. Buckley, 23 F. (2d) 230. 54(10) (U.S.C.C.A.Cal.) Deportation hearing held not unfair, in that alien was denied opportunity to cross-examine certain witnesses, where their statements were not considered (Immigration Act 1917 [Comp. St. § 42894a et seq.).-Caranica v. Nagle, 23 F. (2d) 545. Inspector's refusal to disclose names of persons giving testimony detrimental to alien's character did not make deportation hearing unfair (Immigration Act 1917 [Comp. St. § 184 (U.S.C.C.A.Ky.) Question of equity ju42894a et seq.]).-Id. Hearing was not unfair because alien was given no opportunity to cross-examine witness whose testimony was not relied on nor submitted to secretary (Immigration Act 1917 [Comp. St. § 42894a et seq.]).—Id. (B) Objections and Motions, and Rulings Thereon. risdiction in suit by trustee to recover alleged preference was waived by failure to object at trial.-O. L. Stanard Dry Goods Co. v. Tackett, 23 F.(2d) 919. 185(1) (App.D.C.) Want of jurisdiction apparent on face of record will be taken notice of For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER by appellate court, though not relied on in court below (Court of Appeals of District of Columbia, rule 5 [3]).-Lewis-Hall Iron Works v. Blair, 23 F. (2d) 972. 200 (U.S.C.C.A.W.Va.) Objection to qualifications of jurors held too late on writ of error.-Dunagan v. Appalachian Power Co., 23 F. (2d) 395. 203(1/2) (App.D.C.) Question as to identity of witness Thornton R. Burns, who was subpoenaed as Thornton W. Burns, cannot be raised for first time on appeal.-Bailey v. Smith, 23 F. (2d) 977. 212 (U.S.C.C.A.Okl.) In absence of objection to granting of directed verdict only, sufficiency of evidence could be considered on appeal.-Vance v. Chapman, 23 F. (2d) 914. 230 (U.S.C.C.A.S.D.) Question of evidence to sustain court's finding is reviewable only when question has been presented during trial, which ends when issues are submitted to court. -Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. Requests after close of trial for findings and rulings thereon are discretionary, and not subject to review.-Id. (C) Exceptions. ject on appeal.-O. L. Stanard Dry Goods Co. v. Tackett, 23 F. (2d) 919. 733 (U.S.C.C.A.Colo.) Assignments that held too general.-Harris v. Newsom, 23 F. (2d) judgment is contrary to law and to evidence 652. XIII. DISMISSAL, WITHDRAWAL, OR ABANDONMENT. 781(6) (U.S.C.C.A.Miss.) Where claims of certain claimants were settled, appeal from`decree as to them was dismissed.-Maryland Casualty Co. v. Dulaney Lumber Co., 23 F. (2d) 378. XVI. REVIEW. (A) Scope and Extent in General. 842 (7) (U.S.C.C.A.S.D.) Appellate court cannot reverse finding by court in law action or judgment based thereon (28 USCA § 879).— Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. 846(3) (U.S.C.C.A.Colo.) Assignments to holdings of court will not be considered, in absence of declarations of law in form permitting review.-Harris v. Newsom, 23 F. (2d) 652. Remarks of court cannot be treated as declarations of law, for review on writ of error. -Id. 263(1) (U.S.C.C.A.Porto Rico) Exceptions must be taken to justify assignment that court 846(5) (U.S.C.C.A.Neb.) In absence of reerred in giving instructions.-Manjon v. Lebron, 23 F.(2d) 266. 263 (3) (U.S.C.C.A.Porto Rico) Exceptions must be taken to justify assignment that court erred in refusing instructions.-Manjon v. Lebron, 23 F. (2d) 266. 265(1) (U.S.C.C.A.Neb.) If not excepted to. denial of motion for special findings could not be reviewed.-U. S. v. Edwards, 23 F. (2d) 477. 268(2) (U.S.C.C.A.China) Insufficiency of testimony to support special findings cannot be reviewed, where findings were not excepted to (Jud. Code, § 269, as amended in 1919 [28 USCA § 391]).-Gillespie Hongkong & Shanghai Banking Corporation, 23 F. (2d) 670. V. (A) Matters to be Shown by Record. 499 (1) (U.S.C.C.A.Okl.) Court's ruling on motion for directed verdict held not reviewable on mere entry from clerk's journal appearing in transcript, where no objection or exception was shown by bill of exceptions.-Vance v. Chapman, 23 F. (2d) 914. quest by plaintiff in error for findings and conclusions, facts can only be reviewed to ascertain whether finding is supported by substantial evidence.-U. S. v. Edwards, 23 F. (2d) 477. 846(5) (U.S.C.C.A.Ohio) Where pleadings warranted judgment, appellate court could not, in absence of findings of fact, review facts and law conclusions, on which judgment was based. -Globe & Rutgers Fire Ins. Co. v. Storer, 23 F.(2d) 921. 849(1) (U.S.C.C.A.Colo.) Alleged error in admitting testimony is not reviewable, where jury was not waived in writing filed with clerk (28 USCA §§ 773, 875).-Harris v. Newsom, 23 F. (2d) 652. 850(1) (U.S.C.C.A.Utah) In case tried to court, appellate court cannot re-examine any question of fact entering into general judgment (28 USCA §§ 773, 875).-Northern Pac. Ry. Co. v. Standard Coal Co., 23 F. (2d) 656. 850(2) (U.S.C.C.A.Colo.) General finding by trial court, in case tried without jury, cannot be reviewed (28 USCA §§ 773, 875).Harris v. Newsom, 23 F. (2d) 652. or 854 (2) (App.D.C.) Correct judgment order will not be reversed, because trial court grounds.-Lewis-Hall Iron Works v. Blair, 23 based decision on insufficient or erroneous F. (2d) 972. Review held limited to matters raised by bill of exceptions, irrespective of statute preventing reversal for technical errors (Judicial Code. $863 (App.D.C.) On special appeal from 269, as amended by Act Feb. 26, 1919 [28 USCA § 391]).-Id. (C) Necessity of Bill of Exceptions, Case, (K) Questions Presented for Review. temporary injunction, only question of jurisdiction will be determined.-Federal Trade Commission v. Millers' Nat. Federation, 23 F.(2d) 968. (C) Parties Entitled to Allege Error. 882(3) (U.S.C.C.A.Colo.) City, having prior to and since commencement of litigation by street railway taken position that ordinances granting franchises were valid, cannot thereafter contend ordinances were void ab initio.-City and County of Denver v. Denver Tramway Corporation, 23 F. (2d) 287. 671 (3) (U.S.C.C.A.Colo.) Questions raised by assignments as to which evidence was not returned in transcript of record are not review-882(3) (U.S.C.C.A.N.M.) Surety, suing inable.-City and County of Denver v. Denver Tramway Corporation, 23 F. (2d) 287. 694(2) (U.S.C.C.A.Okl.) Failure of bill of exceptions to show both parties moved for directed verdict prevented consideration of effect of motions.-Vance v. Chapman, 23 F. (2d) 914. XI. ASSIGNMENT OF ERRORS. 719(3) (U.S.C.C.A.Ky.) Question of equity jurisdiction in suit by trustee to recover alleged preference was waived by failure to ob dividual claimants to have liability on highway contractor's bond prorated, could not assert on appeal that bond protected state only.-American Surety Co. of New York v. James A. Dick Co., 23 F. (2d) 464. (E) Presumptions. 907 (4) (U.S.C.C.A.S.D.) Court's findings raise presumption that there was competent evidence supporting them, in absence of certificate that bill of exceptions contains all evi dence.-Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. 927 (7) (U.S.C.C.A.Ind.) Appellate court must view testimony most favorably to party against whom motion to direct verdict is directed.-New York, C. & St. L. R. Co. v. Slater, 23 F.(2d) 777. 931(1) (U.S.C.C.A.Okl.) Chancellor's findings on conflicting evidence are presumably correct.-Bowmaster v. Carroll, 23 F. (2d) 825. (F) Discretion of Lower Court. 969 (U.S.C.C.A.S.D.) In action at law tried by court, making special findings is discretionary, and refusal is not subject to review.Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. 977 (5) (U.S.C.C.A.S.D.) Denying new trial, or any motion made therein, is not reviewable in appellate court.-Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. (G) Questions of Fact, Verdicts, and Findings. 1008(1) (U.S.C.C.A.Ky.) Findings of lower court are accepted as facts on appeal.-Fordson Coal Co. v. Asher, 23 F. (2d) 325. 1022(1) (U.S.C.C.A.Va.) Finding of special master, approved by District Court, will not be disturbed on appeal, unless clearly wrong. -Cory Mann George Corporation v. Old, 23 F. (2d) 803. (H) Harmless Error. 1050(1) (U.S.C.C.A.Porto Rico) In eject ment, evidence that person entering premises made statements showing he was agent of defendant held prejudicial error.-Manjon v. Lebron, 23 F. (2d) 266. action for 1064 (1) (U.S.C.C.A.N.Y.) In breach of sales contract, charge that bank, holding title to goods as security, promising to hold goods of specified quality, was liable as joint seller, held harmless error.-Gotham Nat. Bank of New York v. Sharood Co., 23 F. (2d) 567. (1) Error Waived in Appellate Court. ~ 1078(1) (U.S.C.C.A.Colo.) not argued will be considered abandoned.-Harris v. Newsom, 23 F. (2d) 652. 51 (App.D.C.) Disability due to military service and absence of willful misconduct must be shown, except in cases excepted by statute, in action for compensation under World War Veterans' Act (World War Veterans' Act 1924, $ 200, as amended July 2, 1926 [38 USCA § 471]).-Hines v. Welch, 23 F.(2d) 979. Director of Veterans' Bureau held not guilty of arbitrary abuse of discretion in refusing to follow judgment in action for war risk insurance in allowing compensation (World War Veterans' Act 1924, § 200, as amended by Act July 2, 1926 [38 USCA § 471]).-Id. 512 (U.S.C.C.A.Neb.) Statute waiving war risk insurance premiums of incompetent held inapplicable to incompetent, not rated as such by Veterans' Bureau (World War Veterans' Act, § 306_[38 USCA § 517]).-U. S. v. Edwards, 23 F. (2d) 477. Statement of government's counsel respecting submitting of question of deceased soldier's incompetency to Veterans' Bureau held to waive objection to failure to procure bureau's rating (World War Veterans' Act, § 306 [38 USCA § 517]).-Id. Assignments511⁄2 (U.S.C.C.A.Pa.) District Court has jurisdiction of action on adjusted service certificate issued to veteran of World War (Act May 19, 1924, § 501 [38 USCA § 641]).—Williams v. U. S., 23 F. (2d) 792. 1078(5) (U.S.C.C.A.Colo.) Assignment of error, not argued, will be deemed waived.-City and County of Denver v. Denver Tramway Corporation, 23 F. (2d) 287. (J) Decisions of Intermediate Courts. 1094 (2) (U.S.C.C.A.Mass.) Concurrent findings of two tribunals of fact should not generally be reversed, unless clearly erroneous.U. S. v. Boston Sand & Gravel Co., 23 F. (2d) 839, affirming decree (D. C.) Boston Sand & Gravel Co. v. U. S., 16 F. (2d) 643. 1094 (2) (U.S.C.C.A.Porto Rico) Fact finding, in which district court and Supreme Court of Porto Rico concurred, will not be disturbed, unless clearly wrong.-De Leon v. Cortes, 23 F. (2d) 636. (K) Subsequent Appeals. 1096(3) (U.S.C.C.A.Colo.) City for more than five years and on former appeal, treating suit as one in equity between it and receiver, cannot on later appeal contend otherwise.-City and County of Denver v. Denver Tramway Corporation, 23 F. (2d) 287. 1097(1) (U.S.C.C.A.Colo.) Rulings on former appeal become law of case.-City and County of Denver v. Denver Tramway Corporation, 23 F.(2d) 287. 1099 (2) (U.S.C.C.A.Colo.) Jurisdictional questions, presented and decided on former appeal, are not open to review.-City and County of Denver v. Denver Tramway Corporation, 23 F. (2d) 287. ARREST. II. ON CRIMINAL CHARGES. 63 (3) (U.S.D.C.N.Y.) Duty of state peace officer to arrest any person committing offense against United States in his presence.-U. S. v. Bumbola, 23 F. (2d) 696. 71 (App.D.C.) Arresting officer, having knowledge of offense, may search defendant's person and property for evidences.-Maynard v. U. S., 23 F. (2d) 141. ASSIGNMENTS. III. RIGHTS AND LIABILITIES OF 90 (U.S.C.C.A.Miss.) Bank, loaning money to highway contractor, was entitled under assignment only to funds payable to contractor.Maryland Casualty Co. v. Dulaney Lumber Co., 23 F. (2d) 378. Bank, taking assignments from highway contractor, could acquire nothing of value, unless contract resulted in profit.-Id. 98 (U.S.C.C.A.Miss.) Bank, advancing money to highway contractor under assignment of funds due contractor, could not recover of without knowledge of assignment, surety, amount of current estimate paid to contractor and applied by him and surety to bills for labor and material.-Maryland Casualty Co. v. Dulaney Lumber Co., 23 F. (2d) 378. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 104 (U.S.C.C.A.Miss.) Labor and material claims were superior to claims held by bank, advancing money to highway contractor under assignments.-Maryland Casualty Co. v. Dulaney Lumber Co., 23 F. (2d) 378. ASSIGNMENTS FOR BENEFIT OF I. REQUISITES AND VALIDITY. 118 (U.S.C.C.A.Va.) Validity of preferences under assignment for creditors is governed by law of state where parties reside and subjectmatter is located.-Cory Mann George Corporation v. Old, 23 F.(2d) 803. AUTOMOBILES. VII. OFFENSES AND PROSECUTIONS. (B) Prosecution and Punishment. 355(12) (U.S.C.C.A.Ind.) Evidence held to support conviction of defendants buying automobiles for violating National Motor Vehicle Theft Act (18 USCA § 408).-Overby v. U. S., 23 F. (2d) 908. 356 (U.S.C.C.A.Ind.) Whether defendant selling automobiles to codefendants was guilty of violating National Motor Vehicle Theft Act held for jury (18 USCA § 408).-Overby v. U. S., 23 F. (2d) 908. 357 (U.S.C.C.A.Ind.) Instruction that, if defendant sold stolen automobiles knowing they would be transported, defendant was guilty of unlawful interstate transportation, held proper (National Motor Vehicle Theft Act [18 USCA § 408]).-Overby v. U. S., 23 F. (2d) 908. BAIL. II. IN CRIMINAL PROSECUTIONS. 75 (U.S.C.C.A.S.D.) Failure of principal to appear for trial at time stated, though case was not ready, was ground for forfeiture of bail bond.-Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. 79(2) (U.S.C.C.A.S.D.) Attempted exoneration of surety from bail bond by commissioner in district other than that wherein principal was indicted and was to be tried was void (18 USCA § 599).-Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. 84 (U.S.C.C.A.S.D.) Defects of indictment constituted no defense to action against surety on bail bond adjudged forfeited for failure of principal to appear for trial.-Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. 89(1) (U.S.C.C.A.S.D.) In action on bail bond it was unnecessary to allege that bond had been forfeited as against defendant surety.Southern Surety Co. of Des Moines, Iowa, v. U. S., 23 F. (2d) 55. BANKRUPTCY. I. CONSTITUTIONAL AND STATUTORY PROVISIONS. 6 (U.S.D.C.Va.) Amendment of statute held not applicable to pending petition for discharge (Bankr. Act, § 14b[2], as amended by Act May 27, 1926. § 6 [11 USCA § 32]).—In re Wyatt, 23 F. (2d) 350. II. PETITION, ADJUDICATION, WARRANT, 22 (U.S.D.C.Me.) Omission to file exceptions to report of special master in bankruptcy proceedings, in accordance with equity rule, held not jurisdictional (equity rule 66).-In re Kenney & Greenwood, 23 F.(2d) 681. Equity rules in bankruptcy matters may be looked to for analogies, but not as rules.-Id. Bankruptcy 100(1) (U.S.D.C.N.Y.) Adjudication based (C) Involuntary Proceedings. on validity of claim consented to by bankrupt and one creditor does not estop trustee and other creditors from denying claim's validity.Massee & Felton Lumber Co. v. Benenson, 23 F. (2d) 107. (D) Warrant and Custody of Property. 114(1) (U.S.C.C.A.Pa.) Surreptitious removal by bankrupts of property after its delivery to receiver is violation of order to deliver and "contempt of court."-Marcus v. Pennsylaffirming decree (D. C.) In re Marcus, 21 F. vania Trust Co. of Pittsburgh, 23 F. (2d) 303, (2d) 483. III. ASSIGNMENT, ADMINISTRATION, (B) Assignment, and Title, Rights, and 136(6) (U.S.C.C.A.N.Y.) Greater degree of proof than clear preponderance of evidence is not required in turnover proceeding.-In re Oriel, 23 F. (2d) 409, affirming order (D. C.) 17 F. (2d) 800. 136(9) (U.S.C.C.A.N.Y.) Contempt proceeding for bankrupts' failure to comply with turnover order held to be for civil contempt.-In re Oriel, 23 F. (2d) 409, affirming order (D. C.) 17 F. (2d) 800. Commitment for contempt is proper, where person fails to obey order in bankruptcy, presumption being that he willfully disobeyed.-Id. 136(9) (U.S.C.C.A.N.Y.) Motion in bankruptcy to punish for contempt for disobeying turnover order is civil proceeding.-In re Prela, 23 F. (2d) 413. 136(10) (U.S.C.C.A.N.Y.) Regularity, correctness, or validity of turnover order cannot be examined in contempt proceeding to punish for failure to comply therewith.-In re Oriel, 23 F. (2d) 409, affirming order (D. C.) 17 F. (2d) 800. 136(12) (U.S.C.C.A.N.Y.) Prima facie case for contempt is established by showing failure to comply with turnover order.-In re Oriel, 23 F.(2d) 409, affirming order (D. C.) 17 F. (2d) 800. In contempt proceeding against bankrupts for failure to turn over books as ordered, proof beyond reasonable doubt that they had books and willfully refused to turn them over held not required.—Id. One disobeying turnover order is presumed to act willfully.-Id. 136(12) (U.S.C.C.A.N.Y.) Disobedience of turnover order in bankruptcy presents prima facie case of contumacy for punishment.-In re Prela, 23 F. (2d) 413. On motion to punish for contempt for disobeying turnover order moving party must establish by fair preponderance of proof that order was disobeyed.-Id. Bankrupt, in failing to obey turnover order, is presumed to have willfully disobeyed.—Id. 140(3) (U.S.D.C.Me.) Securities pledged to bankrupt, or proceeds thereof, received by truswood, 23 F. (2d) 681. tee, are recoverable.-In re Kenney & Green That trustee paid out under court order more money than received from sale of pledged securities does not preclude pledgee's recovery.—Id. Comm 151 (U.S.C.C.A.Md.) Bankruptcy trustee has rights and remedies of lien creditor as respects property in bankruptcy court's custody, and of judgment creditor under unsatisfied exetody (Bankr. Act, § 47a, as amended by Act cution as respects property not in court's cusJune 25, 1910, § 8 [11 USCA § 75]).-Sapero v. Neiswender, 23 F. (2d) 403, affirming decree F. (2d) 604. (D. C.) In re Bowling Const. Corporation, 19 155 (U.S.C.C.A.Md.) Interest of assignee of mortgage notes in mortgage lien held superior to that of bankruptcy trustee of record holder of mortgage (Code Md. 1924, art. 21, § 35, and art. 66, § 25; Bankr. Act, § 70a [11 USCA § 110]).-Sapero v. Neiswender, 23 F. (2d) 403, affirming decree (D. C.) In re Bowling Const. Corporation, 19 F. (2d) 604. (C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens. 161(2) (U.S.D.C.Me.) Delivery of collateral within four months of bankruptcy held not voidable preference, right being created theretofore. Jordan v. Greenwood, 23 F. (2d) 506. 184 (28) (U.S.C.C.A.Mich.) Sale contract reserving title in seller held sale with chattel mortgage back, void against buyer's bankruptcy trustee for failure to record.-Martin v. 'Michigan Trust Co., 23 F. (2d) 609, affirming decree (D. C.) In re Thomas-Daggett Co., 20 F. (2d) 410. 184 (234) (U.S.C.C.A.N.J.) Conditional sales contract, not filed as required by state statute at time of bankruptcy, held void as against trustee (Conditional Sales Act N. J.; Bankr. Act, § 47a, cl. 2 [11 USCA § 75]).—In re Press Printers & Publishers, 23 F. (2d) 34. 184 (234) (U.S.D.C.Md.) Under Maryland statute, trustee takes property in possession of bankrupt under unrecorded conditional sale contract free of seller's lien (Code Pub. Gen. Laws Md. 1924, art. 21, § 55). In re Rosen, 23 F. (2d) 687. 185 (U.S.C.C.A.La.) Trustee, as against fraudulent mortgage, could recover property for benefit of creditors; judgment setting aside mortgage being avoided by adjudication (Bankr. Act, § 70e [11 USCA § 110]).-Campbell v. Dalbey, 23 F. (2d) 229. 186(1) (U.S.C.C.A.Mo.) Trustee of bankrupt corporation, which sold bonds for less than par through defendant broker cannot recover of him his profits or compensation (Const. Mo. art. 12, § 8; Rev. St. Mo. 1919, § 9740).—Asel v. Cook, 23 F. (2d) 256. 188(1) (U.S.D.C.Md.) Whether bankrupt's property is subject to lien is determined by local law of situs (Bankr. Act, § 64b[7], 11 USCA § 104). In re Caplan, 23 F. (2d) 680. trustee, in absence of previous notice.-In re Bisenius, 23 F.(2d) 967. 269 (U.S.C.C.A.Colo.) Petition of creditor to vacate sale, alleging fraud in disposition of bankrupt's property, held to state facts requiring full inquiry.-Champlin Refining Co. v. Bailey, 23 F. (2d) 657. (E) Actions by or Against Trustee. 288(1) (U.S.C.C.A.N.Y.) Syndicate's executory contract to pay specified sum to bankrupt in settlement of claim held not summarily enforceable by bankruptcy court.-In re Roman, 23 F. (2d) 556. 288(4) (U.S.D.C.Pa.) Trustee held not guilty of laches in delaying to collect bankrupt's stock, which he believed worthless.-Johnson v. Hanover Trust Co., 23 F. (2d) 542. 288 (6) (U.S.C.C.A.N.Y.) Property may be summarily ordered paid to bankrupt's trustee or receiver only if it belongs to bankrupt and is colorably retained.-In re Roman, 23 F.(2d) 556. 288 (14) (U.S.D.C.Pa.) Money realized from sale of bankrupt's stock under execution on judgment secured by individual creditor held, under evidence, to belong to trustee.-Johnson v. Hanover Trust Co., 23 F.(2d) 542. 299 (U.S.D.C.Ga.) Officers and directors of corporations receiving bankrupt corporation's assets are not proper parties to trustee's accounting suit against corporate transferees.Hoffman v. Lynch, 23 F. (2d) 518. 303(1) (U.S.C.C.A.Ky.) Trustee, suing to recover preference, had burden to prove creditor, receiving payment, knew or should have known preference would result.-O. L. Stanard Dry Goods Co. v. Tackett, 23 F. (2d) 919. 303(4) (U.S.C.C.A.Ky.) Evidence held to sustain finding that payment received by creditor on current indebtedness within four months of debtor's bankruptcy constituted preference.O. L. Stanard Dry Goods Co. v. Tackett, 23 F. (2d) 919. (F) Claims Against and Distribution of Estate. 310 (U.S.C.C.A.Va.) Chattel mortgagees, obtaining judgments on debts, were entitled to liens on buyer's bankruptcy.-American Trust Co. v. W. S. Doig, Inc., 23 F.(2d) 398. 310 (U.S.D.C.Pa.) Creditor, who made additional loan to bankrupt on pledge for that and antecedent debt, held entitled to prove secured claim to extent of present advance.-In re_International Woodenware Co., 23 F.(2d) 188(3) (U.S.C.C.A.Pa.) Order given by bankrupt to creditor held not equitable assignment and invalid as against trustee.-R. W. & M. F. Rose Co. v. Marvin, 23 F. (2d) 842. 188(9) (U.S.C.C.A.S.C.) Mortgage and note executed by bankrupt for land conveyed by his father in carrying out plan of securing 311(1) (U.S.D.C.Pa.) Creditor cannot father's creditors, held valid as respects bankrupt and his trustee.-Lybrand v. Allen, 23 F. (2d) 391. 191(1) (U.S.D.C.Md.) Landlord held to have lien for rent under District of Columbia Code (Code, § 1229).-In re Caplan, 23 F.(2d) 680. 213 (U.S.D.C.Md.) Bankruptcy court may direct sale of mortgaged property by trustee, where state court has not previously acquired jurisdiction. In re Hurlock, 23 F. (2d) 500. 867. prove secured claim based on transfer which is a preference (Bankr. Act, § 60a [11 USCA § 961). In re International Woodenware Co., 23 F. (2d) 867. 314(1) (U.S.D.C.Ohio) Creditors' committee held not to have provable claim for services rendered bankrupt.-In re Rollin Motors Co., 23 F.(2d) 110. Tennessee Bulk 314(3) (U.S.C.C.A.Tenn.) Sales Law held not to preclude seller, not complying with act, from proving claim for price against estate of purchaser in bankruptcy.-MeCallum v. Stem. 23 F. (2d) 491. 217(1) (U.S.C.C.A.S.C.) Burden was on mortgagor's bankruptcy trustee to show mortgage was paid or released.-Lybrand v. Allen, 23314(6) (U.S.C.C.A.Tex.) Trustee cannot be F. (2d) 391. Evidence held not to sustain burden on mortgagor's bankruptcy trustee of proving that mortgage had been paid or released.--Id. 217(1) (U.S.D.C.Md.) Suit in state court to foreclose mortgage, commenced prior to filing bankruptcy petition, may not be interfered with by bankruptcy court.-In re Hurlock, 23 F.(2d) 500. (D) Administration of Estate. 255 (U.S.D.C.Minn.) Wife of bankrupt held not entitled to rent for use of storage room by required to pay taxes assessed against property set aside to bankrupt as exempt (Bankr. Act 1898, § 64, as amended by Act May 27, 1926 [11 USCA § 101]).-Fakes v. Girand, 23 F. (2d) 90. 334 (U.S.C.C.A.Va.) Claimants filing in bankruptcy proceedings contracts showing claims as secured did not abandon claim to security.-American Trust Co. v. W. S. Doig, Inc., 23 F. (2d) 398. 340(4) (U.S.C.C.A.Ky.) Evidence held to sustain order disallowing claim, on ground consideration for bankrupt's indorsement was com |