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See "Courts," § 3.
Grounds for jurisdiction, see "Courts," § 3.
See "Master and Servant," § 1.
Caused by operation of railroad, see "Railroads," § 10.
Of mortgage, see "Mortgages," § 1.
See "Corporations," § 3.
For nonpayment of internal revenue tax, see "Internal Revenue.
Of copies of infringing publication, see "Copyright," § 2.
Of insurance, see "Insurance," § 1.
See "Judgment," § 1.
FORMS OF ACTION.
Ground for rescission of contract, see "Contracts," § 3.
In contract for sale of realty, see "Vendor and Purchaser," § 1.
Use of mails to defraud, see "Post Office," $ 1.
FRAUDS, STATUTE OF.
§ 1. Requisites and sufficiency of writ ing.
*Certain correspondence evidencing a contract of employment not to be performed within a year which was vague and required to be supplemented by conversations and parol proof, held insufficient to satisfy the statute of frauds. -Ballantine v. Yung Wing (C. C.) 621.
From justice, see "Extradition."
§ 1. Gambling contracts and transactions.
*An order to sell stocks for future delivery, intended to be executed on the New York stock exchange, when executed, creates a valid contract, unless both parties joined in the intention that there should be no delivery, but merely the payment of the difference between the market and the contract price.-Berry v. Chase (C. C. A.) 625.
§ 1. Persons and property subject to garnishment.
Sums due to a railroad company from other companies as its share of freight collected by them on continuous interstate shipments are not subject to attachment by garnishment of the debtors under the foreign attachment laws of another state in which the defendant cannot be personally sued.-Davis v. Cleveland, C., C. & St. L. R. Co. (C. C.) 403.
Constitutionality of statute subjecting gas companies to penalties for excessive charges as denying equal protection of laws, see "Constitutional Law," § 3.
Transfer tax, see "Internal Revenue."
Of purchaser, see "Vendor and Purchaser," § 3. GRAND JURY.
See "Indictment and Information."
A corporation may be required to produce its books and papers before a grand jury engaged in investigating its acts, within reasonable limits, and a subpoena which requires the production of its minute books for three years and letter copy books covering a period of three or four months is not too broad and sweeping.United States v. American Tobacco Co. (C. C.) 557.
GUARDIAN AND WARD.
Guardianship of insane persons, see "Insane Persons," § 1.
*Point annotated. See syllabus.
§ 1. Appointment, qualification,
tenure of guardian.
Code Alaska, §§ 911 and 912, held to re- See "Insane Persons." late only to the appointment of guardians for persons who reside without the district, having estates within the district where the proceedings are instituted.-Martin v. White (C. C. A.) 461.
*Larceny committed in an Indian reservation in the territory of Oklahoma by one not an Indian is a crime against the laws of the United States, and cognizable by the district courts of the territory under Rev. St. § 2145. -Brown v. United States (C. C. A.) 975.
INDICTMENT AND INFORMATION. See "Grand Jury."
Consolidation of indictments at trial, see "Crim-inal Law," § 3.
Against particular classes of persons. See "Carriers," § 1.
Bank officers, see "Banks and Banking,” § 2.
For particular offenses.
See "Conspiracy," § 1; "Embezzlement"; "LarGiving rebates by carrier, see "Carriers," § 1. ceny," § 1. Violation of postal laws, see "Post Office," § 1. 8 1. Requisites and sufficiency of accu
An averment in an indictment that the ac
cused are "fugitives from justice" is sufficient without further specification to put them upon notice of the charge which the government means to prove.-United States v. Greene (D. C.) 778.
Of bill of exchange or promissory note, see "Bills and Notes," § 1.
HUSBAND AND WIFE.
*To entitle a husband to recover for the loss See "Guardian and Ward."
of his wife's services while she was incapacitated by reason of an injury due to defendant's negligence it is not necessary to show that he
employed or became obligated to pay for the Criminal accusation, see "Indictment and Inservices of another to supply her place as housekeeper.-Garside v. New York Transp. Co. (C. C.) 588.
Of copyright, see "Copyrights," § 2.
Of trade-mark, see "Trade-Marks and Trade-
See "Internal Revenue."
Removal of injunction suit to federal court, see "Removal of Causes," § 2.
Review of discretion of lower court on appeal. see "Appeal and Error," § 5.
*Point annotated. See syllabus.
Relief against particular acts or proceedings.
Jurisdiction of court commissioner to appoint guardian for insane person, see "Court Commissioners."
§ 1. Guardianship.
Code Alaska, § 896, relating to the appointment of guardians for insane persons, held to require service of notice of the hearing, on the alleged insane person.-Martin v. White (C. C. A.) 461.
1. Nature and grounds in general. A lessee of a railroad has an interest therein which entitles it to prevent by legal process any llegal interference with its enjoyment of the eased property, and may maintain a suit in a federal court to enjoin an unauthorized crossing of the track by that of another company which s a citizen of another state although the lessor may be a citizen of the same state as the defendnt.-Pennsylvania Co. v. Lake Erie, B. G. & See "Bankruptcy." N. Ry. Co. (C. C.) 446.
2. Subjects of protection and relief. *Complainants being entitled to condemn a
ight of way for the maintenance of a ditch or In civil actions, see "Trial," § 3.
lume. over defendants' mining claims, complainnts held entitled to an injunction pendente lite estraining defendant's continued interference
with the flume constructed.-Miocene Ditch Co. § 1. Forfeiture of policy for breach of . Jacobsen (C. C. A.) 680.
promissory warranty, covenant, The manufacturer of a proprietary medicine or condition subsequent. old under contracts fixing the price at which it *Laws N. Y. 1897, p. 92, c. 218, § 2, held hould be resold and the persons to whom such inapplicable to save a policy of a New York ales should be made held entitled to an in- company from forfeiture, where no attempt was unction restraining defendants from inducing made to forfeit the same until after the expirar knowingly participating in violations of such tion of more than a year from default in payontracts by purchasers.-Wells and Richardsonment of premium.-McDougald v. New York Co. v. Abraham (C. C.) 190. Life Ins. Co. (C. C. A.) 374.
*A life insurance policy held subject to forfeiture after the expiration of the month of grace.
3. Actions for injunctions. Evidence held to warrant a finding that de--McDougald v. New York Life Ins. Co. (C. C. endants in purchasing a medicine in violation A.) 674. f contracts between the sellers and the manu*A provision in a fire policy, requiring permisacturer had knowledge of such violation.sion of the insurer for the insured's plant to Wells and Richardson Co. v. Abraham (C. C.) remain idle more than 30 days at any one time,
4. Preliminary and interlocutory injunctions.
*The granting or withholding of an injuncion pendente lite ordinarily rests in the sound iscretion of the court to which the applicaon is made.-Vogel v. Warsing (C. C. A.) 949.
*In ejectment to recover certain mining round, the denial of an injunction pendente te held not an abuse of discretion.-Vogel v. Varsing (C. C. A.) 949.
*A preliminary injunction against a state oard denied by a federal court on the ground hat its jurisdiction was doubtful under the leventh constitutional amendment denying juisdiction of suits against a state.-Smith v. lexander (C. C.) 106.
5. Liabilities on bonds or undertakings.
held not objectionable for unreasonableness.Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc. (C. C. A.)
plant, permitted the same to remain idle for *Where insured, the owner of a concentrating more than 30 days at one time without obtaining the consent of the insurer, the policy thereby terminated by its express terms.-Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc. (C. C. A.) 695.
§ 2. Estoppel, waiver, or agreements affecting right to avoid or forfeit policy.
insured on receipt of the policy, insurer's failure *Where the premium on a policy was paid by to return it before action brought did not amount to a waiver of forfeiture.-Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc. (C. C. A.) 695.
§ 3. Risks and causes of loss.
*In an action on an injunction bond attorney's *An accident policy construed and held not ees expended in obtaining a dissolution of the to cover the death of the insured from sepjunction in a territorial court do not consti- ticæmia resulting from a surgical operation for ate a proper element of damage.-Lindeberg appendicitis.-Herdic v. Maryland Casualty Co. Howard (C. C. A.) 467.
(C. C.) 396.
*Point annotated. See syllabus.
§ 4. Actions on policies.
*Where insured warranted that it would keep a day and night watchman constantly in attendance when the property was not in operation, the burden was on insured to prove compliance with such warranty.-Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc. (C. C. A.) 695.
In an action on a policy requiring consent for vacancy for more than 30 days, parol evidence as to defendant's knowledge that the property was idle during the life of a previous policy, and evidence of inquiries made by insurer as to the status of the property, held inadmissible to show waiver of such clause.-Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc. (C. C. A.) 695.
Proof of the presence of a watchman for 30 days prior to the fire held not a compliance with the warranty requiring a day and night watchman in constant attendance when the property was idle or inoperative.-Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc. (C. C. A.) 695.
corpus held a contingent legacy, and taxable under War Revenue Act, June 13, 1898, c. 448, 30 Stat. 464, as amended by Act March 2, 1901, c. 806, 31 Stat. 948 [U. S. Comp. St. 1901, pp. 2307, 2308], and Act June 27, 1902, c. 1160, 32 Stat. 406 [U. S. Comp. St. Supp. 1905, p. 449], only to the extent of the grandson's interest during minority.-Herold v. Shanley (C. C. A.) 20.
Interest held properly allowed on the princi pal of an internal revenue tax illegally levied on certain legacies.-Herold v. Shanley (C. C A.) 20.
tion of the internal revenue law under Rev Where goods seized by a collector for viola St. § 3453 [U. S. Comp. St. 1901, p. 2278] are attached while in his hands by the marshal on process issued in proceedings for their forfeiture and a bond for their release is thereafter giver by the claimant under section 3459 [U. S Comp. St. 1901, p. 2281] the proviso to said section requiring notice of the pendency of the proceedings in court to be given to the parties executing the bond is inapplicable.-United States v. 59,650 Cigars (C. C. A.) 130.
Affecting or element of particular acts or trans- unstamped spirits prior to seizure by the United
See "Injunction," § 4.
The allowance of a tobacco tax rebate under Act Cong. April 12, 1902, c. 500, § 4, 32 Stat. 97 [U. S. Comp. St. Supp. 1905, p. 445], by some executive officer of the government held not a condition precedent to the claimant's right to recover the same.-United States v. Hyams (C. C. A.) 15.
Use of mortality tables for the purpose of assessing an internal revenue tax on legacies, the enjoyment of which was contingent upon the death or remarriage of testator's widow, held erroneous. Herold v. Shanley (C. C. A.) 20.
Under Act Aug. 27, 1894, c. 345 48, 28 Stat 563 [U. S. Comp. 1901, p. 2109], a buyer of States for violation of the internal revenue lav by the distiller held not entitled to recover payment of the internal revenue tax thereo made by such buyer to the government.-Har kins v. Williard (C. C. A.) 703.
Under Rev. St. § 3334 [U. S. Comp. St. 1901 p. 2183], on the forfeiture of stamped liquor for violation of the internal revenue law, th stamps as well as the liquor are forfeited.-Har kins v. Williard (C. C. A.) 703.
misconduct of the distiller, even though the ta: Distilled spirits are subject to forfeiture fo on the same may have been paid in full.—H'ar kins v. Williard (C. C. A.) 703.
The proceeds of a sale of spirits forfeited t the United States for violation of the interna revenue law belong exclusively to the goverr ment, and cannot be applied to the payment o the tax thereon.-Harkins v. Williard (C. C. A. 703.
A method adopted for the assessment of an internal revenue tax on certain legacies that See "Aliens"; "Extradition," § 1. operated to reduce the principal of the estate and diminish the income of the widow held erroneous.-Herold v. Shanley (C. C. A.) 20.
Regulation, see "Commerce."
Reversionary interest of certain legatees held not vested in possession or enjoyment prior to July 1, 1902, and was therefore not subject to taxation under War Revenue Act June 13, 1898, c. 448, 30 Stat. 464, as amended by Act March 2, 1901, c. 806, 31 Stat. 948 [U. S. Comp. St. 1901, pp. 2307, 2308], and Act June 27, 1902, c. In attachment proceedings, see "Attachment, 1160, 32 Stat. 406 [T. S. Comp. St. Supp. 1905, p. 449].-Herold v. Shanley (C. C. A.) 20.
A bequest in trust to pay over the income. to testator's grandson until he arrived at the age of 21 years and then to pay over the
Internal revenue tax, see "Internal Revenue. *Point annotated. See syllabus.
judicial sales conducted by an officer of the law. -Anderson v. Messinger (C. C. A.) 929.
Presented for review on appeal, see "Appeal Effect of appearance, see "Appearance." and Error," § 1.
Effect of removal of cause on right to challenge jurisdiction, see "Removal of Causes," § 5.
Jurisdiction of particular actions or pro
ceedings. Administration of estate of bankrupt, see "Bankruptcy," § 4. Against trustee in bankruptcy, see "Bankruptcy," § 5.
Deportation proceedings, see "Aliens." Special jurisdictions and jurisdictions of particular classes of courts. See "Admiralty," § 1; "Court Commissioners”; "Courts"; "Equity," § 1.
See "Grand Jury."
*Where the judge of a federal court who presided at the trial of a criminal case dies pendng a motion by defendant for a new trial, his successor is authorized by Rev. St. § 953, as mended by Act June 5, 1900, c. 717, § 1, 31 Stat. 270 [U. S. Comp. St. 1901, p. 6961 to letermine such motion on the merits, when the evidence has been taken in stenographic notes, or he is otherwise satisfied that he can do so§ airly, and allow a true bill of exceptions.United States v. Meldrum (D. C.) 390.
Decisions of courts in general, see "Courts," $ 2.
in action by or against foreign corporations, see "Corporations," § 3.
On appeal or writ of error, see "Appeal and Error," § 6.
Review, see "Appeal and Error."
Sales under judgment, see "Judicial Sales."
1. Merger and bar of causes of action and defenses.
An order made by a court of bankruptcy in ummary proceedings therefor refusing to diect a third person to turn over to the trustee money and property of the bankrupt, claimed to be in the possession or under the control of such hird person is not a bar to a subsequent action y the trustee against such person to recover he value of such money and property on the round that it was transferred to defendant by he bankrupt with intent to hinder, delay, and efraud his creditors.-Murray v. Joseph (D. C.) 60.
n civil actions, see "Evidence," § 1.
*The rule that a pledgee who is a trustee canot purchase at his own sale is inapplicable to
Instructions in civil actions, see "Trial," § 3. Taking case or question from jury at trial, see "Trial," § 2. Verdict in civil actions, see "Trial," § 4. 1. Right to trial by jury.
Chinese deportation proceedings when appealed to the United States District Court held not "causes" within Rev. St. § 566 [U. S. Comp. St. 1901, p. 461] providing for a trial by jury of issues of fact.-Toy Tong v. United States (C. C. A.) 343.
the right of trial by jury in suits at common Federal Const. Seventh Amend., securing law, where the value in controversy exceeds $20, applies to judicial proceedings in the territories of the United States.-Carlson v. Sullivan (C.. C. A.) 476.
Under Federal Const. Seventh Amend. a party in possession of land, claiming the wholeof the issue of title.-Carlson v. Sullivan (C. title, is entitled as of right to trial by jury C. A.) 476.
§ 2. Summoning, attendance, discharge, and compensation.
Where, after the commission of an alleged crime in a federal district, the division of the district in which it was committed is changed by the creation of a new division therefrom, the district as "previously ascertained by law," within the meaning of the sixth constitutional amendment, which constitutes the vicinage from which the jury must be drawn for the trial of the accused, comprises the division as it stood before the change.-United States v. Greene (D. C.) 776.
Enforcement of maritime lien, see "Maritime Liens," § 2. *Point annotated. See syllabus.