and June 10, 1896] art. 2 [a], [c], [d]; 33 USCA § 72).-The City of Rome, 24 F. (2d) 729. X. NARROW CHANNELS, HARBORS, RIV. ERS, AND CANALS. 95(4) (U.S.C.C.A.N.Y.) Small launch held at fault for collision with barge being maneuvered out of slip by tug, where it did nothing to get out of way.-The Socony No. 19, 24 F.(2d) 653. XI. SPECIAL CIRCUMSTANCES AND ER RORS IN EXTREMIS. 106 (U.S.C.C.A.N.Y.) Case of vessel maneuvering to leave slip is one of "special circumstances."-The Socony No. 19, 24 F. (2d) 653. XII. SUITS FOR DAMAGES. (A) Right of Action and Defenses. 115 (U.S.C.C.A.N.Y.) Colliding vessel is responsible in full to cargo owners of carrying vessel, where both vessels are at fault (Harter Act [46 USCA §§ 190-195]).-In re U. S. Steel Products Co., 24 F. (2d) 657, reversing order (D. C.) 16 F. (2d) 306. COMMERCE. I. POWER TO REGULATE IN GENERAL. 8 (7) (U.S.D.C.Fla.) Power of state to legislate with reference to interstate commerce of telegraph companies was suspended by federal legislation thereon (Act June 18, 1910 [36 Stat. 539], amending Interstate Commerce Act).-Basila v. Western Union Telegraph Co., 24 F. (2d) 569. State statutes relating to attorney's fees have no application in action against telegraph company for failure to deliver money in interstate and foreign commerce (Act June 18, 1910 [36 Stat. 539], amending Interstate Commerce Act).-Id. 10 (U.S.D.C.Idaho) In absence of national legislation, state may regulate use of highways, and impose license fees on motor vehicles moving in intrastate or interstate commerce.-Sanger v. Lukens, 24 F. (2d) 226. II. SUBJECTS OF REGULATION. 28 (U.S.D.C.Fla.) Transfer of money by telegraph from Florida to New York constitutes "interstate commerce."-Basila v. Western Union Telegraph Co., 24 F. (2d) 569. 33 (U.S.D.C.Fla.) Transmission of money (B) Parties, Preliminary Proceedings, and by express company from New York to Syria is "foreign commerce."-Basila V. Western Union Telegraph Co., 24 F. (2d) 569. Pleading. 116 (U.S.C.C.A.N.Y.) Cargo owners of privately owned vessel colliding with government vessel, which sank, held entitled to intervene in claim by United States for recovery of value of government vessel.-In re U. S. Steel Products Co., 24 F. (2d) 657, reversing order (D. C.) 16 F. (2d) 306. (D) Damages. 130 (U.S.D.C.N.Y.) Interest on damages sustained in collision are ordinarily computed from date of collision, or date expenditures for repairs become payable.-The North America, 24 F. (2d) 846. Interest on collision damages held limited to period of one year from entry of interlocutory decree two years after collision, plus accrued interest from time of collision.-Id. Allowance of interest on damages from collision is not absolute right, but rests in court's discretion. Id. Interest on recovery for collision may be reduced for delay in bringing cause to final determination, though delay was caused by commissioner.-Id. 136 (U.S.D.C.N.Y.) Four days' allowance for survey and preparing specifications for repairs to schooner damaged in collisions held reasonable and fair.-The North America, 24 F. (2d) 846. Detention for taking schooner damaged in two collisions to nearest repair yard to complete repairs necessitated by one collision held properly charged against respondent not responsible for such collision.-Id. 148 (U.S.C.C.A.N.Y.) Before sum awarded as value of vessel sinking after collision is paid to owners, just claims against it must be paid. -In re U. S. Steel Products Co., 24 F. (2d) 657, reversing order (D. C.) 16 F.(2d) 306. Recovery by United States of value of vessel sunk in collision is subject to maritime liens of cargo owners.-Id. III. MEANS AND METHODS OF REGULATION. 60(1) (U.S.C.C.A.Tex.) Interstate contract of sale cannot be rendered invalid by state statute (Rev. St. Tex. 1925, arts. 7426, 7437).— Hughes Bros. Mfg. Co. v. Cicero Trust & Savings Bank, 24 F. (2d) 199. 69 (U.S.D.C.Wash.) That state tax imposed on foreign corporation, doing both interstate and intrastate business, is based on authorized capital stock, does not render it invalid, as burden on intrastate commerce, or tax on property beyond state's jurisdiction.-Cudahy Packing Co. v. Hinkle, 24 F. (2d) 124. State statute imposing excise taxes on foreign corporations held not unconstitutional, as applied to corporation doing chiefly interstate business (Rem. Comp. Stat. Wash. §§ 3836, 3837 [amended by Laws Wash. Extra Sess. 1925, pp. 417, 418, §§ 1, 2]; § 3841 [amended by p. 418. § 31; §§ 3843, 3844 [amended by Laws Wash. 1923, p. 465, §§ 5, 61; § 3846; § 3853 [amended by Laws Wash. Extra Sess. 1925, p. 410, § 1]; $$ 3855, 3861).-Id. 77 (U.S.D.C.N.Y.) Tax on income of export corporation held not tax or duty on articles exported from state (Revenue Act 1918, §§ 230[a], 301 [Comp. St. §§ 6336% nn, 6336aal; Const. art. 1, § 9, par. 5).-Neuss Hesslein & Co. v. Edwards, 24 F. (2d) 989. IV. INTERSTATE COMMERCE COM MISSION. 92 (U.S.D.C.Me.) Question of construction of published tariffs, as applied to certain shipments, is within jurisdiction of courts.-Ingalls v. Maine Cent. R. Co., 24 F. (2d) 113. CONSPIRACY. I. CIVIL LIABILITY. (B) Actions. (E) Trial or Hearing, Judgment, and Re-18 (U.S.C.C.A.III.) Complaint charging de view. 150 (U.S.D.C.N.Y.) Ordinarily findings of commissioner in admiralty on conflicting testimony are accepted.-The North America, 24 F. (2d) 846. Finding that master of damaged schooner was justified in refusing tow, and that delay while awaiting towage was due to factors common to two collisions, held not disturbed.-Id. fendants jointly and severally with infringement and unfair competition held to require answer.Premier Malt Products Co. v. G. A. Ackerman Printing Co., 24 F. (2d) 89. II. CRIMINAL RESPONSIBILITY. 23 (U.S.C.C.A.Fla.) Knowledge of conspiracy by others and sympathy with and approval For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER of its object will not constitute defendant conspirator (Cr. Code, § 37 [18 USCA § 88]).McDaniel v. U. S., 24 F. (2d) 303. 23 (U.S.C.C.A.Kan.) Crime of conspiracy has two elements, the conspiracy and an act by one or more of parties to effect its object (Pen. Code, § 37 [18 USCA § 88]).-Brady v. U. S., 24 F. (2d) 405. 28 (U.S.D.C.N.Y.) Conspiracy to violate department regulations for enforcement of Prohibition Act constitutes an offense (Cr. Code, § 37 [18 USCA § 88]).-U. S. v. Austin-Bagley Corporation, 24 F. (2d) 527. 33(1) (U.S.C.C.A.OKI.) "Conspiracy to defraud government" consists of unlawful scheme on which minds of conspirators have met, together with any act to effect object (18 USCA § 88).-Eddington v. U. S., 24 F. (2d) 50. 33(2) (U.S.C.C.A.N.Y.) Indictment against Alien Property Custodian for conspiring to allow illegal claims held to state crime (Trading with the Enemy Act, § 9 [Comp. St. § 31151⁄2e]; Cr. Code, § 37 [18 USCA § 88]).-Miller v. U. S., 24 F. (2d) 353. 41 (U.S.C.C.A.N.Y.) Defendant held chargeable with acts of coconspirators in scheme to defraud insurance companies by using mails to falsely represent that loss was accidental (Cr. Code, $8 37, 215 [18 USCA §§ 88, 338]).-Spirou v. U. S., 24 F. (2d) 796. (B) Prosecution and Punishment. 47 (U.S.C.C.A.Neb.) Evidence held to warrant conviction for conspiracy to possess and transport intoxicating liquor (Cr. Code, § 37 [18 USCA § 88]; National Prohibition Act, tit. 2 [27 USCA § 4 et seq.]).-Balderson v. U. S., 24 F.(2d) 915. 48 (U.S.D.C.Tenn.) Statute is presumed valid.-Standard Oil Co. of Louisiana v. Hall, 24 F. (2d) 455. III. DISTRIBUTION OF GOVERNMENTAL (B) Judicial Powers and Functions. 70(1) (App.D.C.) Construing unambiguous statute in any other way than giving it its plain meaning constitutes judicial legislation.Peak v. Reed, 24 F. (2d) 619. IV. POLICE POWER IN GENERAL. 81 (U.S.D.C.Kan.) "Police power" extends to acts promoting public convenience or prosperity.-Marrs v. City of Oxford, 24 F.(2d) 541. will not be injured.-Id. X. EQUAL PROTECTION OF LAWS. 230(1) (U.S.D.C.Wash.) State statute imposing excise taxes on foreign corporations held not unconstitutional, as applied to corporation doing chiefly interstate business (Rem. Comp. Stat. Wash. §§ 3836, 3837 [amended by Laws Wash. Extra Sess. 1925, pp. 417, 418. §§ 1.2]; § 3841 [amended by p. 418, § 31; §§ 3843, 3844 [amended by Laws Wash. 1923, p. 465, §§ 5, 6]; $3846; § 3853 [amended by Laws Wash. Extra Sess. 1925, p. 410, § 1]; §§ 3855, 3861]). -Cudahy Packing Co. v. Hinkle, 24 F. (2d) 124. 235 (U.S.D.C.Idaho) Statute regulating use of highways by transportation companies held not unconstitutional, as denying equal protection of law (Laws Idaho 1927, c. 237; Const. U. S. Amend. 14, § 1).-Sanger v. Lukens, 24 F. (2d) 226. 47 (U.S.C.C.A.Okl.) Evidence, though cir-241 (U.S.D.C.Idaho) Individual transportcumstantial, held to sustain conviction of conspiracy to defraud government (18 USCA § 88).-Eddington v. U. S., 24 F. (2d) 50. 47 (U.S.C.C.A.Wash.) Evidence held to sustain conviction for conspiracy to violate prohibition law and certain revenue statutes.-Nielson v. U. S., 24 F. (2d) 802. 48 (U.S.C.C.A.Fla.) In prosecution for conspiracy to import, possess, and sell liquor, evidence defendants navigated liquor boat and accompanied another in attempt to bribe sheriff held to take case to jury (Cr. Code, § 37 [18 USCA §88]; National Prohibition Act [27 USCA]).-McDaniel v. U. S., 24 F. (2d) 303. 48 (U.S.C.C.A.N.Y.) Evidence of conspiracy to defraud United States by allowance of claims respecting property seized by Alien Property Custodian without proper investigation held sufficient to go to jury (Trading with the Enemy Act, § 9 [Comp. St. § 3115%e]; Cr. Code, § 37 [18 USCA § 88]).-Miller v. U. S., 24 F. (2d) 353. Whether acts occurring after allowance of claims constituted overt acts, in conspiracy to defraud United States by allowance and payment of claims, held for jury (Cr. Code, § 37 [18 USCA § SS]; Trading with the Enemy Act, § 9 [Comp. St. § 31151⁄2e]).—Id. Disagreement of jury as to guilt of one al leged conspirator to defraud United States held not to preclude conviction of the other (Cr. Code, § 37 [18 USCA § 88]; Trading with the Enemy Act, § 9 [Comp. St. § 31151⁄2e]).—Id. 48 (U.S.C.C.A.Or.) Evidence of conspiracy to violate National Prohibition Act held for jury (27 USCA).-Young v. U. S., 24 F. (2d) 640. CONSTITUTIONAL LAW. II. CONSTRUCTION, OPERATION, AND ing commodities for public held "common carrier," though he insisted on private contracts with shippers, and state regulation did not violate due process of equal protection clause (Const. U. S. Amend. 14, § 1).-Sanger v. Lukens, 24 F. (2d) 226. 242 (U.S.D.C.Tenn.) State statute empowering state bureau to fix sale price of gasoline held invalid, as impairing freedom to contract (Const. U. S. Amend. 14, Pub. Acts Tenn. 1927, c. 22). Standard Oil Co. of Louisiana v. Hall, 24 F. (2d) 455. Statute permitting state officers to fix price of gasoline, invalid as impairing right to contract, could not be upheld as method of suppressing monopolies (Pub. Acts Tenn. 1927, c. 22; Const. U. S. Amend. 14).-Id. XI. DUE PROCESS OF LAW. 286 (U.S.D.C.N.Y.) Taxing income of domestic export corporations and exempting similar corporations organized in Porto Rico or Philippine Islands held not to violate due process clause (Revenue Act 1918, §§ 230[a], 233[b], 301 [Comp. St. §§ 6336nn, 6336p, 63367aa]; Const. Amend. 5).-Neuss Hesslein & Co. v. Edwards, 24 F. (2d) 989. 287 (U.S.D.C.Wash.) State statute imposing excise taxes on foreign corporations held not unconstitutional, as applied to corporation doing chiefly interstate business (Rem. Comp. Stat. Wash. §§ 3836, 3837 [amended by Laws Wash. Extra Sess. 1925, pp. 417, 418. §§ 1, 2]; § 3841 [amended by p. 418, § 31; §§ 3843, 3844 amended by Laws Wash. 1923, p. 465, §§ 5, 6]; § 3846; § 3853 [amended by Laws Wash. Extra Sess. 1925, p. 410, § 1]; §§ 3855, 3861).— Cudahy Packing Co. v. Hinkle, 24 F. (2d) 124. 290(3) (App.D.C.) Failure to give property owner, against whom benefits were assessed, notice of hearing, held taking of property without due process (Code, § 491n, par. 2; Act March 4, 1913, § 1 [37 Stat. 950]).-Wilkinson v. Dougherty, 24 F.(2d) 1007. 38 (U.S.D.C.Tenn.) Statute must be declared invalid, if clearly contrary to Constitution.--Standard Oil Co. of Louisiana v. Hall, 24297 (U.S.D.C.Idaho) Individual transportF. (2d) 455. ing commodities for public held "common car rier," though he insisted on private contracts with shippers, and state regulation did not violate due process or equal protection clause (Const. U. S. Amend. 14, § 1).-Sanger v. Lukens, 24 F. (2d) 226. 298(1) (U.S.D.C.Tenn.) State statute empowering state bureau to fix sale price of gasoline held invalid, as impairing freedom to contract (Const. U. S. Amend. 14; Pub. Acts Tenn. 1927, c. 22).-Standard Oil Co. of Louisiana v. Hall, 24 F. (2d) 455. Statute permitting state officers to fix price of gasoline, invalid as impairing right to contract, could not be upheld as method of suppressing monopolies (Pub. Acts Tenn. 1927, c. 22; Const. U. S. Amend. 14).-Id. CONTEMPT. I. ACTS OR CONDUCT CONSTITUTING CONTEMPT OF COURT. 21 (U.S.D.C.Tex.) Respondent in contempt case may question order only in so far as void. -Brotherhood of Ry. & S. S. Clerks, Freight Handlers, Express & Station Employees, Southern Pac. Lines in Texas and Louisiana v. Texas & N. O. R. Co., 24 F. (2d) 426. CONTINUANCE. 46 (9) (U.S.C.C.A.Wis.) Denial of motion for continuance to produce expert witness held not abuse of discretion, where court had already indicated conclusion adverse to applicant and kind of expert proposed was not shown.Brunswick-Balke-Collender Co. v. Wisconsin Mat Co., 24 F. (2d) 78. CONTRACTS. 1. REQUISITES AND VALIDITY. (A) Nature and Essentials in General. 10(3) (U.S.C.C.A.La.) Agreement by libelant to ship "available" quantity of asphalt on each steamer of respondent "who agrees to load" held not contract enforceable against either party.-North German Lloyd v. Mexican Petroleum Corporation of Louisiana, 24 F. (2d) 46,_reversing decree (D. C.) Mexican Petroleum Corporation of Louisiana v. North German Lloyd, 17 F. (2d) 113. (B) Parties, Proposals, and Acceptance. 19 (U.S.C.C.A.Fla.) Acceptance of offer cannot create binding contract, where withdrawn before communicated to accepung party by his agent.-Morgan v. Patillo, 24 F. (2d) 204. (F) Legality of Object and of Consideration. 105 (U.S.C.C.A.N.Y.) Attorney's agreement to divide fees with one bringing business to him is bad, if he knew the other party was not a lawyer (Penal Law N. Y. § 274).-Reilly v. Beekman, 24 F. (2d) 791. 108(2) (U.S.C.C.A.N.Y.) Fiduciary, recommending attorney, cannot make valid agreement with attorney for division of fees to be received. -Reilly v. Beekman, 24 F. (2d) 791. One offering as friend to recommend attorney to another cannot, without such other's knowledge, make valid contract with attorney for division of fees.-Id. 113(3) (U.S.C.C.A.N.Y.) Contract for division of legal fees from business brought by plaintiff recommending lawyer to fiduciary is not made valid by disclosure to fiduciary that plaintiff would receive part of amount claimed. -Reilly v. Beekman, 24 F. (2d) 791. 127(3) (App.D.C.) Provision that itemized statement was prima facie evidence of liability did not vitiate indemnity contract.-Carroll v. National Surety Co., 24 F. (2d) 268. 141(1) (U.S.C.C.A.N.Y.) Plaintiff, claiming division of attorney's fees from business brought to defendant, whom plaintiff recommended to fiduciary, must prove full disclosure to fiduciary. -Reilly v. Beekman, 24 F. (2d) 791. YI. CONSTRUCTION AND OPERATION. (A) General Rules of Construction. 164 (U.S.C.C.A.Minn.) Several instruments, made at same time, relating to same subjectmatter, may be read together as one contract, and recitals in one may be explained by reference to the other, even where parties are not same.-Peterson v. Miller Rubber Co. of New York, 24 F. (2d) 59. COPYRIGHTS. III. INFRINGEMENT. (B) Actions. 75 (U.S.D.C.S.C.) Defense to suit for infringement of copyright in musical composition that no notice of copyright appeared on phonograph record, held insufficient.-Buck v. Heretis, 24 F. (2d) 876. 75 (U.S.D.C.S.C.) Defense in suit for infringement of copyright in musical composition that no notice of copyright appeared on piano roll, held insufficient.-Buck v. Lester, 24 F. (2d) 877. CORPORATIONS. IV. CAPITAL, STOCK, AND DIVIDENDS. (D) Transfer of Shares. 116 (U.S.C.C.A.Wash.) Sum paid for stock held sufficient consideration for purchase.— Cowden v. Karshner, 24 F. (2d) 916. 120 (U.S.C.C.A.Wash.) Sum paid for stock held sufficient consideration for seller's agreement to repurchase.-Cowden v. Karshner, 24 F. (2d) 916. Seller's agreement to repurchase stock held sufficient consideration for subsequent agreement postponing date for repurchase.-Id. 121(5) (U.S.C.C.A.Wash.) Evidence held to justify finding that notice of dissatisfaction with investment was mailed as required under contract for repurchase of stock.-Cowden v. Karshner, 24 F. (2d) 916. V. MEMBERS AND STOCKHOLDERS. (B) Meetings. es 198 (U.S.C.C.A.Ga.) Stockholder held topped to question unauthorized gift of stock by directors, by action of her proxy in voting her stock to ratify gift.-Gray v. Aspironal Laboratories, 24 F. (2d) 97. (C) Suing or Defending on Behalf of Corporation. 202 (U.S.C.C.A.N.Y.) Attempt to induce corporate employees to leave employment gives rise to cause of action by corporation only.Green v. Victor Talking Mach. Co., 24 F. (2d) 378. Shareholders have no relation with one committing tort against corporation's rights.-Id. Sole shareholder cannot sue for trespass on or conversion of corporation's property.-Id. Shareholder has no personal right of action against tort-feasor invading corporate rights, though such tort-feasor is animated by malice toward particular shareholder.-Id. That defendant alleged to have unlawfully interfered with corporate business induced purchase by plaintiff's testator did not authorize tort action by shareholder.-Id. Unjustifiable refusal to deal with corporation does not constitute injury to shareholder, except as to derivative or corporate rights.-Id. Breach of contract to deal with corporation does not constitute tort against corporate shareholders.-Id. (D) Liability for Corporate Debts and Acts. 225 (U.S.C.C.A.N.Y.) Stockholders receiving dividends in fraud of creditors are liable For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER therefor.-Wood v. National City Bank, 24 F. (2d) 661. VII. CORPORATE POWERS AND LIABILI TIES. (A) Extent and Exercise of Powers in General. 378 (U.S.C.C.A.N.Y.) Holding company. which uses its stock ownership for actual control and operation of subsidiary's properties, becomes responsible for subsidiary corporation's torts.-Costan v. Manila Electric Co., 24 F. (2d) 383. 378 (U.S.D.C.Del.) If relation between two corporations is such that one is mere agency or department of the other, latter is liable for its wrongful or illegal acts.-Owl Fumigating Corporation v. California Cyanide Co., 24 F. (2d) 718. 380 (U.S.D.C.Del.) Loan of money by one corporation to another does not make borrower agent of lender.-Owl Fumigating Corporation v. California Cyanide Co., 24 F. (2d) 718. (B) Representation of Corporation by Officers and Agents. 422 (1) (U.S.C.C.A.Tex.) Corporation is estopped to deny authorized representations of its officers and agents.-McMan Oil & Gas Co. v. Hurley, 24 F. (2d) 776. VIII. INSOLVENCY AND RECEIVERS. 563 (2) (U.S.C.C.A.N.Y.) Bill by ancillary receiver to recover dividends paid stockholders held insufficient to state cause of suit for impairment of capital.-Wood v. National City Bank, 24 F. (2d) 661, Ancillary receiver's bill to recover dividends paid stockholders as in fraud of creditors held insufficient.-Id. X. CONSOLIDATION. 585 (U.S.D.C.Del.) Ownership of the stock of one corporation by another does not merge the identity of the two.-Owl Fumigating Corporation v. California Cyanide Co., 24 F. (2d) 718. Identity of officers and stock ownership, and close affiliation between two corporations, does not establish identity of the corporations.-Id. XI. DISSOLUTION AND FORFEITURE OF FRANCHISE. 623 (U.S.D.C.Ga.) Stockholders, receiving assets of corporation on liquidation, hold them as trustees for creditors, and cannot plead limitation against suit by creditor so long as action against corporation is not barred.-U. S. v. Snook, 24 F. (2d) 844. All stockholders may be joined in creditor's suit against stockholders of liquidated corporation who receive distributive share of assets.Id. XII. FOREIGN CORPORATIONS. 637 (U.S.D.C.Wash.) State statute imposing excise taxes on foreign corporations held not unconstitutional, as applied to corporation doing chiefly interstate business (Rem. Comp. Stat. Wash. §§ 3836, 3837 [amended by Laws Wash. Extra Sess. 1925, pp. 417, 418, §§ 1, 2]; § 3841 [amended by p. 418, § 3]; §§ 3843, 3844 [amended by Laws Wash. 1923, p. 465, §§ 5, 6]; § 3846; § 3853 [amended by Laws Wash. Extra Sess. 1925, p. 410, § 1]; §§ 3855, 3861).— Cudahy Packing Co. v. Hinkle, 24 F. (2d) 124. 668(15) (U.S.D.C.Md.) Foreign corporation is "doing business" within state, where character of business warrants inference that corporation has subjected itself to local jurisdiction.-La Porte Heinekamp Motor Co. v. Ford Motor Co., 24 F. (2d) 861. That transaction sued on arose in state held relevant in determining whether foreign corporation sued was subject to service of process therein.-Id. Continuous solicitation of orders by foreign corporation delivering goods and receiving payment in state constitutes "doing business."-Id. Foreign corporation manufacturing automobiles, whose agent was present soliciting business, making collections and supervising dealers, held subject to local jurisdiction as doing business in state.-Id. COSTS. VII. ON APPEAL OR ERROR, AND ON NEW TRIAL OR MOTION THEREFOR. 238(1) (U.S.C.C.A.Ind.) Plaintiff in error held not entitled to costs, where unreasonably prodigal and prolix in making record,_though judgment was reversed.-Niagara Fire Ins. Co. v. McCord, 24 F. (2d) 491. 256(1) (App.D.C.) Costs incident to certiorari for diminution of record, not necessary to determination of questions, will be taxed to party making motion.-Lindley v. Shepherd, 24 F. (2d) 606. COUNTERFEITING. 8 (U.S.C.C.A.Kan.) Altering of war savings certificate with war savings certificate stamp attached, by obliterating post office and registration number with intent to defraud, constitutes offense of "altering government obligation" of United States (Act Sept. 24, 1917. § 6. as amended by Act Sept. 24, 1918, § 2 [31 USCA § 757]; 31 USCA § 762; Cr. Code, § 148 [18 USCA § 262]).-Brown v. White, 24 F. (2d) 392. COUNTIES. IV. FISCAL MANAGEMENT, PUBLIC DEBT, SECURITIES, AND TAXATION. 165 (U.S.C.C.A.Ala.) County held not liable to holders of purported warrants, issued on fictitious order of commissioners allowing claim and certificate of probate judge (Code Ala. 1923, $§ 224-232, 5680, 6763).-Slayton & Co. of Toledo, Ohio, v. Winston County, Ala., 24 F.(2d) 761. 170(1) (U.S.C.C.A.Ala.) Warrant on county treasurer, though duly issued, does not entitle holder to sue county thereon (Code Ala. 1923, § 5680).-Slayton & Co. of Toledo, Ohio, v. Winston County, Ala., 24 F. (2d) 761. Remedy of holder of county warrant is by suit on treasurer's bond, or mandamus to compel levy and collection of necessary taxes (Code Ala. 1923, §§ 224-232, 5680, 6763).—Id. V. CLAIMS AGAINST COUNTY, 197 (U.S.C.C.A.Ala.) Holders of purported county warrants, in asserting claim against county otherwise than as holders, were required to present claims to commissioners (Code Ala. 1923, §§ 224-232, 5680, 6763).-Slayton & Co. of Toledo, Ohio, v. Winston County, Ala., 24 F. (2d) 761. COURT RULES CITED OR CONSTRUED. Rule 12.-24 F. (2d) 598. (Organic Act Porto Rico, § 40 [48 USCA § 861]).-Diaz Cintron v. People of Porto Rico, 24 F. (2d) 957. (D) Rules of Decision, Adjudications, Opinions, and Records. 90 (7) (U.S.C.C.A.N.Y.) Decision of appellate court of equal authority will not be lightly ignored.-Parfumerie Roger & Gallet v. M. C. M. Co., 24 F. (2d) 698. 99 (1) (U.S.D.C.N.Y.) Ruling of one judge becomes law of case in that court.-Aachen & Munich Fire Ins. Co. v. Guaranty Trust Co. of New York, 24 F. (2d) 465. IV. COURTS OF LIMITED OR INFERIOR 188(3) (U.S.C.C.A.Ohio) State statute held not to give municipal court power, under bill in aid of execution, to determine claims of all other creditors (Gen. Code Ohio, § 1579–7).— In re Conservative Mortgage & Guaranty Co., 24 F. (2d) 38. VII. UNITED STATES COURTS. (A) Jurisdiction and Powers in General. 264(2) (U.S.C.C.A.Mo.) Ancillary equity suit may be maintained without diversity of citizenship or federal question if to aid, enjoin, or regulate original suit, or to enforce claims to property in court's jurisdiction.-St. Louis-San Francisco R. Co. v. Byrnes, 24 F. (2d) 66. 264(3) (U.S.C.C.A.Mo.) Court had jurisdiction of intervening petition of lessor claiming title to rails leased which court ordered receiver to sell, regardless of diversity of citizenship, as assertion of title to property in court's exclusive control.-St. Louis-San Francisco R. Co. v. Byrnes, 24 F. (2d) 66. Federal equity court had ancillary jurisdiction of intervener's petition to enforce its contract with court's receiver.-Id. 264 (5) (U.S.C.C.A.Mo.) Ancillary equity suit may be maintained without diversity of citizenship or federal question if to restrain, avoid, explain, or enforce judgment therein.-St. LouisSan Francisco R. Co. v. Byrnes, 24 F. (2d) 66. Court had jurisdiction of intervening petition of lessor claiming title to rails leased which court ordered receiver to sell, regardless of diversity of citizenship, as suit to avoid or explain decree.-Id. 270 (U.S.C.C.A.N.J.) "Citizen," for purpose of determining jurisdiction of federal courts, means "inhabitant."-Steidle v. Reading Co., 24 F. (2d) 299. 274(10) (U.S.D.C.N.Y.) Action at law by seaman for personal injuries must be in district where defendant resides or has principal office (Merchant Marine Act, § 33 [46 USCA § 688]). -Peters v. Detroit & Cleveland Nav. Co., 24 F. (2d) 454. 274(11) (U.S.C.C.A.Tenn.) Under decree adjudging defendants entitled to insurance money and reserving their respective rights thereto, court had jurisdiction of insurer's interpleader. -Ross v. International Life Ins. Co., 24 F. (2d) 345. tain jurisdiction of rails, regardless of court's intent.-Id. (B) Jurisdiction Dependent on Nature of Subject-Matter. 282(1) (U.S.C.C.A.N.J.) Jurisdiction of federal courts over suits involving matters arising under federal Constitution extends to cases where citizenship of parties is identical (Judicial Code, § 24, as amended [28 USCA § 41]).— Steidle v. Reading Co., 24 F. (2d) 299. 284 (U.S.C.C.A.N.J.) Jurisdiction of federal courts over suits involving matters arising under federal laws extends to cases where citizenship of parties is identical (Judicial Code, § 24, as amended [28 USCA § 41]).-Steidle v. Reading Co., 24 F. (2d) 299. 288 (U.S.C.C.A.Tex.) Suit to enjoin obstruction of navigable stream held maintainable in federal court as arising under laws of United States (33 USCA §§ 401, 406).-Neches Canal Co. v. Miller & Vidor Lumber Co., 24 F. (2d) 763. 289 (U.S.C.C.A.N.J.) Federal District Courts may exercise jurisdiction between parties having identical citizenship in actions under Employers' Liability Act (Jud. Code, § 24, as amended [28 USCA § 41]; Employers' Liability Act [45 USCA § 51 et seq.]).-Steidle v. Reading Co., 24 F. (2d) 299. unfair competition, joined with patent infringe290 (U.S.C.C.A.N.Y.) Cause of action as to of diversity of citizenship.-Ingrassia v. A. C. ment suit, held properly dismissed, in absence W. Mfg. Corporation, 24 F. (2d)_703. 299(2) (U.S.C.C.A.Wash.) Jurisdiction of federal court on ground suit arises under laws of United States must appear from plaintiff's pleading, unaided by possible defense.-McPherson Bros. Co. v. Okanogan-Douglas Inter-County Bridge Co., 24 F. (2d) 798. 299 (3) (U.S.C.C.A.Wash.) Allegations affecting bridge over navigable river, authorized by act of Congress, held insufficient to show federal jurisdiction.-McPherson Bros. Co. V. Okanogan-Douglas Inter-County Bridge Co., 24 F. (2d) 798. (C) Jurisdiction Dependent on Citizenship, Residence, or Character of Parties. 311 (U.S.C.C.A.Ark.) Nonresident successor to resident trustee under deed of trust held entitled to bring foreclosure suit in federal court on ground of diverse citizenship (equity rule 37).-Mathis v. Hemingway, 24 F. (2d) 951. 314 (U.S.C.C.A.N.J.) Corporation is "inhabitant" of state of incorporation and may not be sued elsewhere in federal courts without its consent (Jud. Code, § 51 [28 USCA § 112]). -Steidle v. Reading Co., 24 F. (2d) 299. Federal District Court held without jurisdiction of suit under Federal Safety Appliance Act against corporation in district other than that of its incorporation, where Federal Employers' Liability Act was inapplicable (Federal Safety Appliance Act [45 USCA § 1 et seq.]; Judicial Code, § 24, as amended, and § 51 [28 USCA §§ 41, 112]; Federal Employers' Liability Act [45 USCA § 51 et seq.]).-Id. Federal District 274(11) (U.S.D.C.Tex.) Where executors of deceased resided in one federal jurisdiction, and named beneficiary resided in another, insurance company could file interpleader suit in ei-.314 (U.S.C.C.A.N.Y.) ther jurisdiction (28 USCA § 41, par. [26]).— Kansas City Life Ins. Co. v. Adamson, 24 F. (2d) 107. 278 (U.S.C.C.A.Mo.) Court may retain jurisdiction over property which has passed out of its physical possession.-St. Louis-San Francisco R. Co. v. Byrnes, 24 F.(2d) 66. Orders or decrees need not in express words state reservation of jurisdiction over property passing from court's physical possession if it appears court did retain jurisdiction.-Id. Order directing receiver to sell assets subject to lessor's rights in certain rails held to re Court held without jurisdiction of suit by citizen of California against Philippine corporation, such corporation being neither alien nor citizen of any state.-Costan v. Manila Electric Co., 24 F. (2d) 383. 314 (U.S.D.C.N.Y.) Unfair competition with Massachusetts corporation, doing interstate business, without certificate from New York, by New York corporation, could be passed on by court.-United Drug Co. v. Parodney, 24 F. (2d) 577. -321 (U.S.C.C.A.N.Y.) Federal District Court held without jurisdiction of suit by citi |