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1. Another action pending.
*The pendency of another action between the
same parties for the same cause in a state court
s not a bar to an action in a federal court.-
Harton v. Howley (C. C.) 491.

*The pendency of a suit in a state court to
obtain a judgment in personam is not a bar to
the institution and prosecution of a suit in a
Federal court involving the same subject-matter.
-Weir v. Winnett (C. C.) 824.


Pendency of action, see "Abatement and Re-
vival," § 1.

Actions between parties in particular relations.

Criminal responsibility, see "Criminal Law," See "Master and Servant," § 1.


ment to which they were chartered, the accounts
will be deemed stated between the parties.-
Morse Dry Dock & Repair Co. v. Munson S. S.
Line (D. C.) 150.


Abatement, see "Abatement and Revival."
Laches, see "Equity," § 2.
Jurisdiction of courts, see "Courts."
Limitation by statute, see "Limitation of Ac-



Actions by or against particular classes of


See "Carriers," §§ 2, 3; "Schools and School
Districts," 1; "United States," § 1.

Intermixture of goods of same kind, see "Con- Stockholders, see "Corporations," § 1.

fusion of Goods."


Trustee in bankruptcy, see "Bankruptcy," § 6.
Trustees, see "Trusts," § 2.

Particular causes or grounds of action.

Criminal responsibility, see "Criminal Law," See "Account Stated"; "Death," § 1; "Insur-
§ 1.


Cause of death, see "Death," § 1.


ee "Insurance," §§ 1, 2.


Criminal responsibility, see "Criminal Law,"
§ 1.


ee "Account Stated."

Accounting for waste, see "Waste."
Accounting by agents, see "Principal and
Agent," § 1.


*Where a repairer renders accounts for the
work done and materials furnished, and the
wner of the vessels accepts the accounts and
ses them to obtain its pay from the govern-

155 F.-65

ance," & 2; "Waste"; "Work and Labor."
Breach of contract, see "Sales," § 2.
Breach of contract of shipment, see "Shipping,"
§ 3.

Claim against school district, see "Schools and
School Districts," § 1.

Death caused by operation of railroad, see
"Railroads," § 2.

Death of passenger, see "Carriers," § 3.
Death of servant, see "Master and Servant,"
§ 1.

Infringement of patent, see "Patents," § 5.
Infringement of trade-mark or trade-name,
see "Trade-Marks and Trade-Names," § 3.
Injuries to property of tenant, see "Landlord
and Tenant," § 1.

Personal injuries, see "Carriers," § 3; "Elec-
tricity"; "Master and Servant," § 1; "Rail-
roads," § 2.

Price of goods, see "Sales," § 2.
Services, see "Work and Labor."

Unfair competition in trade, see "Trade-Marks
and Trade-Names," § 3.

Particular forms of special relief.
See "Injunction"; "Specific Performance."
Compelling issuance of patent, see "Patents,"
§ 2.
Dissolution of corporation, see "Corporations,"
§ 4.

*Point annotated. See syllabus.

Enforcement of railroad rates, see "Carriers," the whole for his landlord, the effect was a § 1.

Enforcement or foreclosure of lien, see "Maritime Liens," § 1; "Mechanics' Liens," § 3. Establishment and enforcement of trust, see "Trusts," § 2.

Foreclosure of mortgage, see "Mortgages," § 2. Preventing closing of inlet in navigable waters, see "Navigable Waters," § 1. Rescission of sale to bankrupt, see "Bankruptcy," § 6. Setting aside

fraudulent conveyance, "Fraudulent Conveyances," § 1.


Particular proceedings in actions. See "Appearance"; "Costs"; "Damages"; "Judgment"; "Jury"; "Limitation of Ac tions": "Pleading"; "Process"; "Refer ence"; "Removal of Causes"; "Trial." Particular remedies in or incident to actions.

See "Injunction."

Proceedings in exercise of special or limited jurisdictions.

Criminal prosecutions, see "Criminal Law." Suits in admiralty, see "Maritime Liens," § 1; "Shipping," § 6.

Suits in equity, see "Equity."

Review of proceedings.

See "Appeal and Error"; "Equity," § 4; "Judgment," § 1.

§ 1. Grounds and conditions precedent. When it is sought to enforce a statutory right in another jurisdiction, any restriction or limitation upon such right imposed by the statute which created it must also be given effect.Coyne v. Southern Pac. Co. (C. Č.) 683.


As excuse for nonperformance of contract, see "Contracts," § 3.


Effect on jurisdiction of equity, see "Equity," §§ 1, 3.


Of estate of bankrupt, see "Bankruptcy," § 5. Appealability of orders of district court of, a


See "Collision"; "Maritime Liens"; "Salvage"; "Shipping"; "Towage."


See "Limitation of Actions."

§ 1. Nature and requisites.

Where an occupant of land without color of title attorned to another who made entry from the state of a definite tract including the land so occupied, and agreed to hold possession of

abandonment of his own possession, and there after his possession was that of his landlord referable to the entry and extending to the whol tract under Shannon's Code Tenn. §§ 44564458, although he did not extend his actual in closures.-Bell v. North American Coal & Cok Co. (C. C. A.) 712.

§ 2. Operation and effect.

*When a tenant is placed in possession of definite part of a larger tract of land, the pos session will not avail the landlord beyond the part so claimed and held; but if one claiming under an assurance of title defining boundarie place a tenant in possession without limiting him to any definite part, the tenant's possession will extend to the landlord's boundaries, al though the land actually occupied is but a smal part of the whole.-Bell v. North American Coa & Coke Co. (C. C. A.) 712.


Particular proceedings or purposes. Preliminary affidavit or information for con tempt, see "Contempt," § 2. Verification of pleading in suit for injunction see "Injunction," § 3.

Verification of specifications to bankrupt's dis charge, see "Bankruptcy," § 14.


Contracts, see "Shipping," § 3.


See "Principal and Agent."


See "Contracts."


Criminal responsibility, see "Criminal Law, § 1.


dependent on finality of determination, se "Appeal and Error," § 1.

Jurisdiction of United States district court d prosecution for gambling within limits o town in Alaska, see "Criminal Law," § 2.


Immigration regulations, see "Commerce," § 3 Laws relating to immigration as denying du process of law, see "Constitutional Law, $ 6.

§ 1. Immigration.

In the provision of the immigration act (ad Feb. 29, 1907, c. 1134, § 3, 34 Stat. 899), mal *Point annotated. See syllabus.

g it a felony "to import

into the nited States any alien woman or girl for the rpose of prostitution or for any other immoral urpose," the words "any other immoral purose" must be construed with reference to the receding word "prostitution," and to relate only a like immoral purpose, and so construed nnot be held to include concubinage.-United tates v. Bitty (C. C.) 938.


f application for patent, see "Patents," § 2. f petition in bankruptcy, see "Bankruptcy," § 1.


à pleading, see "Equity," § 3.


eview in bankruptcy proceedings, see "Bankruptcy," §§ 6, 16.

1. Decisions reviewable.

An order made by a District Court of Alaska, tting aside a prior judgment of such court nd granting a new trial, is not appealable uner Code Alaska, pt. 4, c. 51, § 504, which gives e right of appeal from a "final judgment or der," but such order may be reviewed on apeal by the Circuit Court of Appeals for want jurisdiction in the court to make it.-Nelson Meehan (C. C. A.) 1.

2. Presentation and reservation in

lower court of grounds of review. The question of want of mutuality in a conact held properly raised by the record.-A. antaella & Co. v. Otto F. Lange Co. (C. C. A.)


A motion for a new trial is not essential in federal court to entitle a party to a review the judgment on writ of error by the Cirit Court of Appeals.-Aaron v. United States C. C. A.) 833.


Requisites and proceedings for transfer of cause.

The six months allowed by statute for suing at a writ of error for the review of a judgment the Circuit Court of Appeals cannot be exnded by a motion in the trial court to vacate e judgment, filed after such time has expired, hich brings nothing new into the record, but in effect merely a motion to reargue the queson whether the judgment was warranted by Of trustee in bankruptcy, see "Bankruptcy,"

e record.-United States v. Fidelity & De

sit Co. of Maryland (C. C. A.) 117.


Record and proceedings not in record.

5. Assignment of errors. *Under Circuit Court of Appeals rule No. 11, the court held to have the right to notice plain errors not assigned.-A. Santaella & Co. v. Otto F. Lange Co. (C. C. A.) 719. § 6. Review.

*Where the whole testimony has not been incorporated in the record, it will be presumed that such testimony preponderates in favor of, and sustains the judgment of, the trial court.Vera Cruz & P. R. Co. v. Waddell (C. C. A.) 401.

*Where specific findings of fact were made by the trial court, and not excepted to, and the evidence is not all incorporated in the record, such findings will be taken as true, and the appellate court will not reverse, unless it finds the judgment rendered to be contrary to the facts so found.-Vera Cruz & P. R. Co. v. Waddell (C. C. A.) 401.

*It is not reversible error that improper evidence was not formally excluded where the trial P. R. Co. v. Waddell (C. C. A.) 401. was to the court without a jury.-Vera Cruz &

*Reversal of the lower court's judgment as to the facts will only be made when such judgment is shown to be against the clear preponderating weight of all the evidence.-Vera Cruz & P. R. Co. v. Waddell (C. C. A.) 401.


By attorney, see "Attorney and Client," § 1.

The objection that a court is without jurisdiction of a suit for infringement of a patent because not brought in the district of which defendant is an inhabitant, or a district in which infringement was committed, and defendant has a regular and established place of business, if apparent on the face of the pleadings, is waived by the filing of a general demurrer or any other act which constitutes a general appearance.-Thomson-Houston Electric Co. v. Electrose Mfg. Co. (C. C.) 543.


Liability of employer for defects, see "Master and Servant," § 1.

§ 2.



Legal issues other than the one specifically Of salvage compensation, see "Salvage," § 2. esented for determination may properly be asidered and determined by an appellate court here they naturally arise, and are pertinent to

e question at issue and to further proceedings


the trial court.-Collin County Nat. Bank of Of merchandise subject to duty, see "Customs Kinney, Tex., v. Hughes (C. Č. A.) 389.

Duties," 3.

*Point annotated. See syllabus.

ARBITRATION AND AWARD. termine the ownership of the stock under_ar

agreement to which it was not a party.-Du. See "Reference."

vall v. Sulzner (C. C.) 910. § 1. Submission.

In an arbitration proceeding to settle dif. A written contract inter partes, as an agree- ferences between an interstate carrier and its ment for arbitration stating questions to be sub- employés under Act June 1, 1898, c. 370, 30 mitted and determined must primarily be in- Stat. 424 [U. S. Comp. St. 1901, p. 3205], terpreted by its language taken in its ordinary where exceptions to the award are taken, the and accepted meaning, and if that language is Circuit Court cannot enter judgment until the plain and unambiguous in itself there is no appeal provided for by section 4 has been deroom for construction, but it, will be held to termined or the time for such appeal has exmean precisely what its terms imply.-In re pired.-In re Southern Pac. Co. (C. C.) 1001. Southern Pac, Co. (C. C.) 1001. An arbitration of differences between an in

ARMY AND NAVY. terstate carrier and its employés under Act June 1, 1898, c. 370, 30 Stat. 424 [U. S. Comp. St. 1901, p. 3205], is essentially a common-law st. 1901, p. 3674], making it an offense to

The provision of Rev. St. $ 5438 [U. S. Comp arbitration, and rests solely on the

written agree knowingly purchase or receive in pledge from ment of arbitration entered into by the parties, which limits and determines not only the rights any soldier any public property which such of the parties thereto, but also the extent of soldier has no lawful right to sell or pledge the powers of the arbitrators.-In re Southern construed.-United States v. Koplik (c. C.) 919 Pac. Co. (C. C.) 1001.

It is not a defense to a prosecution under Rev. An agreement for arbitration under Act June St. § 5438 [U. $. Comp. St. 1901, p. 3674), for 1. 1898, c. 370, 30 Stat. 424 [U. S. Comp. St. receiving in pledge public property from a 1901, p. 3205), between a railroad company and soldier, that such property consisted of clothing the Order of Railroad Telegraphers, construed which the soldier had paid for out of his cloth with respect to the scope of certain questions ing allowance.-United States v. Koplik (C. C.) thereby submitted.-In re Southern Pac. Co. 919. (O. C.) 1001.

ARREST. § 2. Arbitrators and proceedings. Mere statements made by one claiming owner

See “Bail.” ship of certain stock of a corporation that, if he recovered it, he would use or dispose of it for

ASSESSMENT. the benefit of the corporation, did not constitute a transfer which entitled the corporation to notice of a hearing by arbitrators to determine Of. compensation for property taken for pub the ownership of the stock under an agreement

lic use, see "Eminent Domain," $ 2. to which it was not a party.-Duvall v. Sulzner On stock in national bank, see "Banks and (C. C.) 910.

Banking," § 1. § 3. Award.

*An allegation that arbitrators acted "with ASSIGNMENT OF ERRORS. manifest unfairness and with such partiality as to destroy the judicial character of the proceed- See "Appeal and Error," $ 5. ings” does not state any ground for impeachment of their award, in the absence of any allegation that the party benefited participated in

ASSIGNMENTS. any misconduct or was guilty of fraud or collusion.-Duvall v. Sulzner (C. C.) 910.

Fraud as to creditors, see "Fraudulent Con A party to an arbitration agreement held to veyances.” have waived the right to notice of the hearing In bankruptcy, see “Bankruptcy,” $ 3. before the arbitrators and to object to the consideration of evidence not legally admissible.

Transfers of particular species of property, Duval v. Sulzner (C. C.) 910.

rights, or instruments.

See “Copyrights," § 1; "Trade-Marks an A party to an arbitration agreement who See "Copyrights,". $ 1; voluntarily joins in the selection of persons as

Trade-Names," $ 2.

. arbitrators who are known to have formed opinions upon the merits of the controversy cannot ASSIGNMENTS FOR BENEFIT OF impeach the award on the ground that the arbitrators were not impartial.-Duvall v. Sulzner

CREDITORS. (C. C.) 910.

Mere statements made by one claiming own- See "Bankruptcy," $8 2-8. ership of certain stock of a corporation, that if he recovered it he would use or dispose of it for the benefit of the corporation, did not con- ASSUMPSIT, ACTION OF. stitute a transfer which entitled the corporation to notice of a hearing by arbitrators to de- See “Account Stated”; “Work and Labor."

*Point annotated. See syllabus.

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