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Swamp Lands.

A decision of the high court of chancery in

England, granting to defendant, against com-
See "Public Lands."

plainant's opposition, the right to register as a

trade-mark the words alleged to be an infringe-

ment, is no bar to a suit here for an infringe-

ment by using such words.-City of Carlsbad v.
See "Customs Duties."

Kutnow (C. C.) 794.

When a defendant has been enjoined from

using a label almost identical with that of com-

plainant, he will also be enjoined from resorting

to another label, differing in detail from com-
See, also, “Constitutional Law."

plainant's, but so like it in general appearance as
Of express companies, see "Constitutional to deceive consumers, if not trade experts.-

Cuervo v. Owl Cigar Co. (C. C.) 541.
Of railroad, see "Railroad Companies."
An act in relation to taxation will not be so

construed as to enable taxpayers to escape tax-
ation, if it is reasonably susceptible of a differ-See, also. “Appeal"; "Evidence"; "Judgment”;
ent construction.-Board of Com’rs of Custer.

County v. Anderson (C. C. A.) 341.

An objection to deeds offered in evidence on
The act of Montana of September 14, 1887, as the ground that there is nothing to identify or
amended by the act of March 14, 1889, does not show title to the lands described in the declara-
leave the assessment of taxes optional with the tion is too general to sustain an objection where
taxpayers, but the assessors have still a right to the deeds appear to show title.- Robinson v.
assess_the property of those who fail to file Dewhurst (C. C. A.) 336.
lists.-Board of Com'rs of Custer County v. An- The objection that a certified copy of a pat-
derson (C. C. A.) 341.

ent, received in evidence, shows no seal, cannot
be first raised in an appellate court.-Robinson

v. Dewhurst (C. C. A.) 336.

The fact that a judge, in charging the jury.
A telegraph company is not liable for dam- omits to refer to certain facts favorable to the
ages for the nondelivery of an unrepeated mes defeated party, is not ground for a new trial.-
sage sent on a blank containing a proviso against Lowry

v. Mt. Adams & Eden Park Incline
liability for such messages, and so obscure in its Plane Ry. Co. (C. C.) 827.
terms as to give no notice of what it means or
what damages may result from its nondelivery.

- Western Union Tel. Co. v. Coggin (C. C. A.)

A father who completed the purchase of lands

under a contract made by his son, since deceas-

ed, and took title in his own name, held a trus-
Of court, see "Courts."

tee for the son's minor heir, whether he used his
own money or money derived from the son's

property.-Roggenkamp v. Roggenkamp (C. C.

Where a devise is made upon a valid trust, the

heirs at law have no right to contest the right
The word "Momaja," as applied to a blend of of the trustees to take.- White v. Keller (C. c.
Mocha, Maracaibo, and Java coffees, is not so A.) 796.
far descriptive as to be objectionable as a trade-
mark.-American Grocery Co. v. Sloan (C. C.) by whom it has been misapplied, is not entitled

The owner of property intrusted to another,

to a general lien upon the assets of the trustee
A trade-mark, consisting of the word “Mom- for the value of such property, and can only

as applied to a blend of coffee, is infringed follow the same so far as it can be traced, either
by the use of the word "Mojava," applied to in its original form or in the other forms into
another blend of coffee.-American Grocery Co. which it has been converted. - Spokane County
v. Sloan (C. C.) 539.

v. First Nat. Bank (C. C. A.) 979.

Where trust funds have been wrongfully in-
The fact that Carlsbad is a geographical name vested by the trustee in securities which remain
does not prevent the city of that name from in his hands, the owner of such funds is entitled
having an exclusive right to the use thereof in to follow the same in the form into which they
connection with springs owned by it, which have have been converted, and impress a trust there
the same name, and give it to their products.- on for his benefit.-City

of Spokane v. First Nat.
City of Carlsbad v. Kutnow (C. C.) 794.

Bank (C. C. A.) 982.
It is an infringement of the trade-mark "Carls-
bad Sprudel Salts" to sell artificial salts under

the name of "Improved Effervescent Carlsbad
Powder.”—City of Carlsbad v. Kutnow (C. C.) Where a New York corporation issued, and

sold at 80 cents on the dollar, bonds secured by


mortgage on its ships, held, that under the New of the said E. do not marry or be given in
York statute of 1850, as construed by the state marriage to any of the children of my uncle J.,
courts, usury was not available as a defense ei- or to any of his grandchildren, or great-grand-
ther to the corporation or to its judgment cred children, or other lineal descendants of the said
itors.-The Vigilancia (D. C.) 781; The Segu- J.; but should any of the children of the said
ranca, Id.; The Allianca, Id.; The Advance, Id.; E. marry any of the descendants of the said J.,
Atlantic Trust Co. v. Proceeds of The Vigilan- the share of my estate of he, she, or they so
cia, Id.

marrying as aforesaid shall go to and become

vested in the other child or children of the said

E., share and share alike”; and the testator
See "Indictment and Information."

charged E. with the payment of a legacy of
$2,000. Held, that E. took an estate tail which

became converted into a fee-simple absolute by
VENDOR AND PURCHASER. her deed executed agreeably to the Pennsylvania

statute for the barring of estates tail.- Pearsol
A railway company which had made a mort- v. Maxwell (C. C.) 513.
gage covering after-acquired property began pro-
ceedings to condemn land of H. The compen-
sation awarded not being paid, H. began a suit

to restrain the railway company. A compromise
sum was then agreed on, but not paid, and the

"Electrolysis," as used in connection with
court in H.'s suit decreed a lien in H.'s favor on metallurgical operations, takes place whenever
his land taken by the railway company, and or a current of sufficient quantity and intensity is
dered it sold. H. bought it in at the sale. Aft- passed through a chemical compound in a Auid
erwards, in a foreclosure suit by the mortgagee thereof, the result being that one of the ele-
valid lien on É.'s land, and it was ordered to be ments will go to the anode and the other to the
sold. Held, error; that H. retained a valid cathode.-Lowrey v. Cowles Electric Smelting &
vendor's lien, and acquired a perfect title by the Aluminum Co. (C. C.) 354.
sale in his suit.-Hobbs v. State Trust Co. (C. “Smelting," though by derivation synonymous
C. A.) 618.

with "melting," has a more contracted meaning

in connection with metallurgical operations, and

usually means a melting of ores in the presence
Of lien, see "Mechanics' Liens."

of some reagent which combines with the non-
Of objections by appearance, see "Appearance.” metallic element, and thus frees the metal ele

ment.-Lowrey y. Cowles Electric Smelting &

Aluminum Co. (C. C.) 354.

Writ of Error.
The owner of an oil wharf is not liable for
damage occasioned to a vessel lying thereat by See "Appeal."
fire communicated from premises owned by oth-
ers, and by means of floating oil that escaped

from sources over which he has no control.-
Hustede v. Atlantic Refining Co. (D. C.) 669.

Where a contract is made in Michigan for the
delivery of ore in Mexico, a cause of action for

nondelivery arises in Mexico, and gives no right

to make service of process under section 8145,

How. Ann. St. Mich.-United States Graphite
What law governs, see "Conflict of Laws."

Co. v. Pacific Graphite Co. (C. C.) 442.
A will devising property, and reciting that it Service on an officer of a foreign corporation
is community property, does not estop the dev- casually within a state where the corporation
isees from disputing that it is community prop- has no place of business is not good.- United
erty, nor amount to a devise of a half interest to States Graphite Co. v. Pacific Graphite Co. (C.
the testator's wife.-Hatch v. Ferguson (C. C. C.) 442.
A.) 43.

A suitor attending a hearing on a demurrer
A testator devised lands to E., “to have and in a foreign jurisdiction, to consult with his
to hold the same to the said E. and the heirs of counsel, is privileged from service of process.-
her body, provided, however, that the children Kinne v. Lant (C. C.) 436.

68 Fed.-67


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