See "Guaranty"; "Principal and Surety." INDIANS. Conviction of Indian agent for malfeasance as bar to action on bond, see "Judgment," § 5. Act July 4, 1884, c. 180, § 8, 23 Stat. 97, which requires the rejection of vouchers presented by Indian agents which contain material misrepresentations of fact in regard to the amounts due and paid, does not impose a penalty, but merely prescribes a statutory rule of accounting binding upon the agent and his surety, and it is no defense to an action on his bond to recover sums unaccounted for that vouchers so rejected contained some correct and true items. -United States Fidelity & Guaranty Co. v. United States (C. C. A.) 550. INFORMATION. Criminal accusation, see "Indictment and Information." INFRINGEMENT. Of patent, see "Patents," § 4. Of trade-mark, see "Trade-Marks and Trade- INHERITANCE TAX. See "Taxation," § 1. INJUNCTION. Amendment of bill, see "Equity," § 2. Relief against particular acts or proceedings. Review of proceedings for injunction. Review of order of bankruptcy court allowing, see "Bankruptcy," § 10. § 1. Subjects of protection and relief. Evidence considered, and held to establish such acts of unlawful interference by defendants with complainant's business as to warrant the granting of a preliminary injunction.-Evenson v. Spaulding (C. C. A.) 517. *The President and Secretary of the Interior are authorized by statute (Rev. St. § 465 [U. S. Comp. St. 1901, p. 264], and section 2057) to prescribe the conditions of bonds to be given by Indian agents, and the fact that such a ing workmen, but it must be so conducted as *A court will not enjoin picketing by strikbond contains conditions not required by any to leave the persons solicited feeling that they statute does not affect its validity where they are at liberty to comply or not, as they please. are not in violation of law and were not object--Pope Motor Car Co. v. Keegan (C. C.) 148. ed to by principal or surety.-United States Fidelity & Guaranty Co. v. United States (C. the employer's business during a strike by pre C. A.) 550. INDICTMENT AND INFORMATION. For particular offenses. Against bankrupt laws, see "Bankruptcy," § 11. § 1. Necessity of indictment or pre- *Offenses against the United States punishable by a fine or by imprisonment not in a state prison or penitentiary are not infamous within the meaning of the fifth constitutional amendment, and any such offense may be prosecuted by information.-United States v. Camden Iron Works (D. C.) 214. *Indirect interference by a labor union with venting him from obtaining workmen by means which do not amount to coercion is not unlawful so long as the purpose of the combination is merely to secure the legitimate advantage and economic advancement of the members, and not to injure the employer, although harm may incidentally result to him.-Allis-Chalmers Co. v. Iron Moulders' Union No. 125 (C. C.) 155. *Under S. D. Const. art. 6, § 5, the publisher of a commercial newspaper held not subject to injunction to restrain him from publishing articles adverse to catalogue or mail-order houses.Merchants' & Hardware Dealers' Ass'n (C. C.) Montgomery Ward & Co. v. South Dakota Retail 413. A railroad company may maintain a suit in equity for an injunction to restrain brokers from dealing in special nontransferable tickets issued by it, or which may be issued by it in the future.-Pennsylvania Co. v. Bay (C. C.) 770. *Point annotated. See syllabus. *Where, after an action against the owner of IN REM. the owner had the value of the vessel and Remedies in admiralty, see "Admiralty," § 1. INSOLVENCY. tinuing to prosecute his action in the state court. See "Bankruptcy." § 2. Preliminary and interlocutory in- junctions. INSPECTION. Of appliances by railroad company, see "Rail- Of writings, see "Discovery," § 1. INSTRUCTIONS. In a suit for an injunction to restrain strik- *Where the only object of a suit in equity is § 3. Violation and punishment. The constant maintenance of pickets by strik- Acts of pickets maintained by strikers con- *A labor organization or its officers, or a IN PAIS. Estoppel, see "Estoppel," § 1. IN PERSONAM. INSURANCE. § 1. The contract in general. *Where a life insurance contract is expressly § 2. Avoidance of policy for misrepre- *A policy of fire insurance which contains a § 3. Forfeiture of policy for breach of § 4. Extent of loss and liability of in- surer. The master of a stranded vessel who remains *The action of the insurers of a stranded ves- Remedies in admiralty, see "Admiralty," § 1. cepted an abandonment, where it was expressly agreed between them and the owners that such agent should go as the representative of all parties in interest.-Hume v. Frenz (C. C. A.) 502. *The action_of_the insurers of a stranded vessel in taking and retaining possession of her to make temporary repairs and in finally permitting her to be sold for the cost of permanent repairs made at their instance held to be a constructive acceptance of an abandonment by the owner.-Hume v. Frenz (C. C. A.) 502. 5. Payment or discharge, contribution, and subrogation. Under a burglar insurance policy insurer held not entitled to replace a damaged safe as part payment of its liability.-Bankers' Mut. Casualty Co. v. State Bank of Goffs (C. C. A.) 78. § 6. Actions on policies. In an action on a burglar's insurance policy, evidence held insufficient to show the falsity of a representation that the door of insured's safe was five inches thick.-Bankers' Mut. Casualty Co. v. State Bank of Goffs (C. C. A.) 78. Evidence considered in an action on an accident policy, and the question whether the occupation of the insured was substantially that described in his application held one for the jury. -Wilder v. Continental Casualty Co. (C. C. A.) 92. INTENT. Element of offense for violation of safety ap pliance act, see "Railroads," § 3. INTEREST. Rev. St. § 3226 [U. S. Comp. St. 1901, p. 2088] is not applicable to special taxes collected under Oleomargarine Law Aug. 2, 1886, c. 840, 24 Stat. 209 [U. S. Comp. St. 1901, p. test is not required to appeal to the commis2228], and one who has paid such tax under prosioner to entitle him to maintain an action for its recovery where he made application for its its recovery where he made application for its abatement after the assessment and before payment.-Grier v. Tucker (C. C.) 658. INTERNATIONAL LAW. Liability of trustee in bankruptcy, see "Bank-8 1. On trial of issues. ruptcy," § 5. INTERLOCUTORY INJUNCTION. See "Injunction," § 2. INTERLOCUTORY JUDGMENT. Appealability, see "Appeal and Error," § 1. INTERNAL REVENUE. Self-serving declarations in prosecution for offense against internal revenue laws, see "Criminal Law," § 1. An adopted child held a stranger in blood, and not "lineal issue" within Act Cong. June 13, 1898, c. 448, 30 Stat. 448 [U. S. Comp. St. 1901, p. 2286], as amended by Act March 2, 1901, c. 806, 31 Stat. 938 [U. S. Comp. St. 1901, p. 2286], imposing a succession tax.Kerr v. Goldsborough (C. C. A.) 289. Facts considered, and held not to constitute a plaintiff a wholesale dealer in oleomargarine, and subject to tax as such under Act Aug. 2, 1886, c. 840, 24 Stat. 209 [U. S. Comp. St. 1901, p. 2228].-Grier v. Tucker (C. C.) 658. A patent is sufficiently identified in a decree by giving the number and name of the patentee, and the decree is not rendered void for uncertainty because the description of the invention is not given in the language of the title head of the patent, which is merely used for the purposes of classification in the Patent Office.Maginn v. Standard Equipment Co. (C. C. A.) 139. § 2. Opening or vacating. *A court has power during the term at which a decree is entered to set the same aside on motion, provided the facts are such as to justify the action in the exercise of a judicial discretion.-Miocene Ditch Co. v. Moore (C. C. A.) 483; Same v. Campion Mining & Trading Co., Id. An order setting aside a decree entered at the same term pursuant to a settlement made by the attorney for one of the parties without the knowledge or authority of his client held within the proper discretion of the court, under the facts shown.-Miocene Ditch Co. v. Moore (C. C. A.) 483; Same v. Campion Mining & Trading Co., Id. § 3. Equitable relief. *Evidence considered, and held insufficient to warrant the setting aside of a judgment at law by a court of equity on the ground of *Point annotated. See syllabus. the misconduct of the complainant's attorney.- $ 4. Collateral attack. LACHES. In suing for specific performance, see "Specific LANDLORD AND TENANT. A decree awarding an interest in a patent v. Standard Equipment Co. (C. C. A.) 139. § 5. Merger and bar of causes of action and defenses. The conviction and imprisonment of an In- *A judgment of dismissal entered on motion 6. Conclusiveness of adjudication. 7. Suspension, enforcement, and re- A proceeding under Code Civ. Proc. Cal. $ ant for damages to premises, see "Judgment,' Lease of easement, see "Easements," § 1. *The surrender of leased premises by the les- *A surrender of the leased premises and ac- *Where, under a lease, the lessee was to put The obligation to pay taxes as for rent ac- A surrender of leased premises and their ac- *The landlord's lien created by Code Iowa, LAPSE. Of devise or legacy, see "Wills," § 2. Effect of proceedings in bankruptcy, see "Bank- Equitable lien to confused property, see "Con- Landlord's lien for rent, see "Landlord and Marshaling notes secured by lien, see "Marshal- LIMITATION OF ACTIONS. See "Adverse Possession." LIMITATION OF LIABILITY. LITERARY PROPERTY. See "Copyrights." LOCATION. Of mining claim, see "Mines and Minerals," § 1. LOGS AND LOGGING. Conspiracy to obtain public timber land, see Trees as part of realty, see "Property." LOOKOUT. MARRIED WOMEN. See "Husband and Wife." MARSHALING ASSETS AND SECURI- A decree requiring a creditor on payment MASTER AND SERVANT. Construction of contract of employment in gen- Priority of claims for wages in administration § 1. Master's liability for injuries to servant. *Under Rev. St. Utah 1898, §§ 1342, 1343. *Where a servant complains of a dangerous de- MEASURE OF DAMAGES. See "Damages," § 1. MERGER. Of cause of action in judgment, see "Judgment," Of railroads, see "Railroads," § 1. *Point annotated. See syllabus. On vessels, see "Collision," § 4. |
