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495,443. Traveling contact for electric rail-

ways, held yoid... .....589, 590,

591, 592, 593, 594, 595, 596 For defective equipment of railroad cars, see
498,507. Apparatus for operating furnace

"Railroads," $ 3.
doors, cited...

355 Review in action to recover penalty as depend-
500,149. Air lock for caissons, construed,

ent on character of action, see "Appeal and
claim 2 held not infringed, claim

Error," $ 1.
3 held void for lack of invention

338, 339, 343
514,843. Air lock for caissons, claims 1, 3,

4, 6 and 8 held void for lack of

.338, 339

Particular causes or means of injury.
517,359. Manifolding salesbook and holder, Negligent condition of vessel, see "Shipping,"
held to anticipate patent No.

$ 2.

333, 334 Operation of railroads, see "Railroads," $ 3.
534,785. Insulation of electrical conductors, Operation of street railroad, see "Street Rail-
construed, and held not infring-

roads,” § 1.
ed.... .....122, 123, 124, 126
548,973. Cable-hoist, held void for lack of

Particular classes of persons injured.
invention.......364, 365, 368, 372 Employé, see “Master and Servant,” $ 1.
558,969. Paper bag machine held valid and Traveler on highway, see "Municipal Corpora-

..741, 742 tions," $ 2.
587,366. Fire pots and grates for stoves,

Traveler on highway crossing railroad, see
claim 1, held void for lack of in-

"Railroads," $ 3.
vention; claim 2. held void for
indefiniteness of description....


141, 142 Taking case from jury, see “Trial,” $ 1.
593,954. Chest and neck protector, claim 2,
held void for lack of invention.


374, 375
594,286. Casting, composite, cited. ...

331 See "Property."
598,497. Paper bag machine, held to in-

fringe 558,969.. ..741, 742
614,819. Insulation of electrical conductors,


631,320. Air lock for caissons, cited. 339 In bankruptcy, see "Bankruptcy,” $$ 1, 2.
631,518. Electric motor frame, held void for

.. 131

641,373. Telephone switch board, cited.... 767
647,934. Manifolding salesbook and holder,

Right to enjoin, see “Injunction," 88 1-3.
held void for anticipation.... 333
661,023. Plate prism glass, held void for


661,024. Apparatus for making plate prism

glass, held valid and infringed.. 355 Objections to parties in action to recover pro-
661,025. Process for making plate prism

ceeds of oil delivered to pipe line company,
glass, held valid and infringed.. 355 see "Parties," $ 2.
661,707. Fire pot for stoves, cited.

668,960. Storage apparatus, held void for

lack of patentable invention....

738, 739, 740

In actions by or against particular classes of
669,574. Electric motor frame, cited.

676,824. Hook and eye package, construed

and held not infringed.... 597

See "Corporations," $ 2.
688,111. Storage apparatus, held void for Trustee in bankruptcy, see "Bankruptcy,” $ 6.
lack of patentable invention.

738, 740

In particular actions or proceedings.
709,001. Insulation of electrical conductors,

See “Equity," § 2; “Removal of Causes," § 3.
construed and held not infringed For infringement of patent, see "Patents," $ 4.

122, 126 Indictment or criminal information or com-
716,698. Hook and eye package, cited..... 599 plaint, see "Indictment and Information.”
757,754. Railway-rail stay, cited........ 764

Review of decisions and pleading in appellate

11,872. Traveling contact for electric rail-

Appealability of order striking pleading, see
ways, held void. ......589, 590, 592 "Appeal and Error," 8 1.

8 1. Demurrer or exception.

*A general demurrer to a count in a declara-
Of insurance, see "Insurance," $ 5.

tion cannot be sustained because it contains
Of price of land sold, see “Vendor and Purchas- a single averment.-Latham V. Staten Island
er,” $ 3.

Ry. Co. (C. C.) 235.
*Point annotated. See syllabus.


$ 2. Amended and supplemental plead- Procedure in criminal prosecutions.
ings and repleader.

See "Bail," 1; "Criminal Law.”
*An amendment of a declaration to conform
to the proof by showing that a corporate con- Procedure in exercise of special or limited juris-
tract sued on was under seal held authorized by

Virginia Code 1887, § 3384, and Rev. St. 954 In admiralty, see "Admiralty"; "Collision," g
[U. S. Comp. St. 1901, p. 696].-Mathieson 5; "Shipping," $ 4.
Alkali Works v. Mathieson (C. C. A.) 241.

In bankruptcy, see "Bankruptcy," $$ 1, 2.
*The allowance of an amendment to a com- In equity, see "Equity.”
plaint after verdict to conform to the proofs Procedure in or by particular courts or tribunals.
and meet an objection of variance held proper.
-S. H. Greene & Sons v. Freund (C. C. A.) See “New Trial.”

Procedure on review.
§ 3. Motions.

See "Appeal and Error."
An invalid averment in a count in a declara-
tion can be removed from the record only by a
motion to strike.-Latham v. Staten Island Ry.

Co. (C. C.) 235.

Effect of proceedings in bankruptcy, see "Bank-

ruptcy,” $$ 4, 5.
Of insurance, see "Insurance."


Ground for reversal in civil actions, see "Ap-

peal and Error," § 5.
See "Adverse Possession.”


See "Injunction," $ 2.
§ 1. Offenses against postal laws.

It is not sufficient that an indictment for
embezzlement of money order funds under Rev.

St. $ 4046 [U. S. Comp. St. p. 2752), follow the
language of the statute in charging the offense For insurance, see "Insurance," $ 3.
after stating that defendant was a clerk in a
post office, but it must also charge that the
funds came into his possession by virtue of his

employment.-United States v. Allen (D. C.) 152.
*The law applicable in a prosecution under By, grand jury, see “Indictment and Informa-

Rev. St. § 5480 [U. S. Comp. St. 1901, p.
3696], for using the mails to effect a scheme or
artifice to defraud, and the elements of such

offense, considered and stated in a charge to
the jury.-United States v. White (D. C.) 379. In civil actions, see "Evidence," $ 1.

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Of attorney, see "Principal and Agent."

See "Attorney and Client."

Indian agents, see "Indians."

$1. Mutual rights, duties, and liabili-
Adoption by United States courts of practice

of state courts, see "Courts," $ 1.

When the owner of personal property gave
Procedure of particular courts, see “Courts.” | an attorney, employed as attorney and counsel,
In particular civil actions or proceedings.

and another, joint authority to sell the proper-

ty and receive the proceeds, payment by the
See "Account," § 1.

other person to the attorney of the amount re-
Particular proceedings in actions.

ceived, without special authority from the prin-
See “Abatement and Revival”; “Appearance"; cipal, did not relieve either from joint liability

**Costs"; "Dismissal and Nonsuit”; “Evi- | Wolkowich (c. C. A.) 699; In re Mason, Id. ;
dence”; “Judgment”; “Parties”;
ing"; "Reference"; "Removal of Causes”: In re Rubin, Id.; Wolkowich v. Mason,' id.

*A contract of agency construed, and the com-
Revival of judgment, see "Judgment,” s 7. missions recoverable thereunder by the agent on

the termination of the agency by the principal
Particular remedies in or incident to actions. determined.-S. H. Greene & Sons v. Freund (C.
See "Discovery"; "Injunction"; "Receivers." C. A.) 721.

* Point annotated. See syllabus.

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PRINCIPAL AND SURETY. constitute a novation discharging the contract-

ors' surety from liability.-Wing v. Bostwick
See "Bail”; “Guaranty."

Co. v. United States Fidelity & Guaranty Co.
Sureties on bonds of Indian agents, see "In- (C. C.) 672.

*A creditor who held as collateral security
§ 1. Creation and existence of relation. property owned by his debtor, and also other

*Contract of suretyship is that the surety wili property pledged by another, by his surrender
see that the principal pays or performs.-Ameri- sent of the other pledgor, forfeited his right to
can Bonding Co. v. Pueblo Inv. Co. (C. C. A.) 17. retain the property pledged by the latter. --In
§ 2. Nature and extent of liability of re Sanderson (D. č.) 236; Hill v. Horskins, Id.

Written language is to be determined by the

same rules of law where it is found in the
contract of a surety as in other agreements.- Rights of way, see "Easements."
American Bonding Co. v. Pueblo Inv. Co. (C.
C. A.) 17.

*The obligation of a surety may not be ex-
tended or reduced by construction or implica- See "Injunction."
tion beyond the true meaning expressed by the Effect of appearance, see "Appearance.”
contract.-American Bonding Co. v. Pueblo Iny. In actions against foreign corporations, see
Co. (C. C. A.) 17.

“Corporations," $ 3.
While an agreement of suretyship restricts Process in special jurisdictions, see "Admiral-
the liability of the surety to that which he ty,” 8 2.
agreed to undertake, it holds him to that liability
which by the plain terms of his agreement he

promised to assume.-American Bonding Co. v.

Particular species of property.
Pueblo Iny. Co. (C. C. A.) 17.

See "Copyrights”; “Mines and Minerals”;
Where a tenant agreed to put into the prem- “Shipping”; "Trade Marks and Trade-
ises a heating plant, to renew the plumbing, Names.”
etc., held, the surety on his bond was liable to
the lessor for the amount the latter necessarily

Remedies involving or affecting property.
paid to relieve the property from a lien for Protection of rights of property by injunction,
labor and material furnished for the heating see “Injunction," $.1.
plant and the plumbing.-American Bonding Co.
v. Pueblo Inv. Co. (C. C. A.) 17.

Transfers and other matters affccting title.

See "Adverse Possession."
§ 3. Discharge of surety.

Intermixture, see "Confusion of Goods."
Where a lease granted the lessee an option
to purchase during its life time and on the de- *Trees growing on land constitute a part
fault, the lessee surrendered the leased premises, of the realty, as provided by Code Ga. 1895, $
and the lessor accepted them, the option to pur- 3045.--- Marthinson v. King (C. C. A.) 48.
chase ceased, but the surrender did not wrong-
fully deprive the surety of its right to exercise
this option.-American Bonding Co. V. Pueblo

Inv. Co. (C. C. A.) 17.

By municipalities, see

see "Municipal Corpora-
*Surrender of premises held to terminate the tions," & i.
lease, but not to relieve the surety from the
matured obligations of the lessee.- American

Bonding Co. v. Pueblo Iny. Co. (C. C. A.) 17.

*Any material alteration of the contract Conspiracy to obtain public land, see "Con-
guarantied, without the consent of the surety,

spiracy,'' $ 2.
releases him.-American Bonding Co. v. Pueblo Construction of statute relating to, see “Stat-
Inv. Co. (C. C. A.) 17.

utes," $ 1.

Mineral lands, see "Mines and Minerals," $ 1.
*The wrongful surrender by the obligee of
security without the knowledge of the surety,
discharges him from liability entirely or pro

tanto.-American Bonding Co. v. Pueblo Iny.
Co. (C. C. A.) 17.

See "Waters and Water Courses," $ 1.

” 1
*A new contract executed between a con-
tractor and a subcontractor after breach of the

latter's contract held not to discharge the sub- For violation of injunction, see “Injunction,”
contractor's surety from liability.-Wing &
Bostwick Co. v. United States Fidelity & Guar-
anty Co. (C. C.) 672.

A continuance of work on a building beyond
the time specified for completion held not to In civil actions, see "Trial," $ 1.

*Point annotated. See syllabus.
150 F-56

$ 3.


from the fact that it runs trains over the cross-

ing at a high rate of speed.-Latham v. Staten
Amendments as to parties, see "Parties," $ 2. Island Ry. Co. (C. C.) 235.
Jurisdiction of federal courts in general, see Intent is not necessary to a violation of the
"Courts," $ 1.

safety appliance acts.-United States v. Great
§ 1. Right of action and defenses.

Northern Ry. Co. (D. C.) 229.
*In a suit to quiet title, complainant held to A common carrier cannot excuse itself from
have alleged sufficient possession to entitle her compliance with the safety appliance acts by
to maintain the suit as against her tenant, his showing that a particular equipment is out of
vendors, or assigns.-Miller v. Ahrens (C. C.) repair.- United States v. Great Northern Ry.

Co. (D. C.) 229.
*A bill to quiet title will only be maintained

Evidence held to show that the provisions of
in the federal courts where the complainant Act March 2, 1893, c. 196, 27 Stat. 531 [U.
is in possession.-Miller v. Ahrens (C. C.) 644. s. Comp. St. 1901, p. 3174], requiring automatic

couplers, had not been complied with.-United

States v. Great Northern Ry. Co. (D. C.) 229.

A railroad company is subject to the penalty
See “Street Railroads."

provided for violation of section 2 of Act March
Appealability of order requiring production of 2, 1893, c. 196, 27 Stat. 531 [U. S. Comp. St.
books of, see "Appeal and Error," § 1.

1901, p. 3174], by using a car in interstate
As employers, see “Master and Servant." commerce not equipped with automatic couplers,
Carriage of goods and passengers, see "Car- where, although the car has such couplers, they

are defective, or out of repair, or disconnected,
Requiring production of books by, see “Discov- so as not to be effective to prevent the necessity
ery," § 1.

of men going between the ends of the cars.-
Specific performance of contract by trustee for United States v. Great Northern Ry. Co. (D.
railroad company, see "Specific Performance." C.) 229.
§ 1.

Mere failure of the car inspectors of defend-
Taking case from jury in action for injuries ant railroad company to discover a defective
from operation of, see "Trial," $ 1.

coupling on the first inspection thereof, before
§ 1. Sales, leases, traffic contracts, and not a violation of the safety appliance act.

delivering the car to the connecting carrier, held

Act Cong. March 2, 1893, c. 196, 27 Stat. 531
An agreement between two railroad compa- (U. S. Comp. St. 1901, p. 3174].—United States
nies held not to effect a consolidation, but a 1. Atchison, T. & S. F. Ry. Čo. (D. C.) 442.
merger under which one company remained in
existence as a corporation of the state in which
it was organized. -Lee v. Atlantic Coast Line

R. Co. (C. C.) 775; Dunning v. Sạme, Id.; See “Property."
Myers v. Same, Id. Enter v. Same. Id.
*There is a distinct difference between a con.

solidation and a merger of two railroad com-
panies : In a consolidation both go out of exist- Receiving from carriers, see "Carriers," § 1.
ence as separate corporations, and a new cor-
poration is created which takes their place and
property, while in case of a merger one loses

its identity by absorption in the other, which Adoption by federal court of state practice as
remains in existence and succeeds to its prop-
erty and issues its own stock to the stockholders Appointment of as act of bankruptcy, see

to appointment of, see "Courts," $ 1.
of the merged company.-Lee v. Atlantic Coast

Bankruptcy," $ 1.
Line R. Co. (C. C.) 775 ; Dunning v. Same, Id.;
Myers v. Same, Id.; Enter v. Same, Id. § 1. Management and disposition of
§ 2. Indebtedness, securities, liens, and


The power to continue business of a bankrupt
*A provision of a railroad mortgage, requir. plies the power to make debts, to provide for

corporation through a receiver or trustee im-
ing as a condition precedent to foreclosure that their payment, and to borrow money for urgent
a demand shall be made on the trustee by the necessities.-In re Erie Lumber Co. (D. C.) 811.
holders of a majority in amount of the bonds,
with a tender of indemnity against liability for
costs and expenses, will not be enforced where

it appears from a bill filed by a bondholder Transcript on appeal or writ of error, see "Ap-
that compliance is impossible, and that the
trustee is antagonistic because of its interest

peal and Error," $ 4.
in a second mortgage.-Cochran v. Pittsburg,
S. & N. R. Co. (C. C.) 682.

§ 3. Operation.

§ 1. Report and findings.
*Duty of a railroad to maintain a flagman at *The court will not review the findings or
a highway crossing cannot be inferred alone conclusions of a referee to whom a cause has

*Point annotated. See syllabus.

been referred to pass upon all questions, both and which could not, therefore, have been orig-
of fact and law, unless to correct a manifest inally brought in a' federal court, is not re-
clerical error.Kilduff v. John A. Roebling's movable.-Yellow Aster Min. & Mill. Co. v.
Sons Co. (C. C.) 240; John A. Roebling's Sons Crane Co. (C. C. A.) 580.
Co. v. Carbon Steel Co., Id.

*An action pending before a justice of the

peace in Nebraska, whose Constitution (article

6, § 1) creates such courts, held removable to
See "Cancellation of Instruments."

a federal court on petition of a nonresident de-

fendant, if there exists proper diversity of citi-
§ 1. Right of action and defenses. zenship, and the value of the matter in contro-

A contract which is based wholly on the versy exceeds $2,000, exclusive of interest and
ownership by one of the parties of the stock of costs.--Katz v. Herschel Mfg. Co. (C. C.) 684.
a corporation, without which it could not per-
form the contract on its part, will not be re-8 2. Citizenship or alienage of parties.
formed by a court of equity so as to give the The obtaining of a certificate or charter of
other party the right to attack such ownership. consolidation, under Civ. Code Laws S. C. 1902,
-North Chicago St. R. Co. v. Chicago Union $ 2050 et seq., by a Virginia railroad corpora-
Traction Co. (C. C.) 612; West Chicago St. tion which had been enlarged by a merger by
R. Co. v. Same, Id.

virtue of which it acquired the property of an-
A contract made by the directors of corpora: South Carolina for the purposes of the jurisdic-

, of
tions which were in the hands of receivers will tion of a federal court.-Lee v. Atlantic Coast
not be reformed at suit of the corporations Line R. Co. (C. C.) 775; Dunning v. Same, Id. ;
on the ground of mistake, where it was ratiMyers v. Same, Id.; Enter v. Same, Id.
fied and signed by the receivers pursuant to
an order of the court made with full knowl- Where a corporation defendant in a netition
edge of the facts.-North Chicago St. R. Co. v. for removal alleges that it was organized under
Chicago Union Traction Co. (C. C.) 612; West the laws of a state other than that in which it
Chicago St. R. Co. v. Same, Id.

is sued, an allegation that it is not a citizen

of the latter state is unnecessary.-Lee v. At-

lantic Coast Line R. Co. (C. C.) 775 ; Dunning

v. Same, Id.; Myers v. Same, Id. ; Enter y.
See "New Trial."

Same, Id.

In distinguishing between a wrongful and a

justifiable purpose in seeking state rather than

federal jurisdiction, where a resident and a
Of patent, see "Patents," $ 2.

nonresident defendant are joined, the court must

be guided by the showing in each case; but
RELIGIOUS SOCIETIES. mere denials of allegations of the complaint in

a petition for removal, coupled with a state-
Under Const. W. Va. art. 6, § 47 [Code 1906, ment that the resident defendant is without
p. lxiii], Code 1899, c. 57, 88 i, 7 (Code 1906, means are not sufficient to impugn plaintiff's
$8 2606, 2613], and section 30, c. 54, Code good faith where he resists_the petition by a
1899 [Code 1906, § 2322], a trust of 351 acres counter showing.-Shane v. Butte Electric Ry.
of land located in West Virginia, created for Co. (C. C.) 801.
the benefit of a foreign religious corporation, $ 3. Proceedings to procure and effect
held contrary to the public policy of the state
of West Virginia, and therefore void.—Miller

of removal.
V. Ahrens (C. C.) 644.

*A state court is without authority to try
questions of fact arising upon a petition for re-

moval, but must accept the facts alleged there

in as true, and, if they are sufficient in law
Of mining claim, see “Mines and Minerals," and a sufficient bond is filed, it is its duty to

order the cause removed.--Shane v. Butte Élec-
§ 1.

tric Ry. Co. (C. C.) 801.

*Where a complaint in a state court alleges
Of cause removed from state court, see "Re- a joint cause of action against a nonresident
moval of Causes," $ 4.

corporation and its resident servant, the ques-
tion of improper joinder cannot be raised by al-

legations and denials in a petition for removal

filed by the corporation, but the question of re-
Effect on jurisdiction of equity, see "Equity,” movability, unless fraud is shown, must be de-
§ 1; "Specific Performance," $ 1.

termined by the complaint.-Shane v. Butte

Electric Ry. Co. (C. C.) 801.

*Where a petition for removal in connection

with the record as presented to the state court
§ 1. Power to remove and right of re- fails to disclose grounds for removal, the fed-
moval in general.

eral court, after the cause has been removed,
*A suit in a state court in which neither of has no authority to permit an amendment of
the parties is a citizen or resident of the state, 'the petition to state other and different grounds

*Point annotated. See syllabus.

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