to a conspiracy between her and Vane C. Hester, vice president of the bankrupt, to conceal same and to hinder, delay, and defraud the creditors of the bankrupt. It was admitted that the money was turned over to Miss Porter by Hester within four months of bankruptcy, and the identical money to the extent of $3,235 was found in her possession and sequestered. Appellants contended, however, that from time to time over a period of years Miss Porter left part of her weekly salary with Hester for safe-keeping, and had also deposited with him $500 at one time, and that without her knowledge and consent he had used it in the business of the bankrupt.

After a full hearing the District Court found against appellants, ordered the money impounded turned over to the trustee, and entered judgment against appellants for $4,000, with interest. Error is assigned to this action of the court. Without stopping to review it, it is sufficient to say that the evidence in the record fully supports the judgment of the District Court.

Error is also alleged to the allowance of an amendment to the trustee's pleading, alleging the insolvency of the Hester Company after November 1, 1925, and to the admission of certain evidence tending to contradict the testimony of Miss Porter and Hester, given before the referee in the course of the bankruptcy inquiry, which had been offered by appellee and admitted without objection. These assignments are entirely without merit. We find no error in the record.

Affirmed.

W. K. HORTON, Suing as Guardian for Lucinda Horton, et al., Minors, Plaintiff in error,

v. NEW YORK LIFE INSURANCE COMPANY, Defendant in Error.

Circuit Court of Appeals, Fifth Circuit. November 4, 1927.

No. 4960.

In Error to the District Court of the United States for the Southern District of Alabama; Robert T. Ervin, Judge.

B. E. Jones, of Evergreen, Ala., and Sam M. Johnston, of Mobile, Ala. (Claude E. Hamilton, of Greenville, Ala., Berney E. Jones, of Evergreen, Ala., Samuel M. Johnston, of Mobile, Ala., Hamilton & Jones, of Evergreen, Ala., and Smith, Young & Johnston, of Mobile, Ala., on the brief), for plaintiff in error.

pellant.

Claude U. Stone, of Peoria, Ill., and Orla M. Hill, and Jesse L. England, both of St. Louis, Mo., for appellees.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.

PER CURIAM. Upon the jurisdictional question as to the amount involved, we are of the opinion that this case is not distinguishable from the cases of Wood et al. v. Thomp son et al., and Illinois Bankers' Life Association et al. v. Strattan et al., 14 F.(2d) 951, decided by this court June 9, 1926. Upon the authority of those cases the decree appealed from is reversed, with direction to dismiss the suit for want of jurisdiction.

Worth, Tex., for appellee.

PER CURIAM. Appeal docketed and

Howell Leuck, Asst. U. S. Atty., of Cleveland, Ohio (A. E. Bernsteen, U. S. Atty., of Cleveland, Ohio, on the brief), for the United States.

Before DENISON and MOORMAN, Circuit Judges, and RAYMOND, District Judge.

PER CURIAM. Reversed, on authority of Weaver v. U. S. (C. C. A.) 15 F.(2d) 38, and Martin v. U. S. (C. C. A.) 20 F. (2d) 785. If it might be thought that the indictment here was sufficient because, not negativing sales of stamped narcotics, it would have permitted proof that Mancuso was selling stamped packages, and was therefore a dealer required to register, yet there is no proof to that effect in the record, nor was any package sold offered in evidence. In any event, and for lack of such proof, there should have been a directed verdict.

Rothschild FRANCIS, Appellant, v. George Washington WILLIAMS, Judge, etc., Appellee.

Circuit Court of Appeals, Third Circuit. December 13, 1926.

No. 3489.

See, also, 11 F. (2d) 860.

PER CURIAM. Upon consideration of the motion on behalf of appellee to dismiss this appeal and the rule thereon upon appellant to show cause why the appeal should not be dismissed, returnable the first Monday of December, 1926, and the case being called on that day, to wit, Monday, December 6, 1926, and there being no appearance on behalf of appellant, it is ordered that the appeal in the above-entitled cause be and the same is hereby dismissed.

Ralph Orwig, of Des Moines, Iowa, for

appellant.

Minn., for appellees.

PER CURIAM. Appeal docketed and dismissed, with costs, on motion of appellees,

under rule 16.

4

William PIERRO et al., Plaintiffs in Error, v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit. May 9, 1927.

No. 7652.

In Error to the District Court of the United States for the Western District of Oklahoma.

C. R. Reeves, of Oklahoma City, Okl., for plaintiffs in error.

William P. Kelley, Asst. U. S. Atty., of Oklahoma City, Okl.

PER CURIAM. Writ of error dismissed, without costs to either party in this court, on motion of defendant in error, under rules 23 and 24.

5

P. J. HYLAND, Inc., Appellant, v. UNITED STATES, Appellee.

Circuit Court of Appeals, Third Circuit. November 17, 1927.

No. 3659.

Appeal from the District Court of the United States for the District of New Jersey; Wm. N. Runyon, Judge.

Walter G. Winne, U. S. Atty., of Hackensack, N. J., and Harlan Besson, Asst. U. S. Atty., of Hoboken, N. J., for the United States.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge. In the court below, after proofs furnished both by the government and the defendants, the court adjudged the premises a nuisance by reason of the proved sale of intoxicants, and ordered such nuisance abated and closed. After full consideration of the proofs, we are of opinion the decree below should be affirmed, without served with process making application under prejudice to any nonresident who is not section 22, title 2, of the National Prohibition Act (27 USCA § 34), for any relief to which she is entitled.

4

James A. REED, Charles L. McNary, William H. King, Robert M. Lafollette, Jr., Senators, Constituting a Special Committee of the Unit. ed States Senate, Acting under the Authority of Senate Resolutions Nos. 195 and 324 of the Sixty-Ninth Congress, and Jerry C. South, Attorney and Representative of the said Special Committee of the United States Senate, Appointed and Acting Pursuant to Senate Resolutions Nos. 195 and 324 of the SixtyNinth Congress, Appellants, v. COUNTY COMMISSIONERS OF DELAWARE COUNTY, PA., the Prothonotary of Delaware County, and John J. Sailing, a Justice of the Peace in and for Delaware County, and All Other Justices of the Peace and Alder. men of Cities of Delaware County, Pennsylvania, Who Have Custody of Ballot Boxes Used at the General Election Held in Dela. ware County on November 2, 1926, Appellees.

Circuit Court of Appeals, Third Circuit. November 8, 1927.

No. 3684.

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge.

Affirming decree 21 F. (2d) 144.

Jerry C. South, of Washington, D. C., for appellants.

Albert J. Williams, of Media, Pa., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

PER CURIAM. And now, November 8, 1927, after argument and due consideration had, the decree below is affirmed, on the ground of the lack of jurisdiction in that court, as stated in its opinion.

5

Joe REED, Plaintiff in Error, v. UNITED
STATES.
Circuit Court of Appeals, Eighth Circuit.
September 15, 1927.

No. 7964.

In Error to the District Court of the United States for the Western District of

Oklahoma.