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INTEREST.

Recovery of usurious interest received froL bankrupt, see "Bankruptcy," § 6.

INTERLOCUTORY INJUNCTION. See "Injunction," § 3.

INTERLOCUTORY JUDGMENT. Appealability, see "Appeal and Error," § 1

INTERNAL REVENUE.

A bucket shop held subject to stamp tax on if transactions with its customers under War Rev enue Act June 13, 1898, Schedule A, subd. 3 c. 448, 30 Stat. 458, as amended by Act March 2, 1901, c. 806, 31 Stat. 943 [U. S. Comp. St 1901 p. 2302].-Eldredge v. Ward (C. C.) 253.

INTERNATIONAL LAW.

See "Aliens"; "Treaties."

INTERSTATE COMMERCE.

Regulation, see "Carriers," § 1; "Commerce.'

INTERSTATE EXTRADITION.

See "Extradition," § 1

INTER VIVOS.

Gifts inter vivos, see "Gifts," § 1.

See "Patents."

INVENTION.

IRREPARABLE INJURY.

Ground for preliminary injunction, see "In junction," § 3.

ISSUES.

In civil actions, see "Pleading," § 1. Presented for review on appeal, see "Appea and Error," § 2.

See "Courts."

JUDGES.

Mandamus to judge, see "Mandamus," § 1.

JUDGMENT.

der where he was in fact served with process, or appeared, and the circumstances were such that he could not have been misled as to the person intended.-Aaron v. United States (C. C. A.) 833.

A petition or motion for the attachment of a defendant for contempt in violating an injunction, which is entitled as in the original suit, and refers to the order of injunction granted therein by its date, and sets out in detail the alleged acts of violation, is sufficient, and need not set out the order in terms.-Aaron v. United States (C. C. A.) 833.

IN PAIS.

Estoppel, see "Estoppel," § 1.

INSOLVENCY.

See "Bankruptcy."

Of national bank, see "Banks and Banking," § 1.

INSURANCE.

Validity as against trustee in bankruptcy of equitable lien on proceeds of insurance policy, see "Bankruptcy," § 4.

§ 1. Risks and causes of loss.

*Instructions approved in an action on an accident policy to recover for the death of the insured, where the question was whether the disease from which he admittedly died was the result of an accidental injury or existed previously, and death was the joint result of such latent disease and the injury.-New Amsterdam Casualty Co. v. Shields (C. C. A.) 54.

§ 2. Actions on policies.

*The question whether appendicitis, which caused the death of an insured, was caused by an accident, or was the result of a diseased condition existing prior to the accident, held properly submitted to the jury, where the testimony of physicians testifying as experts was conflicting.-New Amsterdam Casualty Co. v. Shields (C. C. A.) 54.

The allowance of an attorney's fee to a plaintiff on recovery on an accident policy held within the discretion of the jury under St. Tenn. 1901, c. 141, p. 248.-New Amsterdam Casualty Co. v. Shields (C. C. A.) 54.

*Evidence held insufficient to sustain a recovery on a policy insuring against death resulting from accidental injury.-National Ass'n of Ry. Postal Clerks v. Scott (C. C. A.) 92.

*To warrant a recovery on an accident policy insuring against death only when it results alone from an accidental injury, the plaintiff must establish two fundamental propositions: First, that there was an accidental injury; and, second, that it alone caused the death.-National Ass'n of Ry. Postal Clerks v. Scott (C. C. A.) 92.

Homestead exemption against judgment, se "Homestead, § 1.

Review, see "Appeal and Error." *Point annotated. See syllabus.

1. Opening or vacating.

*A court of equity has power to vacate its
vn decree at any time during the term at
hich it was entered, on the ground that it
as procured by means of the perjured testi-
ony of the prevailing party, notwithstanding
e fact that it has been affirmed on appeal, but,
the absence of a statute conferring it, such
wer does not extend beyond the term.-Nelson
Meehan (C. C. A.) 1.

Code Civ. Proc. Alaska, § 93, which author-
es a district court to relieve a party from a
dgment taken against him through his mistake,
advertence, surprise, or excusable neglect, does
ot confer power to vacate a judgment after the
rm on the ground that the issues were errone-
sly decided because of perjured testimony; the
otion being based on affidavits going to the
entical issues tried before.-Nelson v. Meehan
C. C. A.) 1.

A final judgment held not superseded by a
bsequent order setting it aside conditionally,
at merely suspended and to have again become
full force on a failure to comply with the
ondition.-United States v. Noojin (D. C.) 377.
2. Equitable relief.

*A bill to impeach a decree for fraud, the re-
ef sought being an injunction to restrain its
forcement, is not the same in purpose as an
peal, and the court which rendered the de-
ee has jurisdiction to entertain such a bill, al-
ough an appeal from the decree is pending.-
owagiac Mfg. Co. v. McSherry Mfg. Co. (C.
A.) 524.

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ee "Habeas Corpus," § 1.

riminal prosecutions, see "Criminal Law," § 2.

LACHES.

Affecting right of action for infringement of
trade-mark, see Trade-Marks and Trade-
Names," 3.

Effect in equity, see "Equity." § 2.
In issuance of execution by United States, see
"United States," § 1.

LANDLORD AND TENANT.

Lease of premises for bawdy house, see "Dis-
orderly House."

§ 1. Premises, and enjoyment and use
thereof.
A conveyance of a life estate by the owner to
the remaindermen held a mortgage only and in-
effective to make the grantee liable as owner for
injuries to the goods of a tenant of a part of
the building from an overflow of a closet in a
portion rented to another.-Lebensburger v. Sco-
field (C. C. A.) 85.

*A landlord held not liable for injuries to the
goods of a tenant of the lower floor of a building
caused by the overflow of a closet on an upper
floor, rented to another tenant who was
quired to keep the premises in repair.-Lebens-
burger v. Scofield (C. C. A.) 85.

LANDS.

See "Public Lands."

LEASES.

See "Landlord and Tenant."

LETTERS PATENT.

o recover usurious interest received' from For inventions, see "Patents."
bankrupt, see "Bankruptcy," § 6.

pecial jurisdictions and jurisdictions of partic-

ular classes of courts.

articular courts, see "Courts."

LEWDNESS.

See "Prostitution."

JURY.

LIBEL AND SLANDER.

aking case or question from jury at trial, see § 1. Words and acts actionable, and
"Trial."

1. Competency of jurors, challenges,
and objections.

*The examination of jurors on their voir dire
a criminal case held to have disclosed such a
ate of mind on their part as to render the
erruling of challenges by defendant for actual
as an abuse of discretion.-Rosencranz V.
nited States (C. C. A.) 38.

KNOWLEDGE.

nowledge by shipper of lawfulness of rate, see
"Carriers," § 1.

liability therefor.

*A declaration in libel held to state a cause of
action.-Doherty v. Lynett (C. C.) 681.

LIENS.

See "Maritime Liens"; "Mechanics' Liens."
Effect of proceedings in bankruptcy, see “Bank-
ruptcy," § 4.

LIGHTS.

Of vessel, see "Collision," § 2.
*Point annotated. See syllabus.

LIMITATION.

MANUFACTURES. Of claim of patent, see "Patents,” $ 4.

Dissolution of manufacturing corporation, sed

"Corporations," § 4.
LIMITATION OF ACTIONS.

MARITIME LIENS.
See “Adverse Possession."
For breach of contract of shipment, see "Ship- $ 1. Enforcement.
ping," $ 3.

Evidence of an account stated between a Laches, see “Equity," § 2.

claimant and the owner of a vessel for supplies Limitation of right to execution on judgment furnished has no tendency to establish a mari

in favor of United States, see “United States," time lien on the vessel.-The J. S. Warden (D. 8 1.

C.) 697. § 1. Pleading, evidence, trial, and re

A claim for a lien for supplies furnished a view.

vessel in her home port in New Jersey, under 2 *The defense of limitation under the general dence that they were furnished and charged to

Gen. St. N. J. p. 1966, § 46, sustained on evistatute cannot be made by demurrer.-Doherty the vessel.-The J. S. Warden (D. C.) 697. v. Lynett (C. C.) 681. LIMITATION OF LIABILITY.

MASTER AND SERVANT.

See "Work and Labor." Of carrier, see "Carriers," 8 2. , ” 3, 6

Arbitration between employer and employés, see Of owner of vessel, see "Shipping," $$ 3, 6.

“Arbitration and Award," $1, 3.

Excessive damages in action for injuries to LIS PENDENS.

servant, see "Damages," $ 1.

Regulation of liability to employés of carriers Pendency of other action ground for abate

engaged in interstate commerce, see “Comment, see "Abatement and Revival," $ 1.

merce," $ 3. $ 1. Master's liability for injuries to

servant. LOGS AND LOGGING.

*A bridge foreman for a railroad company, Removal of timber as waste, see "Waste."

who while in the pursuit of his own affairs, and not engaged in any duty for the company, went

upon the track at night on a hand car having LOTTERIES.

no light and was killed in a collision with a

special train, held not to have stood in the rela§ 1. Lottery franchises, contracts, and tion of a servant at the time.-Russell v. Oregon transactions.

Short Line R. Co. (C. C. A.) 22. A certain guessing contest held a lottery in *A workman injured by the blowing out of a violation of the federal laws and also Comp. water block from a blast furnace held not chargeLaws Mich. § 11,344.-Waite v. Press Pub. able, as matter of law, with having assumed Ass'n (C. C. A.) 58.

the risk.-National Steel Co. v. Hore (C. C. A.)

62. MANDAMUS.

*To defeat recovery for an injury to a serv

ant by the defense of assumption of risk, the Jurisdiction of circuit court of appeals to con- master must show not only that the servant

trol action of circuit court, see "Courts," $ 2. knew of the negligence of which he complains, § 1. Subjects and purposes of relief.

but that he knew and understood, or ought to *Mandamus will lie to control the action of danger to which he voluntarily exposed himself

have known and appreciated, the increased an inferior court when it assumes to act beyond by reason of such negligence.-National Steel its jurisdiction, or where it refuses to take ju- Co. v. Hore (C. C. A.) 62. risdiction of a case, and proceed to judgment therein when it is its duty to do so, and there is Ohio fellow servant act April 2, 1890 (87 Ohio no other adequate remedy, but not to control its Laws, p. 150), held a valid law under the Conaction in a matter which is within its jurisdic-stitution of Ohio, and not in violation of the tion to hear and determine.-Dowagiac Mfg. Co. fourteenth amendment of the federal Constituv. McSherry Mfg. Co. (C. C. A.) 524.

tion.-Erie R. Co. v. Kane (C. C. A.) 118. *After a claim against a school district has *A servant assumes the risk of the negligence been duly established and liquidated, manda- of his superior fellow servant in the direction of mus is the proper remedy_to compel payment. the men and work to the same extent that he Whitaker & Ray Co. v. Roberts (C. 0.1.882. assumes the risk of the negligence of his fellow

laborer.- Westinghouse, Church, Kerr & Co. v. MANDATE.

Callaghan (C. C. A.) 397.

*One entering the employment of another asSee "Mandamus."

sumes the risk of the negligence of his fellow *Point annotated. See syllabus.

servants.-Westinghouse, Church, Kerr & Co. case of collision of two trains of the company.
v. Callaghan (C. Č. A.) 397.

-Iarussi v. Missouri Pac. Ry. Co. (C. C.) 654.
The duty of caring for the safety of a place
or appliances where the work necessarily chang- MEASURE OF DAMAGES.
es the character of the place or the appliances
as to safety is the duty of the servants.-West- For breach of contract for sale of goods, see
inghouse, Church, Kerr & Co. v. Callaghan (C.

"Sales," $ 2.
C. A.) 397.

All who enter the employment of a common
master in a common undertaking are prima facie

MECHANICS' LIENS.
fellow servants.-Westinghouse, Church, Kerr
& Co. v. Callaghan (C. C. A.) 397.

§ 1. Right to lien.

*Mere allegation and proof that machinery
*Where plaintiff and D. were employed by de- sold by complainant was to be placed or used
fendant in dismantling heavy machinery, and in a mill are not sufficient to sustain a suit to
D. was a foreman under a superintendent, who enforce a mechanic's lien therefor under the
was under a manager, held, that D. was a fel- statute of West Virginia giving a lien for the
low servant of plaintiff.-Westinghouse, Church, price of "machinery for constructing, altering
Kerr & Co. v. Callaghan (C. C. A.) 397. or repairing a house, mill * * * or other

*The homogeneous business of a master cannot structure," without further proof that such
be divided into distinct departments by the testi- machinery was intended for and used so as
mony to that effect of his servants, the nature Machine Co. v. Rolling Mill Co. of America

to become a part of the realty.-Canton Roll &
of the business alone separating it into de-
partments.-Westinghouse, Church, Kerr & Co. (C. C.) 321; Sturgis v. Same, id.
v. Callaghan (C. C. A.) 397.

§ 2. Proceedings to perfect.
*The injury of a servant due to his slipping

A mechanic's lien claimed for the price of
on a platform over which he walked in going to machinery for a mill held invalid on the ground
and from his place of work, resulting from ice that the attempt of the claimant to extend the
which accumulated on the platform by reason time for filing his claim by the unauthorized ship-
of drippings from trucks moved over the plat- ment of additional machinery was ineffectual.
form by other employés in the course of their Canton Roll & Machine Co. v. Rolling Mill Co.
work, held from an assumed risk which did not of America (C. C.) 321 ; Sturgis v. Same, Id.
render the master liable.- Omaha Packing Co. *Under a statute requiring a claim for a
v. Sanduski (C. C. A.) 897.

mechanic's lien to be filed within a stated time
*The rule which makes it the positive duty after the claimant "ceases to labor, or to fur-
of a master to exercise reasonable care to pro- pish material or machinery," where a claimant
vide a servant with a reasonably safe place in has filed a sworn statement as required, fixing
which to work, even if it extends to provid- the date when he ceased, he is estopped thereby,
ing a reasonably safe mode of entrance to and cannot by a subsequent statement fixing a
and exit from the place where the workmen later date extend the time for claiming a lien.
are employed, is not applicable to a case -Canton Roll & Machine Co. v. Rolling Mill
where the place becomes dangerous in the Co. of America (C. C.) 321; Sturgis v. Same,
progress of the work, either necessarily or from Id.
the manner in which the work is done.- Omaha 3. Enforcement.
Packing Co. v. Sanduski (C. C. A.) 897.

*A bill in equity to enforce a mechanic's lien
*The mere fact that an accident happened must allege every fact essential to the right to
by which a servant was injured does not itself such lien with accuracy and clearness, so that
create a presumption of negligence on the part issue may be taken thereon, and a mere allega-
of the master.-Omaha Packing Co. v. Sanduski tion that complainant has filed and is entitled to
(C. C. A.) 897.

such a lien is insufficient.-Canton Roll & Ma-

chine Co. v. Rolling Mill Co. of America (C. C.)
Under Laws Kan. 1903, p. 599, c. 393, amend- 321; Sturgis v. Same, Id.
ing Laws 1874, p. 143, c. 93, held, that notice
bf accident to an employé of a railroad company
is not necessary to action where he was killed,

MINES AND MINERALS.
and action is by the administrator.-Iarussi v.
Missouri Pac. Ry. Co. (C. C.) 654.

Combinations by mining company, see “Monop-
*The case of a track repairer injured by col: Laches affecting suit to recover mining stock,

olies," $ 1.
lision of a train with the one in which he was
þeing taken from his work held within Laws

see "Equity," $ 2.
Kan. 1874, p. 143, c. 93, making a railroad com-
pany liable for injury to an employé by neg-

MONOPOLIES.
ligence of a fellow servant.-Iarussi v. Missouri
Pac. Ry. Co. (C. C.) 654.

$ 1. Trusts and other combinations in
*Under Laws Kan. 1874, p. 143, c. 93, making

restraint of trade.
brailroad company liable for injury to an em- The control by one mining corporation of
bloyé from negligence of a fellow servant, held, Michigan of another similar corporation en-
that the rule of res ipsa loquitur applies in gaged in a competing business by acquiring a

*Point annotated. See syllabus.
155 F.-67

see

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majority of its stock for the purpose of pre- MULTIPLICITY OF SUITS. venting competition and creating a complete or partial monopoly of trade in their products Jurisdiction of equity to avoid, see "Equity,” held in violation of Anti-Trust Law July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901,

§ 1. p. 3200], and also of Pub. Acts Mich. 1899, p. 410, No. 255, as supplemented by Pub. Acts Mich. 1905, p. 507, No. 329, and not relieved

MUNICIPAL CORPORATIONS. from its illegality by Pub. Acts Mich. 1905, pp. 153, 154, No. 105.--Bigelow v. Calumet & Hecla See “Schools and School Districts,” g 1. Min. Co. (C. C.) 869.

Injunction by street railroad to restrain another A private party who has sustained special in

company from using street pending contest of jury by a violation of Anti-Trust Act July 2,

right, see “Injunction,” $ 1. 1890, c. 647, 26 Stat. 209 [U. S. Comp. st. Injunctions affecting, see "Injunction,” $ 1. 1901, p. 3200], may sue in a federal court for Jurisdiction of United States court to restrain injunction where by reason of diversity of citi

enforcement of municipal ordinance, zenship of the parties the court has jurisdiction

"Courts," $ 2. of the suit.-Bigelow v. Calumet & Hecla Min. Jurisdiction of United States District Court of Co. (C. C.) 869.

prosecution for gambling in limits of town, see

Criminal Law," $ 2.

Multifariousness in pleading in suit against, see MORTGAGES.

"Equity," $ 3.

Ordinances establishing telephone rates as imEffect as preference by bankrupt, see “Bank

pairing, obligation of contract, see "Constitu

tional Law," $ 4. ruptcy," § 4. Equitable estoppel against mortgagee, see “Es- Ordinances fixing telephone rates as denying due

process of law, see "Constitutional Law," $ 6. toppel," § 1. Of demised premises, see “Landlord and Ten- Ordinances fixing telephone rates as denying

equal protection of law, see "Constitutional ant," $ 1. of personal property, see "Chattel Mortgages.” Regulation of telephone rates, see “Telegraphs

Law," $ 5. § 1. Requisites and validity.

and Telephones," $ 1. *One of two partners, who, on retiring from Street railroads, see "Street Railroads." active participation in the business, but remaining as a silent partner for a definite term,

con- $ 1. Fiscal management, public debt,

securities, and taxation. veyed his interest in real estate used in the busi

Under St. Wis. 1898, § 1114, a county, to ness, and which was owned by the partners as which a city has turned over for collection detenants in common, to his copartner, taking a linquent special assessments on real estate, bond for its reconveyance at the end of the term pledged by the city for the payment of improveheld, after the expiration of that time, to be ment bonds, does not become a statutory trustee the 'equitable owner of such interest, although for the bondholders, who have no standing in a it had not been reconveyed, and a mortgage court of equity to require an accounting from it. given by him thereon held entitled to record Olmsted v. City of Superior (C. C.) 172. under Gen. St. Kan. 1901, § 1221.-Clark v. Lyster (C. C. A.) 513.

A bill by a bondholder against a city held to *A mortgage taken by the owner of land on a trust as to which complainant was without an

state a cause of action in equity to enforce a mill built thereon with his consent, under an adequate remedy at law.-Olmsted v. City of oral agreement that on subsequent payment of an agreed price he would convey the title, is Superior (C. C.) 172. not a mortgage of real estate.-Hanson v. W. L. Blake & Co. (D. C.) 342.

MŪTUALITY. § 2. Foreclosure by action.

A junior mortgagee, in order to foreclose his Of contract, see “Contracts,” § 1.
own mortgage, cannot, under general rules of
equity pleading and practice, by cross-bill or
otherwise, make himself a party to a suit

NAMES.
brought for foreclosure of a prior mortgage.-
Newton v. Gage (C. C.) 598; Northern Counties See “Trade-Marks and Trade-Names."
Inv. Trust, Limited, Id.

Of partnerships, see “Partnership,” $ 1.

MOTIONS.

NATIONAL BANKS.

Direction of verdict in civil actions, see "Trial." See "Banks and Banking,” $ 1.

MULTIFARIOUSNESS.

NAVIGABLE WATERS.

In pleading, see “Equity,” g 3.

See “Wharves."
*Point annotated. See syllabus.

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