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der where he was in fact served with process,
INTEREST. or appeared, and the circumstances were such that he could
not have been misled as to the Recovery of usurious interest received from person intended.-Aaron v. United States (C.
bankrupt, see "Bankruptcy," $ 6. C. A.) 833. A petition or motion for the attachment of
INTERLOCUTORY INJUNCTION. a defendant for contempt in violating an injunction, which is entitled as in the original See "Injunction,” $ 3. 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 INTERLOCUTORY JUDGMENT. need not set out the order in terms.-Aaron y. United States (C. C. A.) 833.
Appealability, see "Appeal and Error," § 1
A bucket shop held subject to stamp tax on its Estoppel, see "Estoppel," § 1.
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 INSOLVENCY.
2, 1901, c. 806, 31 Stat. 943 [U. Š. Comp. St.
1901 p. 2302].-Eldredge v. Ward (C. C.) 253. See "Bankruptcy.” Of national bank, see "Banks and Banking,'
INTERNATIONAL LAW. $ 1. INSURANCE.
See "Aliens"; "Treaties." Validity as against trustee in bankruptcy of INTERSTATE COMMERCE. equitable lien on proceeds of insurance policy, see "Bankruptcy," $ 4.
Regulation, see "Carriers," 81; "Commerce." § 1. Risks and causes of loss.
*Instructions approved in an action on an ac INTERSTATE EXTRADITION. cident policy to recover for the death of the insured, where the question was whether the See "Extradition,” 8 1 disease from which he admittedly died was the result of an accidental injury or existed previously, and death was the joint result of such
INTER VIVOS. latent disease and the injury.-New Amsterdam Casualty Co. v. Shields (C. C. A.) 54.
Gifts inter vivos, see "Gifts,” § 1. § 2. Actions on policies. *The question whether appendicitis, which
INVENTION. caused the death of an insured, was caused by See "Patents.” an accident, or was the result of a diseased condition existing prior to the accident, held properly submitted to the jury, where the testimony
IRREPARABLE INJURY. of physicians testifying as experts was conflicting. - New Amsterdam Casualty Co. v. Shields Ground for preliminary injunction, see "In(C. C. A.) 54.
junction," $ 3. The allowance of an attorney's fee to a plaintiff on recovery on an accident policy held with
ISSUES in the discretion of the jury under St. Tenn. 1901, c. 141, p. 248.-New Amsterdam Casualty In civil actions, see "Pleading,” $ 1. Co. v. Shields (C. C. A.) 54.
Presented for review on appeal, see "Appeal *Evidence held insufficient to sustain a re and Error,” g 2. covery on a policy insuring against death resulting from accidental injury.- National Ass'n of
JUDGES. Ry. Postal Clerks v. Scott (C. C. A.) 92.
*To warrant a recovery on an accident policy See “Courts." insuring against death only when it results Mandamus to judge, see "Mandamus," $ 1. alone from an accidental injury, the plaintiff must establish two fundamental propositions:
JUDGMENT. First, that there was an accidental injury; and, second, that it alone caused the death.-National Homestead exemption against judgment, see Ass'n of Ry. Postal Clerks v. Scott (C. C. A.) “Homestead, 1. 92.
Review, see "Appeal and Error." *Point annotated. See syllabus.
1. Opening or vacating.
trade-mark, see Trade-Marks and Trade-
Names," $ 3.
the absence of a statute conferring it, such
“United States," § 1.
effective to make the grantee liable as owner for
injuries to the goods of a tenant of a part of
full force on a failure to comply with the field (C. C. A.) 85.
goods of a tenant of the lower floor of a building
caused by the overflow of a closet on an upper
See "Public Lands."
See "Landlord and Tenant."
LIBEL AND SLANDER.
*A declaration in libel held to state a cause of
ruptcy," $ 4.
Of vessel, see "Collision," 8 2.
MANUFACTURES. Of claim of patent, see "Patents," $ 4.
Dissolution of manufacturing corporation, sed
"Corporations," § 4.
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. $ 1.
C.) 697. § 1. Pleading, evidence, trial, and re- vessel in her home port in New Jersey, under ?
A claim for a lien for supplies furnished a view. *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," $ 2.
Arbitration between employer and employés, see Of owner of vessel, see “Shipping," $$ 3, 6.
"Arbitration and Award,” $s 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 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.)
*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. C.).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.
-Iarussi v. Missouri Pac. Ry. Co. (C. C.) 654.
"Sales," $ 2.
All who enter the employment of a common
§ 1. Right to lien.
*Mere allegation and proof that machinery
*The homogeneous business of a master cannot structure,” without further proof that such
& 2. Proceedings to perfect.
A mechanic's lien claimed for the price of
*Under a statute requiring a claim for a
mechanic's lien to be filed within a stated time
-Canton Roll & Machine Co. v. Rolling Mill
*A bill in equity to enforce a mechanic's lien
such a lien is insufficient.-Canton Roll & Ma-
chine Co. v. Rolling Mill Co. of America (C. C.)
accident to an employé of a railroad company
MINES AND MINERALS.
Combinations by mining company, see “Monop-
olies," $ 1.
see "Equity," 8 2.
8 1. Trusts and other combinations in
restraint of trade.
*Point annotated. See syllabus.
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
of municipal ordinance, see 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 ant," § 1.
equal protection of law, see "Constitutional 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 remain- § 1. Fiscal management, public debt, ing as a silent partner for a definite term, con
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 improve
, the the equitable owner of such interest, although ment bonds, does not become a statutory trustee 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.
MUTUALITY. § 2. Foreclosure by action.
A junior mortgagee, in order to foreclose his Of contract, see "Contracts,” $ 1.
Of partnerships, see “Partnership," $ 1.
Direction of verdict in civil actions, see "Trial." See "Banks and Banking," $ 1.
In pleading, see “Equity," § 3.