tion.

(A) General Rules of Construction. 143 (U.S.D.C.Tex.) Good faith provision of parties may not be given different construction. -Associated Industrial Ins. Co. v. Ellis, 16 F. (2d) 464.

144 (U.S.C.C.A.Neb.) Generally law of place becomes part of contract.-National Surety Co. v. Lyons, 16 F. (2d) 688.

153 (U.S.C.C.A.Mo.) Lawful constructions of contract will be adopted, if reasonable and permissible.-Jackman V. Continental Nat. Bank, 16 F. (2d) 728. ~170(1) (U.S.C.C.A.N.Y.) Parties must abide by interpretation which they have placed on equivocal language and adhered to for many years.-Nolte v. Hudson Nav. Co., 16 F. (2d) 182.

IV. RESCISSION AND ABANDONMENT.

83 (U.S.D.C.N.Y.) After proving appropriation of theme and characters, plaintiff need not show appropriation was not from public domain. Stephens v. Howells Sales Co., 16 F. (2d) 805.

CORPORATIONS.

See Banks and Banking; Carriers; Gas; Municipal Corporations; Public Service Commissions; Railroads; Street Railroads.

I. INCORPORATION AND ORGANIZATION.

(U.S.C.C.A.Colo.) Where there is practical identity between corporation and another, which it owns and controls, courts will ignore separate legal entities.-Bishop v. U. S., 16 F. (2d) 410.

16 (U.S.C.C.A.Mass.) Payment for capital stock not condition precedent to existence of corporation (G. L. Mass. c. 156).-Prince v. McLaughlin, 16 F. (2d) 886.

IV. CAPITAL, STOCK, AND DIVIDENDS. (B) Subscription to Stock.

VI. ACTIONS FOR BREACH.

324(1) (U.S.D.C.Wyo.) Action held one on contract and not on a quantum meruit.-Utah Const. Co. v. State Highway Commission of Wyoming, 16 F. (2d) 322.

COPYRIGHTS.

I. NATURE AND ACQUISITION. 12 (U.S.D.C.N.Y.) New treatment of old plot may be copyrighted.-Stephens v. Howells Sales Co., 16 F.(2d) 805.

16 (U.S.D.C.N.Y.) Treatment of subject is protected by copyright.-Stephens v. Howells Sales Co., 16 F. (2d) 805.

33 (U.S.D.C.N.Y.) Renewal of copyright held properly secured under provisions of Copyright Act later than that under which copyright was taken (Copyright Law July 8, 1870 [Rev. St. § 4954]; Copyright Act March 4, 1909, §§ 24, 63 [Comp. St. §§ 9545, 95841). -Stephens v. Howells Sales Co., 16 F.(2d) 805.

III. INFRINGEMENT.

(A) What Constitutes Infringement.

55 (U.S.D.C.N.Y.) Motion_picture "Vendetta" held to infringe "Mr. Barnes of New York." Stephens v. Howells Sales Co., 16 F. (2d) 805.

65 (U.S.D.C.N.Y.) Right to dramatize book is part of existing copyright (Rev. St. § 4952, as amended by Act March 3, 1891, § 1 [26 Stat. 1106]).-Stephens v. Howells Sales Co., 16 F. (2d) 805.

80(11) (U.S.D.C.Mass.) Evidence held not to show that stock subscription was vitiated by fraud.-Wing v. McCallum, 16 F. (2d) 645.

83 (U.S.C.C.A.Or.) Subscriber to stock of proposed corporation has right to withdraw his subscription at any time before organization.-Collins v. Morgan Grain Co., 16 F.(2d)

253.

V. MEMBERS AND STOCKHOLDERS. (D) Liability for Corporate Debts and

Acts.

269 (3) (U.S.C.C.A.III.) Facts held to show stockholder in insolvent corporation never parted with title to stock and was liable to assessment thereon (Const. Minn. art. 10, § 3).Boak v. Robie, 16 F. (2d) 33.

273 (U.S.C.C.A.III.) Interest on assessment against stockholder in insolvent corporation should be allowed from date of action to

collect, not from date of assessment, in absence of demand (Const. Minn. art. 10, § 3).—Boak v. Robie, 16 F. (2d) 33.

VII. CORPORATE POWERS AND LIABILITIES.

(A) Extent and Exercise of Powers in General.

378 (U.S.C.C.A.Mass.) One corporation held on the evidence, not an adjunct or agency of another corporation.-Prince v. McLaughlin, 16 F.(2d) 886.

(B) Representation of Corporation by Officers and Agents.

(B) Actions.

79 (U.S.D.C.N.Y.) Defendants in copyright infringement suit held not entitled to determination of liability of codefendar.t under alleged warranty (equity rule 30).-Stephens v. Howells Sales Co., 16 F. (2d) 805.

Defendant may set up as counterclaim only such claims as are subject of independent suit in equity (equity rule 30).—Id.

81 (U.S.D.C.N.Y.) Owner of copyright is necessary party to infringement suit by li

(U.S.C.C.A.Mo.) Corporation held bound by indorsement of acceptances of subsidiary corporation.-Henderson Tire & Rubber Co. v. Gregory, 16 F. (2d) 589.

(D) Contracts and Indebtedness. 484 (3) (U.S.C.C.A.Mo.) Corporation may enter into contract of guaranty, where incidental to authorized business.-Henderson Tire & Rubber Co. v. Gregory, 16 F. (2d) 589.

XII. FOREIGN CORPORATIONS.

641 (U.S.D.C.Mass.) Statute providing for service on foreign corporations soliciting busi

642(412) (U.S.D.C.Ga.) Foreign manufac turing corporation, soliciting business, held not "doing business within state," for purposes of suit, notwithstanding occasional collections through branch office.-Hilton v. Northwestern Expanded Metal Co., 16 F. (2d) 821.

corpora

642 (42) (U.S.D.C.III.) Foreign tion held to be "doing business in state."-Rendleman v. Niagara Sprayer Co., 16 F. (2d) 122.

657 (3) (U.S.C.C.A.Ind.) Assignment of interest in contract to foreign corporation, not complying with state law, is not void.-Bradford v. Indiana Harbor Belt R. Co., 16 F. (2d) 836.

Contracts of foreign corporation, failing to qualify under Illinois law, are not void.-Id.

661 (2) (U.S.C.C.A.Ind.) Foreign corporation, not having complied with state law, may rely on executed contract as defense to suit for rent (Cahill's St. Ill. 1921, p. 2158, c. 80).-Bradford v. Indiana Harbor Belt R. Co., 16 F. (2d) 836.

661 (2) (U.S.C.C.A.Va.) New York corporation, not qualified for business in Virginia, may sue on Virginia contract after discontinuing work and withdrawing to own domicile (Code Va. 1919, §§ 3847, 3848).-Gammon v. Howard W. Scott, Inc., 16 F. (2d) 902.

661(6) (U.S.D.C.Mass.) Foreign corporation, though not authorized to do business in New York, may maintain action on contract made therein in courts of other states or federal court (General Corporation Law N. Y. § 15).-Wing v. McCallum, 16 F. (2d) 645.

668(4) (U.S.D.C.III.) Local customers of foreign corporation held not its agents, on whom process may be served.-Rendleman v. Niagara Sprayer Co., 16 F. (2d) 122.

Territorial sales manager held agent of foreign corporation, on whom valid service might be made.-Id.

EQUITY RULES.

Rule 25-16 F. (2d) 32, 148.
Rule 30-16 F. (2d) 805.
Rule 37-16 F.(2d) 236, 424, 657.
Rule 57-16 F. (2d) 977.
Rule 75-16 F. (2d) 177.
Rule 75-16 F.(2d) 856.
Rules 75, 76-16 F.(2d) 751.

COURTS.

See Judges; Removal of Causes.

I. NATURE, EXTENT, AND EXERCISE OF JURISDICTION IN GENERAL.

utory liability may be pursued in any court hav8 (U.S.C.C.A.N.Y.) Right of action on stating jurisdiction of subject-matter and parties. -U. S. Shipping Board Emergency Fleet Corporation v. Greenwald, 16 F. (2d) 948.

9 (U.S.C.C.A.N.Y.) No recovery can be had on statutory liability, unless it arises within territorial sovereignty of state whose statute is relied on.-U. S. Shipping Board Emergency Fleet Corporation v. Greenwald, 16 F. (2d) 948.

II. ESTABLISHMENT, ORGANIZATION, AND PROCEDURE IN GENERAL.

(C) Rules of Court and Conduct of Busi

ness.

78 (U.S.C.C.A.N.Y.) Rules are made to regulate procedure and facilitate business before courts.-Maison Dorin Société Anonyme v. Arnold, 16 F. (2d) 977.

(D) Rules of Decision, Adjudications, Opinions, and Records.

96 (2) (U.S.C.C.A.Cal.) Decision of Supreme Court holding statute valid is binding until overruled.-Hooper v. U. S., 16 F. (2d) 868.

VII. UNITED STATES COURTS.

(A) Jurisdiction and Powers in General. cannot 259 (U.S.C.C.A.Va.) State limit nonresident's right to sue in federal courts. Gammon v. Howard W. Scott, Inc., 16 F. (2d) 902.

668(15) (U.S.D.C.Mass.) Foreign corporation held sufficiently engaged in business in state to make service on its local agents service on corporation (Gen. Laws Mass. c. 223, § 38).Erikson v. Frink Co., 16 F. (2d) 498.

668 (15) (U.S.D.C.Mich.) Foreign corporation, represented within state by agent with authority to execute contracts, held doing business within state, authorizing service on agent. -Kulaszewicz v. Geo. Kilgen & Son, 16 F. (2d) 940.

668(15) (U.S.D.C.N.Y.) Foreign corporation accepting, filling, and receiving pay for orders through agents in state, held to be maintaining "place of business in state," authorizing service of process on agents.-Davis v. Motive Parts Corporation, 16 F. (2d) 148.

COSTS.

VII. ON APPEAL OR ERROR, AND ON NEW TRIAL OR MOTION THEREFOR.

234 (U.S.C.C.A.Ark.) Modification of decree held not to relieve appellant from payment of costs of appeal.-Drainage Dist. No. 7 of Poinsett County, Ark., v. Sternberg, 16 F. (2d) 598.

260 (4) (U.S.C.C.A.Tex.) There being no merit in assignments, and no personal appearance on hearing, writ will be treated for delay, and damages awarded (Circuit Court of Appeals rule 30; Comp. St. § 1671).-Myers v. Velasquez, 16 F. (2d) 111.

Porto

risdiction of suit to review decision of state administrative body, amount and residence existing. Associated Industrial Ins. Co. v. Ellis, 262(1) 16 F.(2d) 464. (U. S. C. C. A. Porto Rico) Rican acts imposing excise taxes and authorizing suits for recovery held to afford but doubtful legal remedy, and to involve multiplicity of suits, as affecting equitable jurisdiction of suit to enjoin collection (Acts Porto Rico 1923, No. 68; Acts 1925, No. 84; Acts 1924, No. 9).Porto Rico Tax Appeals, 16 F. (2d) 545; Insular Motor Corporation v. Gallardo, Id.

262(2) (U.S.D.C.Pa.) Remedy at law to preclude jurisdiction of federal court of equity must be remedy on law side of federal court. -Wrigley Pharmaceutical Co. v. Cameron, 16 F.(2d) 290.

262 (4) (U.S..C. C. A. Porto Rico) Unless there is no other remedy, federal court will not interfere by injunction with collection of taxes by state.-Porto Rico Tax Appeals, 16 F. (2d) 545; Insular Motor Corporation v. Gallardo, Id.

262(4) (U.S.D.C.Pa.) Citizens of another state held entitled to maintain action in equity to restrain state officers from enforcing law. Wrigley Pharmaceutical Co. v. Cameron, 16 F. (2d) 290.

263 (U.S.C.C.A.Ohio) Federal court may base its decision on nonfederal grounds, and leave federal questions, on which its jurisdiction was invoked, undecided. City of Dayton, Ohio, v. City Ry. Co., 16 F. (2d) 401.

264 (3) (U.S.C.C.A.W.Va.) Federal court having possession of property by receivers has ancillary jurisdiction to foreclose mortgage thereon.-Union Trust Co. of Pittsburgh, Pa., v. Jones, 16 F.(2d) 236.

269 (U.S.C.C.A.N.Y.) Shares of stock have situs in state where they are and where corporation does business, for purposes of statute (Judicial Code, § 57 [Comp. St. § 1039]).--Norrie v. Lohman, 16 F. (2d) 355.

zen, within statutes conferring jurisdiction for diversity of citizenship.-Utah Const. Co. v. State Highway Commission of Wyoming, 16 F. (2d) 322.

Federal court held without jurisdiction of an action in which a state was in effect defendant, on the ground of diversity of citizenship. -Id.

308 (U.S.C.C.A.Tex.) Diversity of citizenship held lacking for federal. jurisdiction of partition suit between widow and other heirs, some citizens of same state as she.-Kendrick v. Kendrick, 16 F. (2d) 744.

310 (U.S.C.C.A.Ariz.) Plaintiff, by omitting necessary and indispensable party, whose presence would defeat jurisdiction, cannot avoid jurisdictional objections.-Woods v. First Nat. Bank, 16 F. (2d) 856.

279 (U.S.C.C.A.Va.) Constitutional question relied on for jurisdictional purposes must appear from plaintiff's own statements.Lynchburg Traction & Light Co. V. City of Lynchburg, 16 F.(2d) 763.

(B) Jurisdiction Dependent on Nature of Subject-Matter.

282(1) (U.S.C.C.A.Ohio) Mere invalidity of state law or city ordinance, due to defective adoption, and not lack of power, does not defeat federal court's jurisdiction; "law of the state" (Const. art. 1, § 10, and Amend. 14).— City of Dayton, Ohio, v. City Ry. Co., 16 F. (2d) 401.

282(2) (U.S.C.C.A.Ohio) Federal court has jurisdiction of case involving good-faith claims of impairing obligation of contract (Const. art. 1, § 10, and Amend. 4).-City of Dayton, Ohio, v. City Ry. Co., 16 F. (2d) 401.

282(3) (U.S.C.C.A.Ohio) Federal court has jurisdiction of case involving good-faith claims of denial of due process (Const. art. 1, § 10, and Amend. 14).-City of Dayton, Ohio, v. City Ry. Co., 16 F. (2d) 401.

285 (U.S.C.C.A.Wash.) Suit based on alleged mistake in canceling entry of public land held not to involve federal law, justifying federal court's jurisdiction.-Wilson v. Robinson, 16 F.(2d) 431, followed in 16 F. (2d) 432 and Lauridsen v. Alexander, 16 F. (2d) 432.

299 (U.S.C.C.A.Wash.) Pleadings must affirmatively show that controversy involves federal law, in order to justify federal court's jurisdiction on that ground.-Wilson v. Robinson, 16 F.(2d) 431, followed in 16 F. (2d) 432 and Lauridsen v. Alexander, 16 F. (2d) 432.

(C) Jurisdiction Dependent on Citizenship, Residence, or Character of Parties.

303 (2) (U.S.D.C.Pa.) Federal court has jurisdiction of suit by citizen of one state to enjoin officers of other state from enforcing unconstitutional law (Const. Amend. 11).Wrigley Pharmaceutical Co. v. Cameron, 16 F. (2d) 290.

Citizens of another state may sue state officers to enjoin unconstitutional law or illegal application thereof (Const. Amend. 11).—Id.

303 (2) (U.S.D.C.Wyo.) Suit against a state agency held one against the state of which a federal court was without jurisdiction (Const. Amend. 11).-Fidelity & Deposit Co. of Maryland v. Trustees of University of Wyoming, 16 F. (2d) 150.

307(1) (U.S.D.C.Pa.) Claimants under bond held adverse, authorizing federal court jurisdiction on sureties' bill of interpleader, showing claimants are citizens of different states (Act Cong. May 8, 1926 [44 Stat. 416]).-Fidelity & Deposit Co. of Maryland v. A. S. Reid & Co., 16 F. (2d) 502.

16 F. (2d)-66

for diversity of citizenship held not to appear in record showing disclaimer by resident defendant, but no order eliminating it from controversy.-Equitable Life Assur. Soc. of U. S. v. Rayl, 16 F. (2d) 68.

310 (U.S.C.C.A.Tex.) Holder of mortgage existing at time of land sale held not necessary party to suit to enforce vendor's equitable rights.-Drumright v. Texas Sugarland Co., 16 F. (2d) 657.

314 (U.S.C.C.A.La.) Suit to enjoin trespass on lands of foreign corporation, organized by local citizens, held within jurisdiction of federal courts.-Venice Hunting & Trapping Co. v. Salinovich, 16 F. (2d) 121.

316 (U.S.C.C.A.Tex.) Federal court cannot by intervention be given jurisdiction to grant relief, which it would not have had if sought in original suit.-Kendrick v. Kendrick, 16 F.(2d) 744.

316 (U.S.D.C.N.Y.) Licensee's payment to owner for joining as party plaintiff in copyright infringement suit held not collusion.-Stephens v. Howells Sales Co., 16 F. (2d) 805.

318 (U.S.C.C.A.Tex.) Bill may be dismissed as to plaintiff, not indispensable party, to permit federal court to retain jurisdiction for diverse citizenship.-Drumright v. Texas Sugarland Co., 16 F. (2d) 657.

322 (2) (U.S.C.C.A.Ariz.) Under Judicial Code, 24 (Comp. St. § 991), allegation that plaintiff's assignor of chose in action was a corporation of certain county of state held insufficient to show requisite diversity of citizenship.-Woods v. First Nat. Bank, 16 F. (2d) 856.

If, under state law, devisees of deceased mortgagor are necessary parties to foreclosure suit, complaint's failure to show citizenship of one of devisees would be fatal to federal court's jurisdiction.-Id.

323 (U.S.C.C.A.Ariz.) Assignee of chose in action. invoking federal court's jurisdiction on ground of diversity, must affirmatively show requisite diversity, and, on failure to do so, court must declare lack of jurisdiction on its own motion (Judicial Code, §§ 24, 274c [Comp. St. §§ 991, 1251c]).-Woods v. First Nat. Bank, 16 F. (2d) 856.

If complaint by assignee of chose of action under Judicial Code, § 24 (Comp. St. § 991), does not allege necessary jurisdictional facts by reason of diversity of citizenship, burden is not shifted to defendant to show negatively that jurisdiction does not exist.-Id.

(D) Jurisdiction Dependent on Amount or Value in Controversy.

328(2) (U.S.C.C.A.S.D.) Suit to compel accounting by guardian and to annul alleged fraudulent mortgages held to involve jurisdictional amount.-Schindler v. Spackman, 16 F. (2d) 45.

In suit to compel accounting by guardian and to cancel mortgages, amount by which estate was depleted determines jurisdictional amount. -Id.

328 (3) (U.S.C.C.A.Cal.) In taxpayer's suit to enjoin creation of municipal indebtedness, federal jurisdiction is determined by amount involved, which complainant would be required to pay.-Pine v. East Bay Municipal Utility Dist., 16 F. (2d) 274.

328(3) (U.S.C.C.A.Porto Rico) Suit to enjoin review by auditor of Porto Rico of plaintiff's income tax held to involve jurisdictional amount of $3,000.-Fajardo Sugar Co. of Porto Rico v. Holcomb, 16 F. (2d) 92.

328(9) (U.S.C.C.A.Mass.) Action between citizens of different states to recover insurance premiums, amounting to $3,000 only by computing interest, held not within jurisdiction of federal court (Judicial Code, § 24, subd. 1 [Comp. St. § 991]).-Security Mut. Life Ins. Co. v. Harwood, 16 F. (2d) 250.

329 (U.S.C.C.A.Tex.) Bill held not to show suit, as one to enforce only plaintiff's rights, involved amount necessary for federal court jurisdiction.-Kendrick v. Kendrick, 16 F.(2d)

744.

V.

Court properly reinstated temporary injunc tion on granting motion to vacate dismissal of cause (equity rule 57).-Id.

Court, in vacating dismissal and reinstating preliminary injunction, properly imposed condition that injunction be suspended between dates of dismissal and reinstatement (equity rule 57).—Id.

Objection that no new bond was given on reinstating preliminary injunction held without merit, where surety filed consent (equity rule 57).-Id.

352 (U.S.C.C.A.N.Y.) Purpose of rule relating to continuance beyond term is to prevent continuance from term to term by mere consent of parties (equity rule 57).-Maison Dorin Société Anonyme v. Arnold, 16 F. (2d) 977.

356 (U.S.C.C.A.Ariz.) Certiorari for diminution of record will not be allowed to correct defect questioned in lower court (equity rule 75).-Woods v. First Nat. Bank, 16 F. (2d) 856.

356 (U.S.C.C.III.) Trial court has no power to direct that all testimony in case be reproduced in record on appeal in exact words of witnesses (equity rule 75).-Barber Asphalt Paving Co. v. Standard Asphalt & Rubber Co., 16 F. (2d) 751.

Evidence in statement on appeal must be condensed and stated in narrative form, except as to part directed to be reproduced in exact words of witnesses (equity rule 75).-Id.

Decree will be affirmed where errors assigned necessitate consideration of evidence printed verbatim in voluminous record (equity rules 75, 76).-Id.

342 (U.S.C.C.A.N.Y.) Proceedings under statute to establish rights in property held quasi in rem (Judicial Code, $ 57 [Comp. St. § 1039]).-Norrie v. Lohman, 16 F. (2d) 355.

342 (U.S.C.C.A.Tenn.) Action by guardian of illegitimate son of deceased soldier on war risk insurance policy, in which widow and legitimate children intervened, held properly cognizable in equity.-State Bank & Trust Co. v. U. S., 16 F. (2d) 439.

343 (U.S.C.C.A.W.Va.) Intervener cannot seek aid of court and at same time attack jurisdiction (equity rule 37).-Union Trust Co. of Pittsburgh, Pa., v. Jones, 16 F. (2d) 236.

344 (U.S.D.C.Mich.) State law relative to service of process on foreign corporation held rot conclusive on federal courts in determining jurisdiction (Comp. Laws Mich. 1915, § 12434).-Kulaszewicz v. Geo. Kilgen & Son, 16 F.(2d) 940.

347 (U.S.C.C.A.Alaska) A bill of particulars may not be used in the federal courts for the purpose of obtaining evidence (Comp. St. § 1468). Alaska S. S. Co. v. Katzeek, 16 F. (2d) 210.

347 (U.S.C.C.A.III.) Amended bill, which was rearranged copy of original bill, dismissed as being vague and uncertain, held properly dismissed (equity rule 25).-Anastasopoulos v. Steger & Sons Piano Mfg. Co., 16 F.(2d) 32.

347 (U.S.G.C.A.S.D.) Motion to dismiss performs office of demurrer under equity rules. -Schindler v. Spackman, 16 F. (2d) 45.

not regulated the subject of costs, federal courts will follow the state courts on the subject (Comp. St. § 1538).-National Surety Co. v. Lyons, 16 F. (2d) 688.

(F) State Laws as Rules of Decision.

360 (U.S.C.C.A.Or.) State court's construction of will as relating to trust property within state where testator had been domiciled held binding on federal court.-Sutherland v. Selling, 16 F. (2d) 865.

365 (U.S.D.C.Wyo.) Federal court held not bound by state decision on question of its own jurisdiction (Const. Amend. 11).-Fidelity & Deposit Co. of Maryland v. Trustees of University of Wyoming, 16 F. (2d) 150.

371(6) (App.D.C.) Federal courts will determine validity of tax or special assessment only when violation of federal Constitution is charged. Johnson v. Rudolph, 16 F.(2d) 525. whether paper discounted at national bank be372(1) (U.S.D.C.N.C.) In determining comes property of bank, federal courts apply rules of federal and not of state courts.-Bryant v. Williams, 16 F. (2d) 159.

separable

374 (U.S.D.C.Cal.) Whether cause of action is shown depends on law of state where negligence occurred.-Stephens v. Southern Pac. Co., 16 F. (2d) 288.

375 (U.S.C.C.A.Miss.) Liability of stockholder in insolvent national bank or his executor is subject to state limitations, in absence of federal law (Rev. St. §§ 721, 5151, 5152, 5234 [Comp. St. §§ 1538, 9690, 9821]).-Mann v. Kleisdorff, 16 F. (2d) 997.

(U.S.C.C.A.S.D.)

Where manifest wrong will result, federal courts of equity will not follow state statute of limitations.-Schindler v. Spackman, 16 F. (2d) 45.

Notice of motion to vacate order dismissing cause held properly served on plaintiff's solicitors (equity rule 57).-Id.

(H) Circuit Courts of Appeals.

allowance of appeal, court will only consider whether mandamus should be granted in aid of its appellate jurisdiction.-Muma v. Bodine, 16 F. (2d) 463.