Receiver's

suit

III. PARTIES,

OF

45 (U.S.C.C.A.Ark.) to wind up affairs of corporation held not abated by decree directing return of property to corporation.-Gibson v. Vinton, 21 F. (2d) 168.

V. DEATH OF PARTY AND REVIVAL OF ACTION.

(A) Abatement or Survival of Action.

55(3) (U.S.D.C.N.Y.) Right of action against bank director for false reports of resources survives against defendant's personal representatives (National Banking Act [12 USCA §§ 93, 161]; Decedent Estate Law N. Y. § 120).-Benton v. Deininger, 21 F. (2d) 659.

ACKNOWLEDGMENT.

II. TAKING AND CERTIFICATE. 482 [New, 1927 Current Digest]

(U.S.D.C.N.Y.) Statute relating to false acknowledgment or statement in matters affecting government held to apply to reports of transactions of permittee under Prohibition Act (27 USCA; Cr. Code, § 31 [18 USCA § 75]). -U. S. v. Carman, 21 F. (2d) 571.

Criminal statute held not to apply to oath or acknowledgment to document not required by law to be verified by oath.-Id.

ACTION.

III. JOINDER, SPLITTING, CONSOLIDATION, AND SEVERANCE.

50(9) (U.S.D.C.N.Y.) Complaint for damages for bank directors' false reports as to resources stating 57 causes of action held not objectionable as multifarious (National Bank Act [12 USCA §§ 93, 161]).-Benton v. Deininger, 21 F. (2d) 657.

ADMIRALTY.

I. JURISDICTION.

15 (U.S.D.C.Md.) Mortgage is not for admiralty jurisdiction, though on a ship.-The Ocean View, 21 F. (2d) 875.

18 (U.S.D.C.Wash.) Municipal fire marshal's refusal to permit persons to board dance hall barge held not "marine tort."-Ringler v. Laing, 21 F.(2d) 794.

II. REMEDIES IN PERSONAM AND IN REM.

PROCESS,

CLAIMS, AND STIPULATIONS OR OTHER SECURITY. 43 (U.S.D.C.La.) Court having custody of vessel may issue process for its seizure in an independent suit by another libelant.-The Pelotas, 21 F. (2d) 236.

50 (U.S.D.C.N.Y.) Cargo owner may intervene in shipowner's libel in personam against United States as owner of dredge for damages from collision (Public Vessels Act of 1925 [46 USCA §§ 781-790]; Suits in Admiralty Act [46 USCA § 743]).-A. H. Bull S. S. Co. v. U. S., 21 F. (2d) 835.

64 (U.S.D.C.N.Y.) Interrogatories requiring respondents to state ownership of lighters into which damaged sheepskins were unloaded, description, and dates of unloading held proper.— The Santa Teresa, 21 F. (2d) 77.

64 (U.S.D.C.N.Y.) Answering claimant, in suit for limitation of liability, may propound interrogatories, to be answered by petitioner.The Santiago, 21 F.(2d) 78.

Interrogatories may properly require further particulars of adversary's case.-Id.

72 (U.S.D.C.Conn.) Motions to quash or strike out libel are unknown in admiralty.-In re Thames Towboat Co., 21 F. (2d) 573.

VI. HEARING OR TRIAL, AND
DECISION.

78 (U.S.D.C.Conn.) Motions to remove suit are unknown in admiralty.-In re Thames Towboat Co., 21 F. (2d) 573.

ALIENS.

II. EXCLUSION OR EXPULSION. 32 (6) (U.S.C.C.A.Mass.) Immigration records, showing native-born citizen had previously testified that applicant seeking admission as natural son was adopted son, held admissible as affirmative proof.-Moy Said Ching v. Tillinghast, 21 F. (2d) 810.

Immigration officials, on application for admission, may determine questions on any credible evidence, regardless whether it is legal proof.-Id.

32 (8) (U.S.C.C.A.Mass.) Determination of immigration tribunals that applicant did not make out claim of being son of citizen held warranted by evidence.-Wong Heung ex rel. Wong Yut Din v. Johnson, 21 F.(2d) 826.

32(8) (U.S.C.C.A.Mass.) Evidence held to support decision of Board of Special Inquiry denying admission to applicant.-Wong Wey v. Johnson, 21 F. (2d) 963.

21 F. (2d)-65

Heung ex rel. Wong Yut Din v. Johnson, 21 F. (2d) 826.

32(13) (U.S.D.C.N.Y.) Certiorari will not issue to review order of Secretary of Labor for deportation of alien to one country rather than another. In re Ban, 21 F. (2d) 1009.

III. IMMIGRATION.

46 (U.S.D.C.N.Y.) Immigration rules, establishing conditions to re-entry of domiciled aliens after temporary visit abroad, held valid (Immigration Act 1924, being 8 USCA §§ 210 [f], 213[b]).-U. S. ex rel. Timpano v. Day, 21 F.(2d) 852.

Secretary of Labor under conditions stated, held to have discretionary power to extend permit to re-entry of resident alien, after temporary visit abroad.-Id.

512 (U.S.C.C.A.N.Y.) "Temporary," in phrase "returning from a temporary visit," in definition of nonquota immigrant, held to mean more than mere retention of domicile (Immigration Act 1924. § 10, and 8 4 [b] [8 USCA 88 204, 210]).-U. S. ex rel. Lesto v. Day, 21

F. (2d) 307.

53 (U.S.C.C.A.Cal.) Where alien entered by land at place other than port of entry, deportation was proper, although he previously resided in United States (Immigration Act 1917, § 19 [8 USCA § 155]).-Morini v. U. S., 21 F. (2d)

1004.

53 (U.S.D.C.N.Y.) Alien sentenced for crime within five years after entry held subject to deportation (Immigration Act, § 19 [8 USCA § 1551).-U. S. ex rel. Gogoyewicz v. Flynn, 21 F. (2d) 590.

53 (U.S.D.C.N.Y.) Alien seaman, who fails to reship and engages in other employment, loses status as seaman under Immigration Act (Immigration Act 1917, § 34 [8 USCA § 166]). U. S. ex rel. De Visser v. Flynn, 21 F. (2d) 695.

54(7) (U.S.C.C.A.N.Y.) Immigrant seeking admission as returning from temporary visit abroad has burden of proof (Immigration Act 1924, § 23 [8 USCA § 221]; Immigration Rules July 1, 1925, rule 3, subd. 1).-U. S. ex rel. Lesto v. Day, 21 F. (2d) 307.

54(10) (U.S.D.C.Ala.) Department rule 11, denying counsel before board of special inquiry to alien seeking admission, held invalid.-Miers v. Brownlow, 21 F. (2d) 376.

54(14) (U.S.D.C.Ala.) Unless record show some evidence warranting exclusion of one claiming American nativity, hearing must be regarded as unfair.-Miers v. Brownlow, 21 F. (2d) 376.

54(16) (U.S.C.C.A.N.Y.) Court may not upset administrative actions of immigration officials, if there was fair investigation, no manifest abuse of discretion, and no error of law. -U. S. ex rel. Lesto v. Day, 21 F. (2d) 307.

54(17) (U.S.C.C.A.N.Y.) Board's finding that immigrants were not immigrants returning from a temporary visit abroad held not so unreasonable as to warrant judicial interference.-U. S. ex rel. Lesto v. Day, 21 F.(2d) 307.

Return permit to alien departing temporarily is at best only prima facie evidence of status on return (Immigration Act 1924, § 10 [f], being 8 USCA § 210; Immigration Rules July 1, 1925, rule 3, subd. 1, par. 2).—Id.

IV. NATURALIZATION.

61 (U.S.D.C.Cal.) Person of part Chinese blood held not free "white person," entitled to naturalization (8 USCA § 359).—In re Fisher, 21 F.(2d) 1007.

61 (U.S.D.C.N.Y.) Citizenship can be conferred only upon those who possess statutory qualifications.-Petition of MacKinnon, 21 F. (2d) 445.

62(3) (U.S.D.C.Mich.) Petitioner, working within judicial district for four years, while

family resided elsewhere, held not "resident," within naturalization requirements (Naturalization Act, § 3_[8 USCA § 357]).—In re Matczak, 21 F. (2d) 876.

62(3) (U.S.D.C.N.Y.) Alien held not to have established continuous residence, which entitled him to naturalization.-Petition of Covelli, 21 F. (2d) 432.

62 (4) (U.S.D.C.Mich.) Court may require applicant for naturalization to display some ability to read English (Naturalization Act [8 USCA $$ 381, 382]).-Petition of Katz, 21 F. (2d) 867.

62(5) (U.S.D.C.Mich.) Alien, who was nev tion of intention as basis for naturalization.— er legally admitted cannot make valid declaraPetition of Reader. 21 F.(2d) 877.

62 (5) (U.S.D.C.Mich Declaration of intention as basis for naturalization can be made

only by legal resident of United States.-Petition of Longo, 21 F. (2d) 968.

65 (U.S.D.C.Or.) Army service obviates necessity of proving five years' residence as 1906, § 4, subd. 7, as amended by Act May 9, condition to naturalization (Naturalization Act 1918, §§ 1-3 [Comp. St. § 4352).-In re Richardson, 21 F.(2d) 181.

66 (U.S.D.C.N.Y.) Service on foreign vessels held not "residence" within meaning of naturalization law, although petitioner's family lived in United States during such period (Naturalization Act 1906, § 4, subd. 7, as amended by Act May 9, 1918, § 1 [Comp. St. § 4352]). -Petition of MacKinnon, 21 F.(2d) 445.

Naturalization law as amended, relative to service on foreign vessels, is declaratory of preexisting law (Naturalization Act of 1906, § 4, subd. 7, as amended by Act May 9, 1918, § 1 [Comp. St. § 4352]).-Id.

67 (U.S.D.C.Mich.) Petition for naturalization of one residing in Northern division of district may properly be filed, heard, and determined in Southern division (U. S. Code, tit. 28, $114; 8 USCA § 357).-In re Stasinopulos, 21 F. (2d) 71.

68 (1) (U.S.C.C.A.Wis.) Aliens have no vested right to citizenship, or right to proceed to become citizens, except under statute.-U. S. Maney. 21 F. (2d) 28, vacating decree (D. C.) 13 F. (2d) 662.

68(1) (U.S.D.C.Mich.) Naturalization proceedings are judicial, not administrative; petitioner and government both being parties.-In re Stasinopulos, 21 F. (2d) 71.

68(3) (U.S.C.C.A.Wis.) Statute requiring certificate of arrival to be filed at time of filing petition for naturalization held mandatory (Naturalization Act, § 4. par. 2 [Comp. St. § 4352]).-U. S. v. Maney, 21 F. (2d) 28, vacating decree (D. C.) 13 F.(2d) 662.

Failure to file certificate of arrival with petinaturalization certificate (Naturalization Act, § tion for naturalization requires cancellation of 4. par. 2 [Comp. St. § 43521).—Id.

68(3) (U.S.D.C.Mich.) Certificate filed with petition for naturalization must show legal entry of petitioner into United States (Naturalization Act [8 USCA § 380]).—In re Demanis, 21 F. (2d) 876.

68(6) (U.S.D.C.N.Y.) Judgment on petition for naturalization is entitled to full faith and credit except as affected by authority to petition for cancellation for fraud (Naturalization Act [8 USCA § 405]).-U. S. v. Hirschhorn, 21 F. (2d) 758.

Jurisdiction in issuing naturalization certificate, supported by evidence, will be resolved in favor of applicant, on attack in proceedings for cancellation (Naturalization Act [8 USCA § 405]).—Id.

certifi

71 (U.S.D.C.N.Y.) Naturalization cate held not illegally procured because secured in county within district different from that of applicant's residence (Naturalization Act [8

1027

AMBASSADORS AND CONSULS.

(U.S.C.C.A.N.Y.) Proof that alleged diplomatic agent represents certain foreign state depends on recognition by political department of United States government.-Lehigh Valley R. Co. v. State of Russia, 21 F. (2d) 396.

8 (U.S.C.C.A.N.Y.) Financial attaché of Russian embassy under provisional Russian government, recognized by State Department as custodian of property of Russian government, held authorized to continue suits begun by provisional Government.-Lehigh Valley R. Co. v. State of Russia, 21 F. (2d) 396.

Diplomatic agents of one state may maintain actions in another for their state, while they are recognized as its representatives.--Id.

APPEAL AND ERROR.

III. DECISIONS REVIEWABLE. (D) Finality of Determination. 78(2) (U.S.D.C.III.) Order quashing service of summons in patent infringement suit for lack of jurisdiction is "final and appealable" (Judicial Code. § 48 [Comp. St. § 1030]).—Zimmers v. Dodge Bros., 21 F. (2d) 152.

V. PRESENTATION AND RESERVATION
IN LOWER COURT OF GROUNDS
OF REVIEW.

(A) Issues and Questions in Lower Court. 169 (U.S.C.C.A.Mo.) Circuit Court of Appeals will only review rulings on questions presented in lower court.-Weinstein v. Laughlin, 21 F.(2d) 740.

(B) Objections and Motions, and Rulings

Thereon.

XVI. REVIEW.

(A) Scope and Extent in General,

839(1) (U.S.D.C.N.Y.) Affirmance or reversal may be on issues not passed on below. -Wenborne-Karpen Dryer Co. v. Cutler Dry Kiln Co., 21 F. (2d) 692, denying rehearing in 285 F. 73.

850 (2) (U.S.C.C.A.Cal.) Appellate court may review evidence, where plaintiff seasonably presented motion for judgment and special findings, jury having been waived in writing.-Sartoris v. Utah Const. Co., 21 F.(2d) 1.

(C) Parties Entitled to Allege Error. 882(3) (U.S.C.C.A.Cal.) On appeal, party is bound by his construction of pleading in lower court and theory on which he submitted cause or defense.-Rees v. Lombard, 21 F. (2d) 276. (E) Presumptions.

931(1). (U.S.C.C.A.Ark.) Trial court's conclusions on fact issues in equity suit are presumptively correct, and will be disturbed only for clear and palpable mistake.-Lion Oil Refining Co. v. Albritton, 21 F. (2d) 280.

evidence 932(1) (U.S.C.C.A.N.Y.) Where justified amount of verdict for failure to deliver goods, it could not be presumed jury erroneously included deteriorated goods at exces sive value.-Barrett v. Fournial, 21 F. (2d) 298.

(G) Questions of Fact, Verdicts, and Findings.

1003 (U.S.C.C.A.N.Y.) Jury's verdict will not be disturbed on weight of evidence.-Lehigh Valley R. Co. v. State of Russia, 21 F. (2d) 406. 1009 (1) (U.S.C.C.A.Ark.) Trial court's conclusions on fact issues in equity suit are presumptively correct, and will be disturbed only for clear and palpable mistake.-Lion Oil Refining Co. v. Albritton, 21 F. (2d) 280. 1010(1) (U.S.C.C.A.Iowa) Findings will not be disturbed unless contrary to or unsupported by evidence or based on mistake or erroneous conclusion of law.-Majestic Co. v. Or pheum Circuit, 21 F. (2d) 720.

(H) Harmless Error.

uous

(C) Exceptions.

of

verdict as to amount of damages ought not be subject of complaint by party against whom damages were assessed.-Weinstein v. Laughlin, 21 F. (2d) 740.

VIII. EFFECT OF TRANSFER OF CAUSE
OR PROCEEDINGS THEREFOR.
(B) Jurisdiction Acquired by Appellate
Court.

456 (U.S.D.C.La.) Complainant held not entitled to an injunction pending appeal.-New York Life Ins. Co. v. Marshall, 21 F.(2d) 172. X. RECORD AND PROCEEDINGS NOT IN

RECORD.

(1) Defects, Objections, Amendment, and Correction.

635 (1) (U.S.C.C.A.N.Y.) Under incomplete record, mortgagee pursuing proceeds of property sold free of liens, will not be thrown out of court for failure affirmatively to show discharge of mortgage.-Seaboard Nat. Bank v. Rogers Milk Products Co., 21 F.(2d) 414.

XIII. DISMISSAL, WITHDRAWAL, OR

ABANDONMENT.

781(4) (U.S.C.C.A.) Appeal held properly denied when delay had rendered question moot. -City of Boulder v. Lewis, 21 F.(2d) 910.

or tender repayment of consideration for releases of personal injury claim before suing held immaterial, where decree provided for cancellation of releases on repayment or tender.Lion Oil Refining Co. v. Albritton, 21 F. (2d) 280.

1052(5) (U.S.C.C.A.N.Y.) Admitting parol evidence, if error, held harmless, where, under interpretation placed on contract, result would be same, even if it should be disregarded.— Morris & Co. v. Kerr S. S. Co., 21 F. (2d) 292.

XVII. DETERMINATION AND DISPO-
SITION OF CAUSE.

APPEARANCE.

12 (U.S.D.C.Ohio) Effect of general appearance is limited to subject-matter to which defendant appears.-Durabilt Steel Locker Co. v. Berger Mfg. Co., 21 F. (2d) 139.

22 (U.S.D.C.Ohio) Waiver by appearance is always a matter of intention.-Durabilt Steel Locker Co. v. Berger Mfg. Co., 21 F. (2d) 139.

ARBITRATION AND AWARD.

1. SUBMISSION.

16(4) (U.S.C.C.A.Minn.) In absence of provision for filling vacancies, death of one arbitrator named in agreement and incapacity of

other revoked submission.-Backus-Brooks Co. v. Northern Pac. Ry. Co., 21 F. (2d) 4.

ARMY AND NAVY.

511⁄2 (U.S.D.C.Cal.) Action to determine rights under war risk insurance contract may be legal or equitable (World War Veterans' Act, 19, as amended by Act March 4, 1925, § 2 [Comp. St. § 91272-19]).-Conklin v. U. S., 21 F. (2d) 141.

Wife of soldier named as beneficiary of his war risk insurance loses her right by obtaining divorce (War Risk Insurance Act, § 402, as amended by Act Aug. 9, 1921, § 23 [Comp. St. $514uuu]; Rev. St. Kan. 60-1512, 60-1514). -Id.

Retroactive statute cannot revive status, as permitted beneficiary, of wife of insured who obtained divorce prior to its enactment (War Risk Insurance Act. § 402, as amended by Act Aug. 9, 1921, § 23 [Comp. St. § 514uuu]).-Id. Evidence held insufficient to warrant reformation of war risk insurance on ground of change of beneficiary (War Risk Insurance Act [Comp. St. § 514a, et seq.1).-Id.

511⁄2 (U.S.D.C.Minn.) Where soldier lapsed government insurance while suffering compensable injury, then died, beneficiary was entitled to amount of insurance undischarged compensation would purchase.-Hegg v. U. S., 21 F. (2d) 622.

Revival of lapsed insurance is automatic, when events described in statute have occurred (World War Veterans' Act, § 305, as amended by Act July 2, 1926, § 16 [38 USCA § 516]). -Id.

Death of soldier, who was suffering compensable injury and lapsed his insurance, revived policy as of date of death (World War Veterans' Act, § 305, as amended by Act July 2, 1926, § 16 [38 USCA § 516]).-Id.

Soldier compensable under disability provisions is entitled to compensation, even though not claimed (World War Veterans' Act, § 200 [38 USCA § 471]).—Id.

ASSIGNMENTS.

I. REQUISITES AND VALIDITY.
(A) Property, Estates, and Rights
Assignable.

18 (U.S.C.C.A. Wash.) Generally all contracts are assignable except where contract is for personal service or involves relations of personal confidence.-Panhandle, Lumber Co. v. Mackay, 21 F. (2d) 916.

Logging contract, requiring employment of workmen, and under which no credit was extended to contractor, held assignable.-Id.

III. RIGHTS AND LIABILITIES OF PARTIES.

14(1) (U.S.C.C.A.N.Y.) Company employing inexperienced workman to assist in use of acetylene torch held responsible for fire under contract indemnifying shipowner for preventable damage. Olsen Water & Towing Co. v. U. S., 21 F. (2d) 304.

That government inspectors approved torchbucket method in repairing United States ship held not to excuse dockyards company for negligence of inexperienced employee.-Id.

14(1) (U.S.D.C.Va.) Shipyard held liable for damage by fire of vessel in its plant under Shipbuilding & Dry Dock Co., 21 F. (2d) 112. contract for repairs.-U. S. v. Newport News

Provision in contract under which vessel was delivered to shipyard for repairs that owner would continue its insurance held not to exonerate contractor from liability for failure to perform conditions of contract or for negligence. Id.

23 (U.S.D.C.Va.) Shipyard receiving vessel for repairs must redeliver in accordance with contract or show that failure was not due building & Dry Dock Co., 21 F.(2d) 112 to its negligence.-U. S. v. Newport News Ship

31 (3) (U.S.C.C.A.N.Y.) Evidence held not to show amount of oil in bilges required notice -Olsen Water & Towing Co. v. U. S., 21 F. to company repairing ship with acetylene torch. (2d) 304.

BANKRUPTCY.

II. PETITION, ADJUDICATION, WARRANT, AND CUSTODY OF PROPERTY. (A) Jurisdiction and Course of Procedure in General.

courts

II (U.S.C.C.A.S.D.) Bankruptcy and referees are courts of equity, and their decisions are governed by principles of equity. Larson v. First State Bank of Vienna, S. D., 21 F. (2d) 936.

20(1) (U.S.D.C.La.) Federal jurisprudence respecting insolvents is exclusive (Bankruptcy Act [11 USCA]).-In re Hagin, 21 F. (2d) 434.

20(2) (U.S.C.C.A.Ga.) Refusal to require state court receiver to surrender to bankruptcy trustee property covered by liens to its full value held proper.-In re Gallimore, 21 F. (2d) 999, affirming decree (D. C.) 16 F.(2d) 800.

(D) Warrant and Custody of Property. 114(1) (U.S.D.C.N.Y.) Receiver should obtain instructions before incurring large traveling expenses.-In re Benjamin Kaufman, Inc., 21 F.(2d) 799.

III. ASSIGNMENT, ADMINISTRATION, AND DISTRIBUTION OF BANKRUPT'S ESTATE. (B) Assignment, and Title, Rights, and Remedies of Trustee in General.

136(4) (U.S.D.C.La.) It should be presumed that bankrupt will turn over to trustee property in his possession or control on order to that effect being made.-Walnut Creek Milling Co. v. Grain Products Co., 21 F. (2d) 380.

136(6) (U.S.D.C.La.) Adjudication that bankrupt retained assets may be established by preponderance of evidence.-Walnut Creek Milling Co. v. Grain Products Co., 21 F. (2d)

(U.S.D.C.La.) Under referee's findings, turn-over order to bankrupts, where