INDEX-DIGEST KEY NUMBER SYSTEM) THIS IS A KEY-NUMBER INDEX It Supplements the Decennial Digests, the Key-Number Series and 45 (U.S.D.C.Wyo.) Suit against board to enjoin assessment and collection of taxes may be maintained, notwithstanding change in its personnel.-Northside Canal Co. v. State Board of Equalization, 8 F. (2d) 739. V. DEATH OF PARTY AND REVIVAL OF (A) Abatement or Survival of Action. 53 (U.S.C.C.A.Va.) Action against bank held ex contractu, notwithstanding declarations sounded in tort.-Bank of Grottoes v. Brown, 8 F. (2d) 321. ACTION. See Abatement and Revival; Dismissal and 1. GROUNDS AND CONDITIONS PRE CEDENT. 6(U.S.D.C.III.) Questions rights of persons or property controverted in not involving case presented to court will not be decided by court.-Chicago Auditorium Ass'n v. Cramer, 8 F. (2d) 998. 12 (U.S.C.C.A.Neb.) No defense that judgment may be worthless.-Village of Oshkosh v. Fairbanks, Morse & Co., 8 F. (2d) 329. II. NATURE AND FORM. 36 (U.S.C.C.A.Wash.) Action on insurance policy did not become one in equity because of intervention by insured's administrator, or by defendant's answer alleging fraud in procuring insurance.-Hewitt v. Equitable Life Assur. Soc. of the U. S., 8 F. (2d) 706. ADMINISTRATION. See Executors and Administrators. ADMIRALTY. See Collision; Maritime Liens; Salvage; Seamen; Shipping; Towage. II. REMEDIES IN PERSONAM AND IN 26 (U.S.D.C.N.Y.) Suits in Admiralty Act allows suit in personam.-Bashinsky Cotton Co. v. U. S., 8 F. (2d) 79. 26 (U.S.D.C.N.Y.) Suit purely in personam against United States not authorized by Suits in Admiralty Act.-The Cape Fear, 8 F. (2d) 80. 26 (U.S.D.C.N.Y.) Suits in Admiralty Act not limited to suits in nature of in rem.-Agros Corporation v. U. S., 8 F. (2d) 84. 26 (U.S.D.C.N.Y.) Election in libel whether or not to proceed in accordance with prin8 F. (2d)-65 ciples of libel in rem unnecessary.-Cross v. U. S., 8 F. (2d) 86. In case of right in personam against United States, libel in personam authorized.-Id. 26 (U.S.D.C.N.Y.) Where libelant elected to proceed under principles applicable in rem, failure to allege and prove vessel was within territorial jurisdiction of court was fatal.-Willard Sutherland & Co. v. U. S., 8 F. (2d) 358. 26 (U.S.D.C.Tex.) Suit purely in personam against United States authorized, where in personam cause of action.-Markle v. U. S., 8 F. (2d) 87. personam 27 (U. S. D. C. N. Y.) Libel in against government independent of lien.-Cross v. U. S., 8 F. (2d) 86. 27 (U.S.D.C.N.Y.) against United States, in lieu of action in rem Action in personam against government-owned vessel, not maintainable where vessel has been lost.-Villigas v. U. S., 8 F. (2d) 300. 32 (U.S.D.C.N.Y.) Vessel must be in district for proceeding in rem against United States.-Atlantic Fruit Company v. U. S., 8 F. (2d) 81. 34 (U.S.D.C.Fla.) Question of laches determined from facts and circumstances in each case. Pan-American Trading Co. v. Franquiz, 8 F. (2d) 500. Mere lapse of time, without change in status of parties or accrual of intervening rights, will not bar claim.-Id. held not barred by laches.-Id. Libel for breach of contract of affreightment 39 (U.S.D.C.N.Y.) Action in rem against prior action on same cause, wherein bond had vessel held not maintainable after dismissal of been given by claimant.-The Gasconier, 8 F. (2d) 104. III. PARTIES, PROCESS. STIPULATIONS OR OTHER SECURITY. 40 (U.S.D.C.N.Y.) Ship need not be in United States. in case of libel in personam against United States on right in personam.Cross v. U. S., 8 F. (2d) 86. 40 (U.S.D.C.Tex.) Presence United States necessary for suit in nature of of ship in 8 F. (2d) 87. in rem against United States.-Markle v. U. S., Presence of ship in United States necessary for in personam suit against United States. -Id. 57 (U.S.D.C.N.Y.) On execution of bond to release it from lien, in action in rem ship reF. (2d) 104. turns to owner from lien.-The Gasconier, 8 58 (U.S.C.C.A.Md.) Dismissal of original libel, because of libelant's inability to give bond quired.-The City of Beaumont, 8 F. (2d) 599. to meet cross-libelant's demand, held not re (1025) 39 (U.S.C.C.A.Hawaii) Affidavits not equivalent of passport, and government not estopped by representations of consular officers as to right of entry.-Takeyo Koyama v. Burnett, 8 F. (2d) 940. 46 (U.S.C.C.A.Kan.) Native-born citizen, who expatriated himself and became a British subject held subject to removal as an "alien." -Reynolds v. Haskins, 8 F. (2d) 473. 512 [New, vol. 16A Key-No. Series] (U.S.D.C.Mass.) Illiterate alien held not admissible as nonquota immigrant, returning to an unrelinquished domicile of seven years.-Ex parte Domenici, 8 F. (2d) 366. Illiterate alien, by reason of five years residence after landing as seaman held not entitled to readmission as nonquota immigrant.-Id. 53 (U.S.C.C.A.N.Y.) "Practicing prostitution," warranting deportation, not shown by evidence.-U. S. v. Curran, 8 F. (2d) 355. 53 (U.S.C.C.A.Tex.) Statute providing that alien convicted of crime involving moral turpitude shall not be deported when court so recommends held not applicable to alien unlawfully re-entering after deportation.-Rodriguez v. Campbell, 8 F. (2d) 983. 53 (U.S.C.C.A.Wash.) Deportation of alien imprisoned only two months for violation of Narcotic Act held unwarranted.-Weedin Moy Fat. 8 F. (2d) 488. V. 53 (U.S.D.C.N.Y.) That alien is probable public charge is ground for deportation, independent of any constitutional psychopathic inferiority at time of entry.-U. S. v. Commissioner of Immigration at Port of New York, 8 F. (2d) 362. 53 (U.S.D.C.N.Y.) Assault with dangerous weapon and shooting of person is contrary to good morals and proper conduct and justifies deportation of alien under Immigration Act.U. S. v. Smith, 8 F. (2d) 663. Alien incarcerated for one year and six months in state reformatory held definitely "sentenced to imprisonment for a year or more," within Immigration Act, and hence subject to deportation.-Id. 54 (U.S.D.C.N.Y.) Where evidence supports finding of Secretary of Labor as to grounds for deportation, court cannot interfere. U. S. v. Commissioner of Immigration at Port of New York, 8 F. (2d) 362. 56 (U.S.C.C.A.Minn.) Alien unlawfully entering United States in July, 1924, held not subject to criminal liability therefor.-Flora v. Rustad, 8 F. (2d) 335. IV. NATURALIZATION. 60 (U.S.C.C.A.Kan.) Alien cannot acquire citizenship in United States by becoming a resident thereof.-Reynolds v. Haskins, 8 F.(2d) 473. 60 (U.S.D.C.N.Y.) Grant of citizenship is a matter of favor, and not a right.-Petition of Connal, 8 F. (2d) 374. 61 (U.S.D.C.Del.) Alien of either sex may be naturalized before reaching age of 21.Petition of Fortunato, 8 F. (2d) 508. 62 (U.S.D.C.N.Y.) Proof of good moral character necessary qualification for admission to citizenship.-U. S. v. Wexler, 8 F. (2d) 880. One committing adultery within five years before application for naturalization ineligible. -Id. 68 (U.S.D.C.Del.) Minor alien may personally prosecute petition for naturalization.Petition of Fortunato, 8 F. (2d) 508. 68 (U.S.D.C.N.Y.) Certificate of arrival of alien seaman, permitted to land as alien, intending to reship, held insufficient as basis for petition for naturalization.-Petition of Connal, 8 F. (2d) 374. Court can look to certificate of arrival to ascertain whether alien was admitted to this country as a permanent resident.-Id. 68 (U.S.D.C.N.Y.) No appeal in naturalization proceedings.-U. S. v. Wexler, 8 F.(2d) 880. Judgment granting wife divorce on ground of adultery held conclusive evidence of husband's disqualification for citizenship.-Id. 712 (U.S.D.C.N.Y.) State court's action, in overruling objection to petition for naturalization, not exercise of judicial discretion, with which federal court cannot interfere.-U. S. v. Wexler, 8 F. (2d) 880. ANTI-TRUST LAWS. See Monopolies, 12-31. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER charge not contained in record.-Compania L' Union De Paris v. Goldsmith, 8 F.(2d) 134. (L) Matters Not Apparent of Record. 714(4) (U.S.C.C.A.Porto Rico) Alleged error in instructions not reversible, where court's charge not contained in record mere allegation of counsel that certain instructions were given being insufficient.-Compania L'Union De Paris v. Goldsmith, 8 F. (2d) 134. 717 (U.S.C.C.A.Wyo.) Opinion of District Court, while entitled to great consideration, is not finding of fact and is not binding on Circuit Court of Appeals.-J. W. McKim Corporation v. Whelan, 8 F. (2d) 241. XIII. DISMISSAL, WITHDRAWAL, OR ABANDONMENT. 781 (4) (App.D.C.) Appeal in suit to enjoin execution of contract held dismissable, as involving only moot questions after contract had been executed.-Chesapeake Western Ry. v. Jardine, 8 F. (2d) 794. Affirmative relief, notwithstanding execution, pending appeal, of contract sought to be enjoined, held unwarranted.-Id. XVI. REVIEW. (A) Scope and Extent in General. 184 (U.S.C.C.A.Va.) Circuit Court of Appeals can send case back for legal trial, where everybody erroneously supposed that case was triable without a jury.-Crouch v. U. S., 8849(1) (U.S.C.C.A.Va.) Trial and decision F. (2d) 435. 185(1) (U.S.C.C.A.Mo.) Duty of appellate court to search record and raise question of jurisdiction whenever necessary, though not raised in trial court.-Egyptian Novaculite Co. v. Stevenson, 8 F. (2d) 576. 216(1) (U.S.C.C.A.Ala.) Charge on measure of damages held not ground for complaint where defendants requested no charge.-Coast S. S. Co. v. Brady, 8 F. (2d) 16. 237(5) (U.S.C.C.A.Cal.) General assignments to insufficiency of evidence present nothing for review, where there was no request for instructed verdict and no error in instructions pointed out.-Southern Pac Co. v. Johnson, 8 F. (2d) 993. 237(6) (U.S.C.C.A.Idaho) Circuit Court of Appeals held without jurisdiction to consider sufficiency of testimony to support findings not challenged, in case tried before court without jury.-Edwards v. Robinson, 8 F. (2d) 726. (C) Exceptions. 273(11) (U.S.C.C.A.Ala.) Where no separate motion for verdict was made or exceptions taken as to separate counts, assignments of error as to them must fall.-U. S. v. Mobile & O. R. Co., 8 F. (2d) 613. X. RECORD AND PROCEEDINGS NOT IN (I) RECORD. Defects, Objections, Amendment, and 655 (2) (U.S.C.C.A. Wash.) Striking out bill of exceptions for failure to state evidence in narrative form held not warranted.-OregonAmerican Lumber Co. v. Simpson, 8 F. (2d) 946. (K) Questions Presented for Review. 695 (2) (U.S.C.C.A.Ala.) Whether denial of motion for directed verdict as to all counts of complaint was error cannot be determined from bill of exceptions containing evidence only as to two counts.-U. S. v. Mobile & O. R. Co., 8 F. (2d) 613. 696(1) (U.S.C.C.A.Wash.) Where insufficiency of evidence to support verdict is assigned as error, bill of exceptions must show that it contains all the testimony.-OregonAmerican Lumber Co. v. Simpson, 8 F. (2d) 946. 702(1) (U.S.C.C.A.Porto Rico) Alleged error in instructions not reversible, where court's by judge in jury case without written waiver of jury trial not reviewable on appeal.-Crouch v. U. S., 8 F. (2d) 435. (C) Parties Entitled to Allege Error. 878 (4) (U.S.C.C.A.Mass.) Ruling adverse to appellee is not reviewable, in absence of exception thereto, cross-appeal, and assignment of error thereon.-Swig v. Tremont Trust Co., 8 F. (2d) 943. (E) Presumptions. 927 (3) (U.S.C.C.A.Ga.) Plaintiff's testimony assumed to be true on appeal from judgment of nonsuit.-Whitehurst v. Standard Oil Co., 8 F. (2d) 728. 928(1) (U.S.C.C.A.Ala.) Issue presumed to have been properly submitted to jury.Coast S. S. Co. v. Brady, 8 F. (2d) 16. 928(14) (U.S.C.C.A.Ala.) No assumption that trial court will refuse to give proper charges.-Coast S. S. Co. v. Brady, 8 F. (2d) 16. (F) Discretion of Lower Court. 949 (U.S.C.C.A.Idaho) Appellant cannot complain of matters of procedure resting in sound discretion of court.-Federal Reserve Bank of San Francisco v. Idaho Grimm Alfalfa Seed Growers' Ass'n, 8 F. (2d) 922. (G) Questions of Fact, Verdicts, and 1011(1) (U.S.C.C.A.Wash.) Findings on conflicting testimony not disturbed.-Gray & Barash v. Luckenbach S. S. Co., 8 F. (2d) 729. 1022 (1) (U.S.C.C.A.Mich.) Master's findings, concurred in by District Court, not disturbed, except for plain mistake.-Dickinson v. O. & W. Thum Co., 8 F. (2d) 570. (H) Harmless Error. 1033 (4) (U.S.C.C.A.N.Y.) Submission to jury of waiver of defaults in delivery by correspondence and other conduct of buyer held too favorable to latter.-Christenson v. GortonPew Fisheries Co., 8 F. (2d) 689. 1033 (5) (U.S.C.C.A.Ala.) Charge on measure of damages held beneficial to defendants.Coast S. S. Co. v. Brady, 8 F. (2d) 16. 1035 (U.S.C.C.A.Idaho) Court's refusal to transfer cause to equity side of court, after nonsuit granted as to causes of action cognizable at law, held not ground for complaint.Federal Reserve Bank of San Francisco v. Idaho Grimm Alfalfa Seed Growers' Ass'n, 863 (3) (U.S.C.C.A.Wash.) 1039 (9) (U.S.C.C.A.Idaho) Any error in failing to require plaintiff to elect as to causes of action on which it would proceed held not prejudicial.-Federal Reserve Bank of San Francisco v. Idaho Grimm Alfalfa Seed Growers' Ass'n, 8 F. (2d) 922. 1050(4) (U.S.C.C.A.Cal.) Admission of impeaching testimony without technically sufficient foundation held not prejudicial.-McLeod Lumber Co. v. Western Redwood Co., 8 F. (2d) 930. 1052 (8) (U.S.C.C.A.N.J.) Admission of incompetent evidence in equity suit no ground for reversal, where decree supported by other competent evidence.-Casey v. U. S., 8 F. (2d) 709, Admission of evidence unlawfully procured under search warrants not reversible error, where other competent evidence supported decree.-Id. 1054 (1) (U.S.C.C.A.Idaho) Defendant's testimony as to why he entered into contract sued on held not prejudicial.-Edwards v. Robinson, 8 F. (2d) 726. 1056(6) (U.S.C.C.A.Idaho) Exclusion of letters of plaintiff held not reversible error.Edwards v. Robinson, 8 F. (2d) 726. 1058(1) (U.S.C.C.A.Okl.) Erroneous exclusion of evidence harmless where facts otherwise proved.-Wheeler & Motter Mercantile Co. v. Lamerton, 8 F. (2d) 957. Searching de fendants' persons, without search warrant, held not violative of constitutional rights-Yip Wah v. U. S., 8 F. (2d) 478. 63(4) (U.S.C.C.A.R.I.) Evidence held admissible, as obtained by arrest for felony committed in officers' presence.-Fisher v. U. S., 8 F. (2d) 978. 71 (U.S.C.C.A.Cal.) Seizure of ledger held lawful, as incidental to arrest.-Marron v. U. S., 8 F. (2d) 251. Right to search as incidental to arrest extends to premises in control of defendant.-Id. As incident to lawful arrest, officer may search prisoner and seize evidence of his guilt. -Id. ~71 (U.S.C.C.A.Wash.) Seizing opium without search warrant, held not violative of constitutional rights.-Yip Wah v. U. S., 8 F. (2d) 478. 71 (U.S.D.C.Cal.) Building where one is arrested in commission of crime may be searched to extent of offender's control.-U. S. v. Charles, 8 F. (2d) 302. Seizure of intoxicating liquor, found during 420. 1068(3) (U.S.C.C.A.N.Y.) Error in charge See Municipal Corporations, 530; Taxation, submitting to jury issues on which court might have directed verdict held harmless.-Christenson v. Gorton-Pew Fisheries Co., 8 F. (2d) 689. 1068 (4) (U.S.C.C.A.Ala.) Charge on measure of damages held not ground for complaint. -Coast S. S. Co. v. Brady, 8 F. (2d) 16. 1074(3) (U.S.C.C.A.Porto Rico) Error, if any, in statement in judgment that vendor was in possession at time of conveyance, held immaterial.-Noguera v. Fuertes, 8 F. (2d) 115. (K) Subsequent Appeals. 1099 (3) (U.S.C.C.A.Mich.) Decision on prior appeal in copyright infringement suit law of case.-Dickinson v. O. & W. Thum Co., 8 F. (2d) 570. 13(2) (App.D.C.) Comptroller General may not deduct from salary of naval officer sum found due because of alleged overpayments in allowances.-McCarl v. Cox, 8 F. (2d) 669. 48 (U.S.D.C.Va.) Secretary of Navy's disapproval of court-martial proceedings, findings, and sentence on granting accused's motion for new trial not acquittal.-Ex parte Costello, 8 F. (2d) 386. Appearance before second court-martial, which erroneously sustained plea of acquittal by Secretary of Navy's disapproval of former court-martial's findings and sentence, held not trial putting accused twice in jeopardy.-Id. ARREST. II. ON CRIMINAL CHARGES. 63(3) (U.S.C.C.A.Cal.) Arrest without warrant of defendant in charge of premises on which liquor found held authorized.-Marron v. U. S., 8 F. (2d) 251. ASSIGNMENTS. I. REQUISITES AND VALIDITY. (B) Mode and Sufficiency of Assignment. 48 (U.S.C.C.A.N.C.) Equitable assignment for valuable consideration may be made and will be enforced.-Farmers' Bank of Greenville v. Blount, 8 F. (2d) 443. No particular phraseology necessary to effect equitable assignment, though intent to transfer and execution thereof essential.-Id. 9(2) (U.S.D.C.N.Y.) Jurisdiction of United States Court to adjudge private bankers bankrupt and to administer their estates in bankruptcy is exclusive. In re Bajardi, 8 F. (2d) 551. II. PETITION, ADJUDICATION, WARRANT, (C) Involuntary Proceedings. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER tuted act of bankruptcy determined from all facts and circumstances.-Eastern Drug Co. v. Bieringer-Hanauer Co., 8 F.(2d) 838. 57 (U.S.C.C.A.N.J.) Allegation of lease of property insufficient to charge fraudulent transfer. In re Carasaljo Hotel Co., 8 F. (2d) 469. 58 (U.S.C.C.A.Mass.) Intent to prefer not inferable from small payments by bankrupt in, ordinary course of going business.-Eastern Drug Co. v. Bieringer-Hanauer Co., 8 F. (2d) 838. Payments to creditors, which in fact accomplished preferences, held to warrant inference of intent to prefer.-Id. 60 (U.S.C.C.A.N.J.) Appointment of a temporary receiver for a corporation held not an "act of bankruptcy."-In re Carasaljo Hotel Co., 8 F. (2d) 469. 60 (U.S.C.C.A.N.Y.) Navigation company, consenting to receivership, held not to have committed an "act of bankruptcy."-Nolte v. Hudson Nav. Co., 8 F. (2d) 859. 72(1) (U.S.D.C.Ind.) Áct construed strictly against amenability thereto of corporation.In re Dairy Marketing Ass'n of Ft. Wayne, 8 F. (2d) 626. Amenability of corporation dependent on chief business.-Id. 72(3) (U.S.D.C.Ind.) Indiana incorporated co-operative dairy marketing association held not subject to involuntary bankruptcy proceeding as "moneyed, business, or commercial corporation."-In re Dairy Marketing Ass'n of Ft. Wayne, 8 F. (2d) 626. 81(4) (U.S.C.C.A.N.J.) General allegations of acts of bankruptcy are insufficient. In re Carasaljo Hotel Co., 8 F. (2d) 469. III. ASSIGNMENT, ADMINISTRATION, (A) Appointment, Qualification, and Tenure of Trustee. 123 (U.S.D.C.Wash.) Bankrupt estate belongs to creditors, whose right to appoint trustee is probably unqualified.-In re Day Lumber Co.. 8 F. (2d) 146. 126 (U.S.D.C.Wash.) Creditors' choice of trustee should not be set aside, unless majority seek factional advantage, election is involved in fraud, or for other good cause. In re Day Lumber Co., 8 F. (2d) 146. Court will not arbitrarily set aside election of trustee by majority of creditors when only one objected.-Id. Presumed that attorney, was employed in usual way by all creditors represented by him. -Id. (B) Assignment, and Title, Rights, and Remedies of Trustee in General. 136(1) (U.S.D.C.N.Y.) Federal court held "court of competent jurisdiction" to direct New York state superintendent of banks to turn over to trustees in bankruptcy securities deposited by private bankers.-In re Bajardi, 8 F.(2d) 551. 136 (2) (U.S.D.C.Cal.) Referee's order requiring bankrupt to turn over concealed assets held final, and not reviewable on contempt proceedings. In re Shelley, 8 F. (2d) 878. 139(2) (U.S.C.C.A.N.C.) Land held by bankrupt and his wife by entireties not part of bankrupt's estate. In re Kearns, 8 F. (2d) 437. 140(1) (U.S.D.C.N.Y.) Trustee in possession of property sold under unrecorded conditional sales agreement is in situation of creditor holding under execution.-In re F. L. Bradbury Co., 8 F. (2d) 496. Unrecorded conditional sales agreement, void as against lien or judgment creditors, is void as to trustee in bankruptcy.-Id. Trustees in bankruptcy of purchaser of trucks under unrecorded conditional sales agreement held entitled to make sale free and clear of alleged lien of conditional vendor.-Id. 140(1) (U.S.D.C.Pa.) Contract held one of conditional sale.-In re Belle, 8 F. (2d) 100. 140(3) (U.S.D.C.Pa.) Petitioner for reclamation held only contract creditor.-In re Douglas, 8 F. (2d) 111. 152 (U.S.C.C.A.N.C.) Title of trustee takes effect only as of date of adjudication.-In re Kearns, 8 F.(2d) 437. 154 (U.S.D.C.Mass.) Bank may apply bankrupt's deposits to payment of notes not yet due.-Feakes v. International Trust Co., 8 F. (2d) 668. 154 (U.S.D.C.N.Y.) Liability of indorser on note discounted by bankrupts not discharged by deduction from indorser's claim against bankrupts of amount of note.-In re Garfunkel, 8 F. (2d) 790. (C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens. 161(1) (U.S.D.C.Pa.) Mortgage held preferential as to money previously advanced to bankrupt.-In re Great Lakes Lumber Co., 8 F. (2d) 96. 172 (U.S.C.C.A.Md.) Assignment of accounts due before institution of bankruptcy proceedings gives assignee preferential rights as against trustee in bankruptcy.-Chapman v. Emerson, 8 F. (2d) 353. 172 (U.S.D.C.Fla.) Description of accounts intended to be subjected to mortgage held too vague. In re Brinson, 8 F. (2d) 667. 175 (U.S.D.C.N.Y.) Transfer of property by bankrupt held fraudulent.-In re Davis, 8 F. (2d) 65. 178(1) (U.S.C.C.A.Md.) Assignment, before bankruptcy, of accounts by which bankrupt retained unfettered dominion, is fraudulent and void.-Chapman v. Emerson, 8 F. (2d) 353. Bankrupt's assignments before bankruptcy of accounts due held not fraudulent or void. Id. Disallowance 184(1) (U.S.D.C.Fla.) of mortgage on stock of goods by referee in bankruptcy held proper.-In re Brinson, 8 F. (2d) 667. commission held not an equitable assignment. 209(2) (U.S.D.C.Ga.) Seller in condi tional sale contract must elect whether to cancel or enforce lien.-Anglo-American Mill Co. v. Dingler, 8 F. (2d) 493. 210 (U.S.C.C.A.Ga.) Bankruptcy court has jurisdiction to adjudicate through referee all claims against property surrendered by bankrupt.-In re Wells, 8 F. (2d) 986. 212 (U.S.C.C.A.Ga.) Court may refer claims. In re Wells, 8 F. (2d) 986. |