3 (U.S.C.C.A.Wash.) Whether statute under which defendant was convicted was previously repealed held not determinable in subsequent habeas corpus proceedings.-Petrai v. Archer, 8 F. (2d) 354; Sartori v. Archer, 8 F. (2d) 355.

4 (U.S.C.C.A.Wash.) Writ of habeas corpus cannot be made to perform office of writ of error.-Petrai v. Archer, 8 F.(2d) 354; Sartori v. Archer, 8 F. (2d) 355.

6 (U.S.C.C.A.Kan.) Writ granted only in exercise of sound judicial discretion.-Biddle v Hays, 8 F. (2d) 937.

30 (2) (U.S.C.C.A.Kan.) Petitioner not entitled to discharge from custody because of defects of indictment not affecting jurisdiction.Biddle v. Hays, 8 F. (2d) 937.

30(2) (U.S.C.C.A.Wash.) Whether indictment charges offense is question solely for court, where it is pending as affects right to discharge on habeas corpus.-Weedin v. Moy Fat, 8 F.(2d) 488.

FRAUDULENT CONVEYANCES.

III. REMEDIES OF CREDITORS AND PUR

CHASERS.

(J) Judgment or Decree and Execution.

317 (U.S.C.C.A. Wash.) Conveyance by commissioner pursuant to decree of court vested in grantee inchoate title, until approval of court indorsed thereon, but indorsement may be made at any time.-Mitchell v. Cunningham, 8 F. (2d) 813.

GIFTS.

1. INTER VIVOS.

4 (U.S.D.C.Va.) Unqualified expressed intent to make gift ordinarily conclusive of character of transaction.-Parrott v. Noel, 8 F. (2d) 368.

Purpose to give and execution of purpose by delivery, actual or constructive, are essential to "gift."-Id.

GRAND JURY.

5 (U.S.C.C.A.Ga.) Persons summoned to serve as grand jurors in one division may be impaneled as grand jury for entire district.Larramore v. U. S., 8 F. (2d) 736.

Grand jury held not selected for particular division only of district.-Id.

GUARANTY.

II. CONSTRUCTION AND OPERATION.

36 (2) (U.S.C.C.A.Kan.) Continuing guaranty held intended to secure individual indebtedness of officers and directors of bank, and not that of bank.-Johnston v. Fidelity Nat. Bank & Trust Co. of Kansas City, Mo., 8 F. (2d) 847.

GUARDIAN AND WARD.

IV. SALES AND CONVEYANCES UNDER ORDER OF COURT.

113 (U.S.C.C.A.Okl.) Evidence held insufficient to establish grossly inadequate consideration for oil lease.-Harrell v. Prairie Oil & Gas Co., 8 F. (2d) 236.

Inadequacy of consideration alone not grounds for cancellation of oil lease sold under order of court.-Id.

Fraud in effecting judicial sale of oil lease held not shown.-Id.

HABEAS CORPUS.

1. NATURE AND GROUNDS OF REMEDY. ordinarily remedy.

3 (U.S.C.C.A.Kan.) Writ not granted, where law provides other Biddle v. Hays, 8 F. (2d) 937.

dictment under which aliens held for deportation were convicted held not reviewable in habeas corpus proceedings.-Charlie Gib v. Weedin, 8 F. (2d) 489.

II. JURISDICTION. PROCEEDINGS, AND

RELIEF.

85 (1) (U.S.C.C.A.Tex.) Denial under oath of charges made does not overcome evidence of probable cause afforded by indictment.Chapin v. Walker, 8 F. (2d) 991.

85(1) (U.S.D.C.Mass.) Strong case held necessary to warrant application for habeas corpus on behalf of alien being deported.-Ex parte Domenici, 8 F. (2d) 366.

87 (U.S.C.C.A.Wash.) Dismissal of proceedings without affording one held for extradition opportunity to introduce evidence held not error.-Bagley v. Starwich, 8 F. (2d) 42.

92(1) (U.S.C.C.A.Tex.) Rule as to rebuttal of evidence of probable cause afforded by indictment does not enable habeas corpus tribunal to try accused.-Chapin v Walker, 8 F. (2d) 991.

HABITUAL CRIMINALS. See Criminal Law, 1202.

HARMLESS ERROR.

See Appeal and Error, 1033-1074; Criminal Law, 1163-1169.

HIGHWAYS.

II. HIGHWAY DISTRICTS AND OFFICERS. 90 (U.S.C.C.A.Ark.) In suit by bondholders, contention that assessment was void, because including property theretofore condemned, overruled.-Road Improvement Dist. No. 7 of Poinsett County, Ark., v. Guardian Savings & Trust Co., 8 F.(2d) 932.

Payment by bondholders of money to agent selling bonds for district held not to require reduction of judgment against district by that amount.-Id.

90 (U.S.C.C.A.Idaho) Bond issue to build road in sparsely inhabited country, almost entire cost of which would be assessed on railroad property, will be enjoined as confiscatóry.— Yale Highway Dist. v. Oregon Short Line R. Co., 8 F. (2d) 676.

HUSBAND AND WIFE.

See Divorce; Marriage.

1. MUTUAL RIGHTS, DUTIES, AND LIA

BILITIES.

14(6) (App.D.C.) Conveyances to husband and wife held to create estates by the entireties, and not joint tenancy.-Settle v. Settle, 8 F. (2d) 911.

Words creating joint tenancy will give hus band and wife "tenancy by the entireties."-Id.

14(8) (App.D.C.) Tenancy by the entireties, in District of Columbia, not modified by Married Woman's Act, nor abolished by statute.-Settle v. Settle, 8 F. (2d) 911.

of

re

15(1) (U.S.C.C.A.Okl.) Taxation stricted Indian's lands held not to affect power of Congress to impose restrictions on alienation.-U. S. v. Brown, 8 F. (2d) 564.

15(2) (U.S.C.C.A.Okl.) Purchaser of land without consent of Secretary of the Interior, in violation of provision against alienation in Indian's deed, took nothing.-U. S. v. Brown, 8 F. (2d) 564.

Secretary of the Interior, permitting investment of royalties from restricted lands, may restrict alienation of lands purchased.-Id.

Conveyance of restricted lands without consent of Secretary of the Interior void, irrespective of good faith of purchaser.-Id.

34 (U.S.C.C.A.Ariz.) Act prohibiting sale of intoxicating liquor to Indian allottees and wards held not repealed by National Prohibition Act.-Brown v. U. S., 8 F. (2d) 433; Owens v. U. S., 8 F. (2d) 435.

Indian allottee under charge of Indian agent held not withdrawn from protection of AntiLiquor Sales Act by act making all native-born noncitizen Indians citizens.-Id.

IV. FILING AND FORMAL REQUISITES OF INFORMATION OR COMPLAINT.

52(3) (U.S.C.C.A.Ala.) Information need not be verified or supported by oath of district attorney.-Christian v. U. S., 8 F. (2d) 732.

V. REQUISITES AND SUFFICIENCY OF ACCUSATION.

114 (U.S.C.C.A.III.) Allegation of previous conviction of violation of National Prohibition Act required in indictment.-McCarren v. U. S., 8 F. (2d) 113.

liquor, and by additional count charging identiCharging defendant with sale of intoxicating cal sale as second offense held proper.-Id.

Issues of unlawful sale and second offense therein properly presented under single count. -Id.

114 (U.S.C.C.A.Kan.) Indictment for subsequent offenses need not allege former convictions with particularity required of original charge.-Biddle v. Hays, 8 F. (2d) 937.

125(52) (U. S. C. C. A. Wash.) Indictment held not duplicitous.-Yip Wah v. U. S., 8 F. (2d) 478.

Indictment held not to charge different offenses in single count.-Id.

125 (20) (U.S.C.C.A.Ala.) Indictment held not subject to motion to quash or demurrer for misjoinder.-Harris v. U. S., 8 F. (2d) 841.

130 (U.S.C.C.A.Ala.) Indictment held not subject to motion to quash or demurrer for misjoinder.-Harris v. U. S., 8 F. (2d) 841.

VII. MOTION TO QUASH OR DISMISS, AND DEMURRER.

137(4) (U.S.C.C.A.R.I.) Refusal to strike paragraphs of indictment charging particular overt acts not error.-Fisher v. U. S., 8 F. (2d) 978.

140(2) (U.S.C.C.A.Ohio) Defendant must show he was prejudiced by irregularity in filling box from which grand jury drawn.-Wuichet v. U. S., 8 F. (2d) 561.

XI. WAIVER OF DEFECTS AND OBJECTIONS, AND AIDER BY VERDICT.

196(4) (U.S.C.C.A.Cal.) Objection to information, because not properly signed, held waived, when not made until after verdict.Brooks v. U. S., 8 F. (2d) 593.

INFANTS.

See Guardian and Ward.

INJUNCTION.

II. SUBJECTS OF PROTECTION AND RELIEF.

(C) Contracts.

58 (U.S.D.C.III.) Suit to enjoin threatened breach of negative covenant is governed by rules applicable to suit for specific performance of affirmative covenant.-Chicago Auditorium Ass'n v. Cramer, 8 F. (2d) 998.

IV. PRELIMINARY AND INTERLOCUTORY INJUNCTIONS.

(B) Continuing, Modifying, Vacating, or Dissolving.

163(1) (U.S.D.C.Fla.) Injunction restraining carrying out contract to pay real estate agents secret profit retained until final disposition of case.-Purdum v. Durrance, 8 F. (2) 781.

173 (U.S.D.C.Fla.) On motion to vacate injunctional order and discharge receiver, sworn answers, on waiver of answer under oath by bill, will be considered as affidavits.-Purdum v. Durrance, 8 F. (2d) 781.

Answer not sworn to held not to be considered as affidavit, but to amount to pleading only. -Id.

INSOLVENCY.

See Bankruptcy.

INSTRUCTIONS.

See Criminal Law, 762-829; Trial, 199260.

INSURANCE.

II. INSURANCE COMPANIES.
(A) Stock Companies.

44 (U.S.D.C.N.Y.) Securities acquired to avoid liquidation not required to be investment securities.-Porter v. Beha, 8 F. (2d) 65. 50 (U.S.D.C.N.Y.) Insolvency; assets pass subject to defective title of corporation.-Porter v. Beha, 8 F. (2d) 65.

Insolvency; liquidator held chargeable with knowledge of defective title to assets.-Id. III. INSURANCE AGENTS AND BROKERS. (A) Agency for Insurer,

X. FORFEITURE OF POLICY FOR BREACH
OF PROMISSORY WARRANTY, COVE-
NANT, OR CONDITION SUBSEQUENT.
(A) Grounds in General.

302 (U.S.C.C.A.Va.) Statute relative to effect of failure to perform condition of policy or violation of restrictive provision therein not impliedly repealed.-Continental Ins. Co. v. Simpson, 8 F.(2d) 439.

(B) Matters Relating to Property or Interest Insured.

335(2) (U.S.C.C.A.Porto Rico) Insured held bound. by riders attached to policies, though signed by agent without knowledge of their meaning.-Compania L'Union De Paris v. Goldsmith, 8 F. (2d) 134. (U.S.C.C.A.Porto Rico) 335(4) Insured, failing to properly safeguard inventories of insured goods as required by policy, cannot recover. Compania L'Union De Paris v. Goldsmith, 8 F. (2d) 134.

336 (2) (U.S.C.C.A.Va.) Procuring other insurance held not to invalidate policy.-Continental Ins. Co. v. Simpson, 8 F. (2d) 439.

AGREE

XI. ESTOPPEL. WAIVER, OR
MENTS AFFECTING RIGHT TO AVOID
OR FORFEIT POLICY.

V. THE CONTRACT IN GENERAL.
(A) Nature, Requisites, and Validity.

127 (U.S.D.C.Or.) Material change in health of applicant between date of application and issuance of policy voids policy unless known to insurer. Stipcich v. Metropolitan Life Ins. Co., 8 F. (2d) 285.

Applicant has burden of showing notice to insurer of material change in health between making and acceptance of application.-Id.

133(1) (U.S.C.C.A.Porto Rico) Policy in Spanish construed according to Spanish text of law.-Compania L'Union De Paris v. Goldsmith, 8 F. (2d) 134.

136(2) (U.S.D.C.N.Y.) Trustee in bankruptcy of insured held entitled to recover on fire policy, though it had not actually been delivered to insured.-Filkins v. State Assurance, 8 F. (2d) 389.

(B) Construction and Operation. 146(1) (U.S.D.C.Ark.) Policies construed as other contracts.-Hearin v. Standard Life Ins. Co., 8 F.(2d) 202.

Policy must be construed as a whole.-Id.

146(3) (U. S. C. C. A. Wash.) Policy construed like any other contract, though ambiguous language must be construed most strongly against insurer.-Fidelity & Deposit Co. of Maryland v. Spokane Interstate Fair Ass'n, 8 F. (2d) 224.

146(3) (U.S.D.C.Ark.) Policies construed most favorably to insured only when ambiguous. -Hearin v. Standard Life Ins. Co., 8 F. (2d) 202.

VIII. CANCELLATION,

SURRENDER,
ABANDONMENT, OR RESCISSION
OF POLICY.

229(4) (U.S.D.C.N.Y.) Neither agent nor insurer had authority to cancel insurance policies without first giving insured notice specified in contract.-Filkins v. State Assurance, 8 F. (2d) 389.

Insurer could not assume from surrender of policies agent could cancel.-Id.

of soliciting agent before acceptance of application not imputed to insurer.-Stipcich v. Metropolitan Life Ins. Co., 8 F. (2d) 285.

XII. RISKS AND CAUSES OF LOSS.

(A) Marine Insurance.

413 (U.S.D.C.Cal.) Damage to cargo from rain driven by wind is caused by wind, a peril of the sea.-Tyson v. Union Ins. Soc. of Canton, 8 F. (2d) 356.

(B) Insurance of Property and Titles.

425 (U.S.C.C.A.Wash.) Loss effected by manipulating lock of safe during policy period, after force or violence employed before policy period to remove plug from hole in safe door, held not within burglary policy.-Fidelity & Deposit Co. of Maryland v. Spokane Interstate Fair Ass'n, 8 F. (2d) 224.

Requirement of safe burglary policy that force and violence be employed held not inserted for evidential purposes only. Id.

(D) Life Insurance.

445(3) (U.S.D.C.Ark.) That incontestable clause did not exempt from its scope liability. for suicide held not to render subsequent clause denying such liability ineffective.-Hearin v. Standard Life Ins. Co., 8 F. (2d) 202.

Claim of nonliability because of suicide within year from date of policy held not required to be made within that year.-Id.

448 (U.S.C.C.A.Wash.) Insurance company not absolved from liability on policy because beneficiary murdered insured.-Hewitt v. Equitable Life Assur. Soc. of the U. S., 8 F. (2d) 706.

Insurance company absolved from liability under policy, where beneficiary procured issuance thereof with intent to murder insured and defraud company.-Id.

ated by legal means.-Fraser v. Nauts, 8 F. (2d) 106.

7 (U.S.C.C.A.N.Y.) Mutual insurance company held not entitled to exclude from income overpayments of premiums awaiting apportionment to deferred dividend policies; "credited." -New York Life Ins. Co. v. Edwards, 8 F. (2d) 851.

Amortization of securities purchased at premium held not deductible as "depreciation by use, wear, and tear" nor as "loss actually sustained."-Id.

7 (U.S.D.C.Idaho) Transaction held purchase and sale within Revenue Act.-Merrell v. Evans, 8 F. (2d) 431.

XVIII. ACTIONS ON POLICIES.

646(112) (U.S.D.C.Or.) Representations of assured in application presumed true when made, and to continue SO till issuance of policy. Stipcich v. Metropolitan Life Ins. Co., 8 F. (2d) 285.

646(3) (U.S.D.C.Or.) Insurer has burden of proving material change in applicant's health between date of application and issuance of policy. Stipcich v. Metropolitan Life Ins. Co., 8 F. (2d) 285.

Insured has burden of showing notice of change of condition of health.-Id.

668(11) (U.S.C.C.A.Wash.) Court erred in directing verdict for insurer on ground that beneficiary had obtained policy with intent to murder insured and defraud company.-Hewitt v. Equitable Life Assur. Soc. of the U. S., 8 F. (2d) 706.

668 (12) (U.S.C.C.A.Ga.) Court should have instructed verdict for defendant where uncontroverted evidence showed that insured had committed suicide.-New York Life Ins. Co. v. Weaver, 8 F. (2d) 680.

INTEREST.

1. RIGHTS AND LIABILITIES IN GENERAL. (U.S.C.C.A.N.Y.) Rule as to recovery of interest in federal courts stated.-Nolte V. Hudson Nav. Co., 8 F. (2d) 859.

INTERNAL REVENUE.

(U.S.C.C.A.Neb.) Congress may impose excess profits tax applicable to income or excess profits of entire year, though part of that year has already elapsed.-Updike v. U. S., 8 F. (2d) 913.

Congress may impose tax on corporation, which has previously, but during same year, effected a voluntary dissolution.-Id.

2 (U.S.C.C.A.III.) Statute as to forfeiture of conveyance used to defraud government of tax in force as to intoxicating liquors.-National Bond & Investment Co. v. Ú. S., 8 F. (2d) 942.

2 (U.S.D.C.Colo.) Tax on property of trust estate, created before enactment of estate tax law, not unconstitutional.-Reed v. Howbert, 8 F. (2d) 641.

Everyday operation and incidents of taxation are tests to be applied when passing on constitutionality.-Id.

Retroactive federal estate tax law held not unconstitutional.—Id.

2 (U.S.D.C.N.Y.) Statute prohibiting suits to enjoin collection of taxes not_impliedly amended.-Joseph Garneau Co. v. Bowers, 8 F. (2d) 378.

2 (U.S.D.C.Ohio) In taxation statutes, Congress must in clear and concise language state what property is taxable.-U. S. v. Carroll Chain Co., 8 F. (2d) 529.

5 (U.S.D.C.Ohio) Device to avoid burden of revenue acts may be resorted to if effectu

1916 and in January, 1917, held not subject to income tax at 1917 rates; "distribution."-Mason v. Routzahn, 8 F. (2d) 56.

7 (U.S.D.C.Ohio) Contract for sale of lumber business, including good will valued at $100,000, held not illegal attempt to evade income taxes.-Fraser v. Nauts, 8 F.(2d) 106.

7 (U.S.D.C.Ohio) First taxable year of new corporation, adopting July 1 to June 30 as fiscal year, held to be from date of entering business to June 30.-U. S. v. Carroll Chain Co., 8 F. (2d) 529.

Term "fiscal," in Revenue Act, held to be substitution of word "calendar" as period of accounting.-Id.

Corporation adopting fiscal year of July 1 to June 30 held entitled to deduction of losses for first year from date of entering business to June 30 from income of succeeding year.-Id.

7 (U.S.D.C.Pa.) Obligation of seller under ore contract held "debt."-Electric Reduction Co. v. Lewellyn, 8 F. (2d) 91. When bad debt deductible from income stated. -Id. 7 (U.S.D.C.Va.) That money distributed to corporate officers and employees was not valid as gift held not to render it taxable income in hands of recipients.-Parrott v. Noel, 8 F.(2d) 368.

8 (U.S.D.C.Colo.) Retroactive operation of statute taxing transfers by trust not limited.Reed v. Howbert, 8 F. (2d) 641.

Substance and not form is controlling in determining whether or not a transfer of property on creation of trust was complete.-Id.

Creation of trust not a complete transfer, where donor retained income from trust property until his death, and beneficiaries' rights depended thereon.-Id.

8 (U.S.D.C.Minn.) Taxes which were lien against realty of decedent at his death and claim against his estate held deductible from net value of estate for determining transfer tax.-Thompson v. U. S., 8 F,(2d) 175.

9 (U.S.C.C.A.Ill.) Corporations organized to bid in mortgaged timber lands held "not engaged in business."-Cannon v. Elk Creek Lumber Co., 8 F. (2d) 996.

9 (U.S.C.C.A.Neb.) Corporation dissolved before adoption of act increasing excess profits tax held liable for additional taxes under that act.-Updike v. U. S., 8 F. (2d) 913.

9 (U.S.D.C.Minn.) Corporation may not increase invested capital by addition of undivided profits, while carrying on books item representing loss in previous year.-Milton Dairy Co. v. Willcuts, 8 F. (2d) 178.

9 (U.S.D.C.Minn.) Malting company held not entitled to make deduction for "obsolescence" of "good will" in computing income and excess profit taxes.-Red Wing Malting Co. v. Willcuts, 8 F. (2d) 180.

9 (U.S.D.C.N.Y.) Fact that fair value of capital stock throughout year was not the same as on June 30 to be considered in assessing capital stock tax.-One Liberty St. Realty & Securities Corporation v. Bowers, 8 F. (2d) 278.

19(1) (U.S.D.C.Wis.) Instrument taken by association from member borrower held promis