INDEX.

Abatement, see "Abatement and Revival."
Election of remedy, see "Election of Remedies."
Jurisdiction of courts, see "Courts.'
Malicious actions, see "Malicious Prosecution."
*Point annotated.
(1025)

Determination of adverse claims to real prop-8 2. Appeal. erty, see "Quieting Title."

Dissolution of partnership, see "Partnership," § 1.

Enforcement or foreclosure of lien, see "Maritime Liens," § 3; "Mechanics' Liens," § 2. Removal of cloud on title, see "Quieting Title."

Particular proceedings in actions. See "Damages"; "Dismissal and Nonsuit" "Evidence"; "Execution"; "Judgment" "Jury"; "Parties"; "Pleading"; "Process" "Removal of Causes"; "Trial.'

Particular remedies in or incident to actions.
See "Injunction"; "Receivers."

Proceedings in exercise of special jurisdictions.
Criminal prosecutions, see "Criminal Law."

*An appeal in admiralty by either party from the District Court to the Circuit Court of Ap peals vacates altogether the decree of the District Court, and opens the whole case for trial anew in the appellate court.-The San Rafael (C. C. A.) 270; The Sausalito, Id., In re North Pac. Coast R. Co., Id; North Pac. Coast R. Co. v. Hall, Id.; North Shore R. Co. v. McCue, Id.

ADMISSIONS.

As evidence in criminal prosecutions, see "Criminal Law," § 1.

ADVERSE CLAIM.

Suits in admiralty, see "Admiralty"; "Col- To real property, see "Quieting Title."
lision" 5; "Maritime Liens" § 3; "Ship-
ping," § 4.

Suits in equity, see "Equity."

Review of proceedings.

See "Appeal and Error"; "New Trial."

ADEQUATE REMEDY AT LAW.

Effect on jurisdiction of equity, see "Cancellation of Instruments," § 1; "Nuisance," § 1.

ADJOINING LANDOWNERS.

See "Boundaries."

ADJUDICATION.

Of courts in general, see "Courts" § 1.

ADVERSE POSSESSION.

1. Pleading, evidence, trial, and review.

Evidence considered, and held insufficient to sustain the defense of title by adverse possession, in a suit to quiet title.-Davis v. Commonwealth Land & Lumber Co. (C. C.) 711.

AFFREIGHTMENT.

Contracts, see "Shipping," § 3.

AGREEMENT.

See "Contracts."

ALIENS.

Operation and effect of former adjudication, see Evidence of other offenses in prosecution for "Judgment," § 2.

ADMINISTRATION.

Of estate of bankrupt, see "Bankruptcy," § 2.
Of estate of decedent, see "Executors and Ad-
ministrators."

ADMIRALTY.

See "Collision"; "Maritime Liens"; "Salvage"; "Seamen"; "Shipping"; "Towage." Liability of shipowners for landing of alien immigrants, see "Aliens," § 1.

1. Remedies in personam and in rem. *Where exceptions to a libel against a vessel and its owner were sustained on the ground that they could not be sued jointly, it was not error to permit the libel to be so amended as to declare against the vessel alone.-The San Rafael (C. C. A.) 270; The Sausalito, Id.; In re North Pac. Coast R. Co., Id.; North Pac. Coast R. Co. v. Hall, Id.; North Shore R. Co. v. McCue, Id.

forgery of certificate of residence, see "Criminal Law," § 1.

Joinder of offenses in prosecution for forgery of certificate of residence, see "Indictment and Information," § 1.

§ 1. Immigration.

The duty imposed on shipowners and their agents by Act March 3, 1891, c. 551, §§ 8, 10, 26 Stat. 1085, 1086 [U. S. Comp. St. 1901, pp. 1298, 1299], to adopt precautions to prevent the landing of alien immigrants at places other than those designated by the inspection officers. and to detain on board until their return such as are rejected, does not make them insurers of the safe-keeping of immigrants landed for inspection at the place designated, and while in the custody of such officers, and they cannot be convicted of a violation of the act because of the escape of immigrants while so held.II. Hackfeld & Co. v. United States (C. C. A.) 9.

*An alien who in good faith has acquired and maintains his residence in the United States, on his return from a temporary absence in a foreign country is not an alien immigrant with*Point annotated. See syllabus.

in the meaning of the immigration statutes, of exceptions, including exhibits.-Dalton v.
but has the right to leave and re-enter the Moore (C. C. A.) 311.
United States with the same freedom as a
resident who is also a citizen. In re Buchs-4.
baum (D. C.) 221.

AMENDMENT.

Of particular legal proceedings.

See "Parties," §§ 2, 3.

As to parties in equity, see "Equity," § 1.
Libel in admiralty, see "Admiralty," § 1.
Petition in bankruptcy, see "Bankruptcy," § 1.

AMOUNT IN CONTROVERSY.

Jurisdictional amount, see "Courts," § 4; "Re-
moval of Causes," § 3.

ANCILLARY ADMINISTRATION.
See "Executors and Administrators," § 3.

ANCILLARY RECEIVERSHIP.

See "Receivers," § 1.

ANIMALS.

Injuries from operation of railroads, see "Rail-
roads," § 3.

ANNUITIES.

Interest on, see "Interest," § 1.

APPEAL AND ERROR.

See "New Trial."

Review of criminal prosecutions, see "Criminal
Law," & 4.

Review of proceedings in admiralty, see "Ad-
miralty," § 2.

Review of proceedings in bankruptcy, see "Bank-
ruptcy," § 4.

1. Parties.

*An appeal will not be dismissed because of
the failure to bring in by citation parties who
have no interest in the decree appealed from.
-Tull v. Nash (C. C. A.) 557.

§ 2. Requisites and proceedings
transfer of cause.

for

That a writ of error designates the parties
as plaintiff and defendant, following the title
of the cause in the court below, is not a fatal
error.-H. Hackfeld & Co. v. United States
(C. C. A.) 9.

3. Record and proceedings not in rec-
ord.

It is the duty of counsel for a plaintiff in
error to furnish the Circuit Court of Appeals
with a full and complete transcript of the rec-
ord as described in the certificate to the bill

Assignment of errors.

The practice of filing a large number of as-
signments of error defeats the purpose of the
rule requiring such assignments, and is not to
be approved.-Michigan Home Colony Co. v.
Tabor (C. C. A.) 332.

§ 5. Review.

Where at the close of the evidence both par-
ties request peremptory instructions, the giv-
ing of one is a conclusive finding in favor of
such party on every disputed issue of fact, and
the only questions for determination by a re-
viewing court are whether there was any sub-
stantial evidence to sustain such findings, and
whether there was error in the declaration or

application of the law. Western Express Co.
v. United States (C. C. A.) 28.

Under the settled rule that after verdict and
judgment it will be presumed that facts nec-
essary to support the judgment were proved,
and in all formal and technical matters the
complaint will be treated as amended to con-
form to the facts, granting permission to a de-
fendant to amend a cross-petition in matter of
form after a verdict in his favor thereon clear-
ly authorized by the evidence was not prej-
udicial error.- -Michigan Home Colony Co. v.
Tabor (C. C. A.) 332.

*Where both parties make motions for di-
rection of a verdict, one of which is granted,
the only questions reviewable by an appellate
court besides the sufficiency of the pleadings to
support the judgment are whether there is any
substantial evidence to support the finding, and
whether there was reversible error in the ad-
mission or exclusion of evidence.-Michigan
Home Colony Co. v. Tabor (C. C. A.) 332.

A finding by a master that certain appliances
were attached to a factory must be taken as
correct in determining whether or not such ap-
pliances became subject to a prior mortgage
on the building and machinery therein, where
it was not excepted to, and there is no evidence
showing the character of the appliances or
whether or not they were detachable.-General
Fire Extinguisher v. Lamar (C. C. A.) 353.

Where a defeated party has introduced all
the evidence he can offer, and is estopped to
deny that he can do no more, and the bill of ex-
ceptions shows that evidence would not sus-
tain a verdict in his favor, an instruction to
return a verdict against him on some other,
but untenable, ground, is error without preju-
dice.-Bank of Havelock v. Western Union
Telegraph Co. (C. O. A.) 522.

A party who made no application to the
court to obtain inspection of a document in
the possession of the adverse party cannot as-
sign as error the refusal of such party to per-
mit an inspection.-Tull v. Nash (C. C. A.) 557.

In a joint action against a street car and
omnibus company for personal injuries to a
passenger, with a verdict of not guilty as to
*Point annotated. See syllabus.

ASSIGNMENTS FOR BENEFIT OF
CREDITORS.

the omnibus company and guilty as to the street
car company, on error sued out by the street
car company, no error committed in favor of
the omnibus company can avail plaintiff in
error unless it prejudiced his defense.-Denver See "Bankruptcy," § 2.
City Tramway Co. v. Norton (C. C. A.) 599;
Same v. French, Id.

*In the federal courts the ruling of a trial

ASSOCIATIONS.

court on a motion to set aside a verdict and See "Building and Loan Associations."
grant a new trial is not subject to review.-
J. W. Bishop Co. v. Shelhorse (C. C. A.) 643.

*On a writ of error, the appellate court cannot review questions of fact or determine the weight to be given to evidence which was properly admitted.-J. W. Bishop Co. v. Shelhorse (C. C. A.) 643.

§ 6. Determination and disposition of

cause.

*The reversal of a judgment by an appellate court on the ground that the trial court erred in refusing defendant's motion to direct a verdict in its favor does not entitle defendant to a directed verdict on a second trial, unless the evidence is substantially the same.-Denver & R. G. R. Co. v. Arrighi (Č. C. A.) 67.

APPLIANCES.

ASSUMPTION.

Of risk by employé, see "Master and Servant," §§ 2, 3, 5.

ATTACHMENT.

See "Execution."

ATTORNEY AND CLIENT.

Argument and conduct of counsel at trial in criminal prosecutions, see "Criminal Law,” 882, 4.

1. Retainer and authority.

On change of attorney the court will not

Injury to seaman caused by defects, see "Sea- compel client to pay for services rendered where

men."

APPOINTMENT.

Of commissioners by court of bankruptcy, see "Bankruptcy," § 2.

Of executor or administrator, see "Executors and Administrators," § 1.

APPRAISAL.

the case was taken on a contract for a contingent fee which is of doubtful validity.Silverman v. Pennsylvania R. Co. (C. C.) 382.

2. Compensation and lien of attor

ney.

Attorneys held not entitled to an allowance of fees for services out of the estate of a minor. -Tull v. Nash (C. C. A.) 557.

A contract between attorney and client for a contingent fee held not to have been repudi

Of merchandise subject to duty, see "Customs ated by the attorney, nor the amount to which Duties," § 3.

ARGUMENT OF COUNSEL.

In criminal prosecutions, see "Criminal Law," §§ 2, 4.

ASSESSMENT.

Of compensation for property taken for public use, see "Eminent Domain," § 2.

ASSIGNMENT OF ERRORS.

See "Appeal and Error," § 4.

ASSIGNMENTS.

In bankruptcy, see "Bankruptcy," § 2. Transfers of particular species of property, rights, or instruments.

See "Bills and Notes," § 1; "Chattel Mortgages," § 1.

he was entitled thereunder to have been reduced by the fact that he joined the client as a defendant in a suit contemplated by the contract for the purpose only of having his rights under the contract adjudicated.-Tull v. Nash (C. C. A.) 557.

AUTHORITY.

Of attorney, see "Attorney and Client," § 1.

BAIL.

Release by habeas corpus of persons at large. on bail, see "Habeas Corpus," § 1.

BANKRUPTCY.

Conclusiveness of former adjudication on issue of discharge in bankruptcy, see "Judgment," § 2.

Institution of proceeding in bankruptcy as ground for action for malicious prosecution, see "Malicious Prosecution," § 1.

*Point annotated. See syllabus.

1. Petition, adjudication, warrant,
and custody of property.

A petition in involuntary bankruptcy must
allege that the defendant owes debts to the
amount of $1,000 or over to bring him within
the class of debtors subject to the provisions of
the act as defined by Bankr. Act July 1, 1898,
c. 541, § 4b, 30 Stat. 547 [U. S. Comp. St. 1901,
p. 3423], and the omission of such allegation
leaves the court without jurisdiction to make an
adjudication.-C. C. Taft Co. v. Century Sav.
Bank (C. C. A.) 369.

A district court held to have power to per-
mit the amendment of a petition in involuntary
bankruptcy after a hearing thereon before a
referee, by alleging specific acts of bankruptcy
found by the referee, and which were covered
only by a general allegation, no objection hav-
ing been made on that ground before the ref-
eree.-Chicago Motor Vehicle Co. v. American
Oak Leather Co. (C. C. A.) 518.

Evidence held to sustain the finding of a
referee of the insolvency of an alleged bank-
rupt corporation, and that certain transfers
of property constituted acts of bankruptcy.
Chicago Motor Vehicle Co. v. American Oak
Leather Co. (C. C. A.) 518.

A manufacturing corporation has its prin-
cipal place of business, within the meaning
of Bankr. Act July 1, 1898. c. 541, § 2 (1),
30 Stat. 545 [U. S. Comp. St. 1901, p. 3420],
in the district where it has its plant and main-
tains its business office, although it may be
organized in another state where it keeps a
nominal office, and it is subject to adjudication
in such district after it has ceased business
therein except the liquidation of its affairs.-
Tiffany v. La Plume Condensed Milk Co. (D.
C.) 444.

A person who contracts debts while engaged
in a business which makes him liable to bank-
ruptcy is not to be heard to say that he is not
so engaged, even though he has in fact ceased
to be so, so long as his debts remain unpaid.-
Tiffany v. La Plume Condensed Milk Co. (D.
C.) 444.

A corporation which was engaged in a busi-
ness which subjected it to bankruptcy proceed-
ings when it contracted debts to petitioning
creditors does not change its character and be-
come exempt from such proceeding by stopping
business altogether and going into liquidation,
voluntary or involuntary. Tiffany V. La
Plume Condensed Milk Co. (D. C.) 444.

2.

Assignment, administration, and
distribution of bankrupt's estate.
*A court of bankruptcy has power to order the
sale of any property of a bankrupt clear of
incumbrances, and also, in its discretion, to
appoint commissioners to make the sale; there
being no requirement that such sales shall be
made by the trustee.-Sturgiss v. Corbin (C.
C. A.) 1.

*A sale of property of a bankrupt, made at
public auction, under an order of the court.
in which there was neither fraud nor mistake,

should not be set aside merely on an offer by
an unsuccessful bidder of an advanced price,
amounting to no more than 4 per cent. above
the sale price.-Sturgiss v. Corbin (C. C. A.) 1.
[U. S. Comp. St. 1901, p. 3418], does not con-
Bankr. Act July 1, 1898, c. 541, 30 Stat. 544
fer on a district court general equity jurisdic-
tion to entertain a plenary suit by a third per-
son to cancel the satisfaction of a mortgage,
and to declare a trust in mortgaged property
of a bankrupt which is not in possession of
the trustee, nor a part of the estate for dis-
tribution, and in which general creditors have
no interest.-Brumby v. Jones (C. C. A.) 318.

It is proper, and generally advisable, to sell
the real estate of a bankrupt free from his
wife's inchoate right of dower, with her con-
sent, and to compensate her for such release by
a fair allowance out of the proceeds.-Savage
v. Savage (C. C. A.) 346.

A contract between a man and his divorced
wife by which alimony allowed her by the de-
cree was converted into an annuity for life
secured by a recorded lien on specific property
held not affected by a subsequent remarriage of
the parties, and enforceable against the hus-
band's subsequent creditors in bankruptcy.—
Savage v. Savage (C. C. A.) 346.

A deed of property made by a husband to
his wife by way of gift at a time when he
was not indebted, and which was duly recorded,
is valid as against his subsequent creditors in
bankruptcy.-Savage v. Savage (C. C. A.) 346.

Where property which claimant had contract-
ed to sell to a bankrupt for cash came into its
possession, through mistake of claimant, with-
conditional sale within Code Ga. 1895, § 2776.
out prepayment, the transaction was
not a
but there was in law no delivery, and the, title
remained in claimant by operation of law, and
it was entitled to reclaim the same or its pro-
ceeds from the trustee.-Southern Pine Co. v.
Savannah Trust Co. (C. C. A.) 802.

trict Court for review by a referee in bank-
Where the only matter certified to the Dis-
ruptcy was an order overruling a demurrer
to and denying a motion to strike out por-
tions of a motion filed by a trustee, a subse-
quent order made by the referee on said mo-
tion was not before the District Court for
review.-Ellis v. Krulewitch (C. C. A.) 954.

A bankrupt should not be summarily ordered
to pay over money or deliver property to his
trustee unless the court is morally certain that
he has been guilty of fraudulent concealment,
and that obedience to the order can be enforced.
-In re Sax (D. C.) 223.

Evidence held insufficient to defeat the al-
lowance of notes given by a bankrupt corpo-
ration in payment for stock of another corpo-
ration, either on the ground of fraud or ultra
vires. In re New York Car Wheel Works (D.
C.) 430.

A temporary restraining order granted pend-
ing a hearing on a rule to show cause why an
injunction should not issue restraining the
*Point annotated. See syllabus.