Gambar halaman

way it



en 112 (U.S.C.C.A.N.Y.) Where original no- Finding that children seeking entry were tice of appeal failed to name one of respond- likely to become public charges held unsupportents, subsequent notice within season by such ed by evidence.-Id. respondent supplied any defect.-Pendleton 54(9) (U.S.D.C.Cal.) Deportation order Bros. v. Pearce, 10 F.(20) 692.

held supported by evidence showing likelihood Original notice of appeal, taken out by proc. that persons to_be deported would become tors for respondents without authority, was public charges.-Ex parte Turner, 10 F.(20) sufficient on later ratification by respondents. 816. -Id.

Em 54(16) (U.S.C.C.A.N.Y.) Court cannot inOml17 (U.S.C.C.A.Conn.) Circuit Court of quire into finding and certificate that alien is Appeals will grant motion for amendment to physically defective.-U. S. ex rel. Duner v. answer, and consider same, when that is only Curran, 10 F.(2d) 38.

can ascertain nature of case. The E54(17) (U.S.C.C.A.Mass.) Finding of immiBlairmore I, 10 F.(20) 35.

gration authorities not disturbed, if supported

by any substantial evidence.--Domenici v. JobaX. COST'S.

son, 10 F.(20) 433. On 123 (U.S.D.C.Ohio) Seaman, suing for per

IV. NATURALIZATION, sonal injuries caused by employer's failure to furnish safe place to work, not relieved by 65 (U.S.D.C.Wash.) Application for citistatute from giving bond or deposit for costs zenship by free white alien, providing honorable and fees.--The Bennington, 10 F.(20) 799. discharge from Coast Guard, and record of pre

Only citizen may sue in forma pauperis in liminary examination by naturalization officials, federal court.-Id.

must be granted.-In re Monsen, 10 F.(20) 560. Co 126 (U.S.C.C.A.N.Y.) Expenses of trans- Ow66 (U.S.D.C.Wash.) Applications for citiscript containing irrelevant evidence intro- zenship by free white aliens, proving three duced by appellants will not be allowed to years' service on United States merchant vesthem, though

is reversed.-Pendleton sels and five years' residence, must be granted. Bros. v. Pearce, 10 F.(20) 692.

-In re Monsen, 10 F.(20) 560.

Cwm 71 1/2 (U.S.D.C.Wis.) Court should not canAGENCY.

cel naturalization certificate merely because it

might have resolved doubt against petitioner in See Principal and Agent.

first instance.-U. S. v. Martin, 10 F.(2d) 585.

Naturalization certificate of alien's wife, licALIENATING AFFECTIONS.

ing in United States for little over year beSee Husband and Wife, Om333.

fore naturalization, without intent to remain,

canceled.-Id. ALIENS.


Om6 (U.S.C.C.A.China) United States Court tion card does not authorize admission for pur

for China presumed without jurisdiction of

cause, unless contrary affirmatively appears.pose of permanent residence.-Domenici Johnson, 10 F.(20) 433.

Neuss, Hesslein & Co. v. Van der Stegen, 10 Illiterate alien seaman held not to have been

F.(20) 772. previously "lawfully admitted," and not en

Burden of proving foreign corporation was titled to readmission after absence of less than doing business in China, and subject to jurissix months.-Id.

diction of United States Court for China, held Alien seaman's illegal stay for over three

on plaintiff.-Id. years, held not to legalize his entry, as affect

Petition held insufficient to show New York ing right to re-enter after temporary absence.

corporation subject to jurisdiction of United -Id.

States Court for China.-Id. Illiterate alien held not admissible as immi

That bank exchange credit was to be opened grant returning after temporary absence to an

by corporate buyer in New York held sufficient "unrelinquished domicile" of seven years.-Id.

to show that buyer was not doing business in Cw46 (U.S.C.C.A.N.Y.) Physically defective China.-Id. son of minister, entering country to carry on Service of summons on person not authorhis vocation, held not entitled to enter.-U. S.

ized to close contracts for foreign corpora. ex rel. Duner v. Curran, 10 F.(20) 38.

tion held not to give court jurisdiction.-Id. 5112 [New, vol. 16A Key-No. Series ] (U.S.C.C.A.N.Y.) Wife and children of

ANIMALS. minister entering country before 1924 Immi. See Carriers, C 218–228. gration Act became effective exempt from quota provisions.-U. S. ex rel. Duner v. Curran,

ANTI-TRUST LAWS. 10 F.(2d) 38. ww53 (U.S.D.C.N.Y.) Alien seaman, having See Monopolies, em12–31. entered before the requirement of immigration visa, held not subject to deportation solely_be.

APPEAL AND ERROR. cause of lack thereof (Immigration Acts Feb. See Criminal Law, Cm1023–1202. 5, 1917, § 34, 39 Stat. 896 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, $ 4289148]; May For review of rulings in particular actions or 26, 1924, 8820, 25, 31(c), 43 Stat. 164, 166, proceedings, see also the various specific top169 [Comp. St. Supp. 1925, $8428934), 42893411, 428934n]).-In re Lackides, •10 'F.



IN LOWER COURT OF GROUNDS cm 54 (9) (U.S.C.C.A.Iowa) Embezzlement, un

OF REVIEW. accompanied by circumstances which make act fraud on person whose money is taken, does (A) Issues and Questions in Lower Court. not constitute fraud.-Smith v. Hays, 10 F. m. 169 (U.S.C.C.A.Cal.) Circuit Court of Ap(20) 145.

peals can review only rulings made by trial Total failure of proof of charge that alien court on questions brought to its attention and had committed crime.--Id.

passed on by it.-Hecht v. Alfaro, 10 F.(20) Omw 54 (9) (U.S.C.C.A.N.Y.) Finding that aliens 464. are likely to become public charges must be sup- 179(1) (U.S.C.C.A.Ohio) Procedural errors ported by evidence.-U. S. ex rel. Duner v, Cur- in relocating highway, not alleged in bill to ran, 10 F.(20) 38.

restrain relocation, held not reviewable on ap


one re

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see samo topio and KEY-NUMBER peal.-Weaver v. Pennsylvania-Ohio Power & m850(1) (U.S.C.C.A.Ky.) Law side of case Light Co., 10 F.(20) 759.

held not reviewable for want of findings of fact

or request therefor.-Roark V. Fordson Coal (B) Objections and Motions, and Rulings Co., 10 F.(20) 70. Thereon.

Omw850 (2) (U.S.C.C.A.Tex.) Whole case, both 185(1) (U.S.C.C.A.Hawaii) Surety on exec- on facts and law, held before appellate court.utor's bond, appearing and participating in pro- Griffin v. Thompson, 10 F.(20) 127. ceedings, waived right to jury trial, and ob- 854 (2) (U.S.C.C.A.Hawaii) Error held not jection to jurisdiction made in Circuit Court of assignable to reasoning of court's opinion.-U. Appeals was too late.-U. S. Fidelity & Guar- S. Fidelity & Guaranty Co. v. Vicars, 10 F. anty Co. v. Vicars, 10 F.(20) 474.

(20) 474. Ow209(1) (U.S.C.C.A.Cal.) Assignment of error directed to verdict and judgment as unsup

(C) Parties Entitled to Allege Error. ported by evidence presents nothing for con- C879 (U.S.C.C.A.N.Y.) Additional assignsideration of appellate court.—Hecht v. Alfaro, ments of error by trustee in bankruptcy not 10 F.(20) 464.

considered, where not contained in record, and 209(0) (U.S.C.C.A.Okl.) Question of sufficiency of evidence to support a special finding, Co. v. Royal Bank of Canada, 10 F.(20) 679.

trustee did not appear as party.-Federal Coal not presented to and ruled on by trial court, 882(11) (U.S.C.C.A.III.) Party may not not reviewable on writ of error.–First Nat. complain of lack of evidence stricken out on Bank v. Litteer, 10 F.(20) 447. en231 (3) (App.D.C.) Objection to scraps of Howell, 10 F.(20) 969.

his own motion.-McNeil & Higgins Co. v. paper held not to raise question as to lack of 882 (12) (U.S.C.C.A.Okl.) Charge on measproof of handwriting.–Trenerry v. Fravel, 10

ure of damages on F.(20) 1011.

same theory as

quested could not be complained of.-Griffin When objection to evidence, without state

Grocery Co. v. Richardson, 10 F.(20) 467. ment of grounds therefor, sufficient, stated. -Id.

(E) Presumptions. Om 242(1) (U.S.C.C.A.Cal.) Circuit Court of Appeals can review only rulings made by trial Em907(2) (U.S.C.C.A.Tex.) Where evidence is court on questions brought to its attention not included in record, findings of fact assumed and passed on by it.-Hecht v. Alfaro, 10 F.

correct.-Walker Grain Co. v. Southwestern (20) 464.

Telegraph & Telephone Co., 10 F.(20) 272. ww242(4) (U.S.C.C.A.Okl.) Question of suffi

ww926 (7) (U.S.C.C.A.Ky.) Circuit Court of ciency of evidence to support a special finding,

Appeals will assume physician sufficiently qualnot presented to and ruled on by trial court,

ified as expert, where no objection was made. not reviewable on writ of error.–First Nat.

-Hardy-Burlingham Mining Co. v. Baker, 10 Bank v. Litteer, 10 F.(20) 447.

F.(20) 277. (C) Exceptions.

(F) Discretion of Lower Court. On 273(5) (U.S.C.C.A.N.Y.) Exception to in

Om977 (5) (U.S.C.C.A.Tex.) Refusal of new struction implying liability if defendant failed

trial is within discretion of trial judge, and erto provide either of protective devices should

ror cannot be assigned thereon.--Adkins-Polk have been taken.-U. S. Steel Products Co. v.

& Co. v. G. Amsinck & Co., 10 F.(2d) 361. Noble, 10 F.(20) 89.

Cw979(1) (U.S.C.C.A.N.C.) Discretion of tri

al court in passing on sufficiency of evidence, VI. PARTIES.

and in refusing to set verdict aside, is not reEm323(2) (U.S.C.C.A.La.) Defendant could

viewable, in absence of clear abuse.-Grissom appeal, without joining other parties enjoined,

v. Sternberger, 10 F.(20) 764. where its interest was separate.-Union Cent. Life Ins. Co. v. I. Baer Co., 10 F.(20) 153.

(G) Questions of Fact, Verdicts, and

Findings. 324 (U.S.C.C.A.La.) Defendant could appeal, without joining other parties enjoined, m997(3) (U.S.C.C.A.Neb.) Appellate court or having a severance as to them, where its may not lawfully reverse judgment directed by interest was separate.-Union Cent. Life Ins. trial court on conflicting evidence, unless it is Co. v. I. Baer Co., 10 F.(20) 153.

convinced that evidence was not so conclusive

that opposite verdict could not have been susXI. ASSIGNMENT OF ERRORS.

tained.-W. J. Foye Lumber Co. v. Pennsylvania -730(2) (U.S.C.C.A.Tex.) Noncompliance R. Co., 10 F.(20) 437. with rule held to justify refusal to consider as

Om 1010(1) (U.S.C.C.A.Mass.) Circuit Court signments of error to general charge.--Adkins- of Appeals held authorized to determine whethPolk & Co. v. G. Amsinck & Co., 10 F.(20) 361. er there was any substantial evidence to supCm731(5) (U.S.C.C.A.Cal.) Assignment of er

port finding.-C. C. Mengel & Bro. Co. v. Hanror directed to verdict as unsupported by evi- dy Chocolate Co., 10 F. (20) 293. dence presents nothing for consideration of ap

u 1011(1) (U.S.C.C.A.N.Y.) Circuit Court pellate court.-Hecht v. Alfaro, 10 F.(20)

of Appeals will not re-examine finding of Dis464.

trict Court on a controverted question of fact. 733 (U.S.C.C.A.Cal.) Assignment of error -Dempsey v. Merritt, Chapman & Scott Cordirected to judgment as unsupported by evi- poration, 10 F.(2d) 687. dence presents nothing for consideration of Emo 1012(1) (U.S.C.C.A.Ohio) District Court's appellate court.-Hecht v. Alfaro, 10 F.(20) conclusion that relocation of highway was not 464.

abuse of power should be accepted on appeal,

unless evidence decidedly preponderates XIII. DISMISSAL, WITHDRAWAL, OR against it.-Weaver v. Pennsylvania-Ohio PowABANDONMENT.

er & Light Co., 10 F.(20) 759. m786 (U.S.C.C.A.Tex.) Frivolous appeal, taken for delay only, dismissed on motion.

(H) Harmless Error. Robertson v. Wilkinson, 10 F.(20) 311.

1033(7) (U.S.C.C.A.Mich.) Finding in faXVI. REVIEW.

vor of litigant not ground for complaint.-Walz

v. Fidelity-Phenix Fire Ins. Co. of New York, (A) Scope and Extent In General.

10 F.(2d) 22. 849(2) (U.S.C.C.A.Kys) Statute held

to Caw 1050 (1) (U.S.C.C.A.Tex.) Admission of require court to hear equitable branch of case, evidence of statements before execution of though not before it on appeal.-Roark v. guaranty held harmless.-Griffin v. Thompson, Fordson Coal Co., 10 F.(20) 70.

10 F.(20) 127.


1056(6) (U.S.C.C.A.Miss.) Exclusion of

ARREST. evidence not sufficient to change result held

II. ON CRIMINAL CHARGES. harmless.-Planters' Oil Mill & Gin Co. v. A. K. Burrow Co., 10 F.(20) 312.

Omw 63(3) (U.S.C.C.A.N.Y.) Prohibition officer en 1064(1) (U.S.C.C.A.Ill.) Erroneous in- had power to arrest defendants, engaged in struction that breach of contract to purchase manufacturing liquor, after entry through sugar occurred on particular date held not premises not occupied by defendant (National prejudicial, in view of evidence that, during Prohibition Act, tít. 2, & 2, 3, 25, 26, 28, 38 all times in controversy price of sugar never

[Comp. St. Ann. Supp. 1923, $$ 1013812a, exceeded price on that date, which evidence on

1013872 aa, 1013812m, 1013812mm, 10138420, motion of plaintiff in error was erroneously 1013812y]).-Rouda v. U. s., 10 F.(20) 916. stricken.-McNeil & Higgins Co. v. Howell, 10 w71 (U.S.C.C.A.Neb.) Recovery of marked F.(20) 969.

bill paid for liquor and its use in evidence Om 1064(!) (U.S.C.C.A.Ind.) Instruction hcld not violative of defendant's constitutional to when breach of contract occurred held re- rights.-Furlong v. U. S., 10 F.(20) 492. versible error.-Hanging Rock Iron Co. v. P. H. & F. M. Roots Co., 10 F.(20) 154.


See Criminal Law, m970.

(C) Modification,
1151 (2) (U.S.C.C.A.N.Y.) Amount of ver-

See Taxation, m480_485. dict may not be modified.--Lehigh Valley R.

ASSOCIATIONS. Co. v. Beltz, 10 F.(20) 74.

See Beneficial Associations. (D) Reversal.

Om2 (U.S.C.C.A.N.Y.) State statute author. ww1177(7) (U.S.C.C.A.N.Y.), Entry of judg. izing service of process on certain officers of ment by appellate court held unwarranted, unincorporated associations held not invalid, as thoughproof warranted directed verdict. - violative of right to equal protection of law Royal Bank of Canada v. Universal Export (General Associations Law [Consol. Laws N. Corporation, 10 F.(20) 669.

Y. c. 29] § 13).-Bobe v. Lloyds, 10 F.(20)


Om 20(2) (U.S.C.C.A.N.Y.) President or treasOm 1237 (U.S.C.C.A.Tex.) District Court, aft- N. Y. § 13).—Bobe v. Lloyds, 10 F.(20) 730.

urer of association (General Associations Law er affirmance of judgment as modified by Circuit Court of Appeals, held not without juris

ASSUMPTION OF RISK. diction to enter judgment against surety on supersedeas bond.-Robertson v. Wilkinson, 10 See Master and Servant, em 204. F.(20) 311, Om 1241 (U.S.C.C.A.Tex.) Surety on superse

ATTACHMENT. deas bond will not be heard to attack its va

See Garnishment.
lidity, and is bound to pay judgment against
his principal.-Robertson Wilkinson, 10

F.(20) 311.

See Criminal Law, m728–730; Trial, 132,

133. Pa 9(1) (App.D.C.) Defendant, denied any standing as party to record, held not to have I. THE OFFICE OF ATTORNEY. made general appearance, conferring jurisdic

(C) Suspension and Disbarment. tion.–Trask v. Karrick, 10 F.(20) 995. em 9(2) (U.S.C.C.A.China) Defendant's plea have been disbarred, or only suspended, pend

mm 57 (App.D.C.) Whether attorney should to jurisdiction held special and not general appearance, notwithstanding


ing appeal from conviction, held moot question, Hesslein' & Co. v. Van der Stegen, 10 F.(20)

when conviction was affirmed.-Whitaker v. 772.

Grievance Committee of Supreme Court of ARGUMENT OF COUNSEL.

District of Columbia, 10 F.(20) 1013. See Criminal Law, Om728-730; Trial, 132,


72 (U.S.C.C.A.Ohio) Evidence held to show ARMY AND NAVY.

counsel authorized to make settlement on terms Ew 20 (U.S.C.C.A.Minn.) Government charg. named in agreement.Baldwin Law Pub. Co. v. ing violation of Draft Act, held to have burden

Mog, 10 F.(2d) 269. to show county named was actual legal resi

ATTORNEY GENERAL. dence of defendant on June 5, 1917, and to have failed to maintain such burden (Selec- Em9 (U.S.D.C.lowa) State Attorney General tive Draft Act, $ 5 [Comp. St. 1918, Comp. St.

should institute, or be made defendant in, suit Ann. Supp. 1919, § 20412); Proclamation of to have college endowment fund administered President May 18, 1917_(40 Stat. 1665]). - under cy pres doctrine..Schell v. Leander Clark Clemmings v. U. S., 10 F.(20) 751.

College, 10 F.(20) 542. 23 (U.S.C.C.A.N.Y.) “Retainer pay" is compensation to enlisted men not rendering ac

AUTOMOBILES. tive service; "allowance;" "gratuity.”-Saw- V. INJURIES FROM OPERATION, OR USE yer v. U. S., 10 F.(20) 416,

OF HIGHWAY. 5112. [New, vol. 12A Key-No. Series]

(B) Actions. quis.C.C.A.N.Y.) Regulations of Director of Bureau of War Risk Insurance held to

Omm 246(3) (U.S.C.C.A.Ohio) Instruction on have force of law.–Sawyer v. U. S., 10 F.(20)

presumption under statute as to reasonableness 416.

of speed held improperly denied.-Nussbaum v. Failure to send check for insurance premium Atlas Laundi Co., 10 F.(20) 353. held to forfeit policy.--Id.

VII. OFFENSES AND PROSECUTIONS. 5112 [New, vol. 12A Key-No. Series] (U.S.D.C.Mont.) Mere mailing of notice

(A) Offenses. of change of beneficiary under war risk policy ww341 (U.S.C.C.A.Kan.) Violation of Nationinsufficient.-Leahy v. U. S., 10 F.(20) 617. al Motor Vehicle Theft Act may be committed, nite property found in bankrupt's possession. (A) Jurisdiction and Course of Procedure -Id. in General.

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For cases In Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER though vehicle has not left state.-Cardigan v.

(B) Voluntary Proceedings. Biddle, 10 F.(20) 444.

m43 (U.S.D.C.Minn.) Filing of voluntary pe(B) Prosecution and Punishment.

tition by corporation's president, without au

thority by board of directors, held not to give 355 (U.S.C.C.A.Cal.) Evidence held to sus- court jurisdiction.-In re Community Book Co., tain conviction for transporting stolen auto- 10 F.(20) 616. mobile in interstate commerce.-Pearlman v. U. O 43 (U.S.D.C.Pa.) President of corporation S., 10 F.(20) 460.

cannot of his own motion lawfully put corpora

tion in bankruptcy by means of voluntary peBAIL.

tition.--In re Farrell Realty Co., 10 F.(2d) 612. II. IN CRIMINAL PROSECUTIONS. Cm 44 (U.S.D.C.Minn.) Objection to amendable

defects of voluntary petition, made after adjudiCm42 (U.S.C.C.A.) Appeals may be discour- cation, held too late.-In re Community Book aged by right exercise of discretion as to bail, Co., 10 F.(20) 616. and proper exercise of discretion is never arbi- ou 5! (U.S.D.C.Minn.) Adjudication on peti. trary, fanciful, or capricious, but is governed tion by corporation's president filed without by reason and law applicable to cases under authority must be vacated.-In re Community consideration.-U. S. v. Motlow, 10 F.(20) 657. Book Co., 10 F.(20) 616.

w 44 (U.S.C.C.A.) Persons convicted of con- Om51 (U.S.D.C.Pa.) Voluntary adjudication spiracy to violate National Prohibition Act not set aside on petition of corporation or held entitled to bail pending review (Circuit stockholders after rights of_innocent purchasCourt of Appeals rule 32; National Prohibition ers have intervened.-In re Farrell Realty Co., Act (Comp. St. Ann. Supp. 1923, § 1013844 et 10 F.(22) 612. seq.); Judicial Code, 88 119–122 [Comp. St. Minority stockholders' petition to set aside 88 1111-1114); Rev. St. 88 1007, 1014, 1015, adjudication filed six months after adjudication 1016 [Comp. St. 8$ 1666, 1674, 1679, 1680); held too late, where rights of innocent purConst. Amend. 8; Act Feb. 13, 1925, 8 8, subd. chasers had intervened.-Id. "C" [Comp. St. Supp. 1925,8 1126b]; Or- Adjudication not set aside for fraud, because dinance July 13, 1787, art. 2 (Comp. St. 1918, corporation's voluntary petition was filed to p. 6]):-U. S. v. Motlow, 10 F.(20) 657. prevent state receivership on behalf of minori

Applicants for bail pending review of con- ty stockholders.-Id.
viction are not required to show that they are
entitled to a reversal.-Id.

(C) Involuntary Proceedings. w47 (U.S.C.C.A.) Where writ has been is. em 60 (U.S.C.C.A.Ohio) Company held to have sued and citation served in criminal case, Cir- "applied" for appointment of receiver, within cuit Justice, who is member of Circuit Court meaning of Bankruptcy Act.-In re Bucyrus of Appeals reviewing case, is authorized to fix Road Machinery Co., 10 F.(20) 333. and allow bail.-U. S. v. Motlow, 10 F.(20) 657. "Insolvency," in bankruptcy sense, is con

Power to grant bail is attended by duty to templated by provision of Bankruptcy Act des hear applications therefor.-Id.

fining acts of bankrupt.-Id. m49 (U.S.C.C.A.) Writ of error operates as Company held "going concern,” entitled to supersedeas, requiring prisoners' return to cus- have its assets so valued in determining questody of District Court to which his application tion of solvency at time of appointment of refor bail will be remitted.--Howell v. U. S., 10 ceiver.-Id. F.(20) 504.

Om81 (4) (U.S.C.C.A.Minn.) Averment of act 649 (U.S.C.C.A.) Refusal of bail, after con- of bankruptcy in language of statute is insuffiviction by trial judge and two circuit judges, cient.--Hovland v. Farmers' State Bank of should be considered but not allowed to con- Christine, N. D., 10 F.(20) 478. trol on subsequent application.-U. S. v. Mot. Om 84 (U.S.C.C:A.Minn.) Acts of bankruptcy, low, 10 F.(20) 657.

not alleged in original petition, cannot be w 52 (U.S.C.C.A.) Eighth Amendment, pro- charged by amendment filed more than four viding that excessive bail shall not be re- months after commission of acts of bankruptcy. quired, safeguards right to bail, at least be- -Hovland v. Farmers' State Bank of Chris. fore trial, and is intended to prevent denial of tine, N. D., 10 F.(20) 478. bail by fixing amount thereof unreasonably

Amendment to petition in bankruptcy held not high.-U. S. v. Motlow. 10 F.(20) 657.

to relate back to original petition.--Id. Omw 55 (U.S.C.C.A.Cal.) Bond 'held sufficient 91 (2), (U.S.C.C.A.Minn.) Finding that alpromise by sureties to pay specific sum.-Moran leged bankrupt had domicile at certain place v. U. S., 10 F.(20) 455.

held supported by evidence.-Hovland v. Farm58 (U.S.C.C.A.Cal.) Bail bond, reciting vi

mers' State Bank of Christine, N. D., 10 F. olation of federal statute, held sufficiently to

(20) 478. describe offense to bind sureties.-Moran V. U. S., 10 F.(20) 455.


AND DISTRIBUTION OF BANKOm 59 (U.S.C.C.A.Cal.) Bond need not state

RUPT'S ESTATE. court in which accused is to appear.-Moran v. U. S., 10 F.(20) 455.

(B) Assignment, and Title, Rights, and

Remedies of Trustee in General. Bond held sufficient as against contention that it did not name court.-Id.

Om 136(2) (U.S.C.C.A.N.Y.) Showing of large

purchases preceding bankruptcy and inability BANKRUPTCY.

to account for goods warrants inference of

concealment.-In re H. Magen Co., 10 F.(20) II. PETITION, ADJUDICATION, WARRANT, 91. AND CUSTODY OF PROPERTY.

Turn-over order warranted, though no defi

Evidence held to warrant turn-over order. Omll (U.S.C.C.A.Neb.) Court proceeds in ac- -Id. cordance with equitable principles and looks Property traced to bankrupt's possession and through form to substance.-Harris v. M. F. unaccounted for may be presumed under bankShafer & Co., 10 F.(2d) 351.

rupt's control.-Id. Om 14 (U.S.C.C.A.Minn.) Domicile held to re- When turn-over order is warranted stated. main unchanged, notwithstanding determination -Id. to acquire new domicile which had not been fm 139(1/2) (U.S.D.C.N.Y.) Corporation, takdefinitely chosen.-Hovland v. Farmers' State ing assignment of lease with forfeiture clause Bank of Christine, N. D., 10 F.(20)-478.

on bankruptcy of tenant, not bound by such Ostate, cepted in contemplation of bankruptcy cannot ww314(2) (U.S.C.C.A.N.J.) Attorney's claim be upheld, though there be present considera- for services after filing of petition held not tion.-Lovett v. Faircloth, 10 F.(20) 301.

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clause, and lease becomes asset_on bankruptcy w 199 (U.S.C.C.A.Colo.) Lien of judgment of corporation.-In re Famous Fain Co., 10 F. creditor not avoided, where it did not appear (2d) 540,

that bankrupt was insolvent when lien was Om 140(12) (U.S.D.C.Cal.) Property to which created.–First State Bank of Crook, Colo., v. bankrupt has no ownership right does not be- Fox. 10 F.(2d) 116. come part of bankrupt estate. -Lynch v. Lentz, On 212 (U.S.C.C.A.N.Y.) Claimants' allegation 10 F.(20) 561.

held not to show deposit of check.-In re GuOm 140(1) (U.S.D.C.Cal.) Water heaters in belman, 10 F.(20) 926. possession of sales company held not to become Trustee's denial of knowledge or informapart of bankrupt estate.-Lynch v. Lentz, 10 F. ţion sufficient to form a belief as to allegations (21) 561.

in reclamation petition not admission thereof. em 14003) (U.S.C.C.A.N.Y.) Receiver in bank- -Id. ruptcy of partnership banking house held en- Depositors have burden of proving alleged titled to proceeds of check.-- In re Gubelman, fraudulent receipt of deposits.-Id. 10 F.(20) 926.

Omw 217(1) (U.S.C.C.A.La.) Suit to foreclose Receiver in bankruptcy of partnership bank- mortgages executed by bankrupt not interfered ing house held not entitled to proceeds of check with by bankruptcy court, except in plenary not collected until after filing of petition in suit challenging validity of mortgages bankruptcy.--Id.

against bankrupt's creditors.-Union Cent. Life Receiver in bankruptcy of partnership bank. Ins. Co. v. I. Baer Co., 10 F.(20) 153. ing house held entitled to proceeds of cashier's check previously credited to depositor's ac

(D) Administration of Estate. count,-id.

em224 (U.S.C.C.A.Colo:) Objection that refBanking partnership. fraudulently receiving deposits, holds as trustee ex maleficio, subject reclaim proceeds of property held by mortga

eree was without jurisdiction of proceeding to to depositor's right of reclamation.-Id.

gee came too late.--First State Bank of Crook, Rule relating to fraudulent receipt of de

Colo., v. Fox, 10 F.(20) 116. posits and depositor's right to reclaim stated.

em 252 (U.S.C.C.A.Tex.) Trustee may, with -Id. cm 140 (3) (U.S.C.C.A.N.Y.) Receiver in bank- approval of court, compromise controversy con

cerning bankrupt estate.-Hamilton-Brown ruptcy of payee of check drawn for account of another held not entitled to proceeds collected Shoe Co. v. Ben L. Berwald Shoe Co., 10 F.

(20) 275. after filing of petition in bankruptcy.-In re Gubelman, 10 F.(20) 935.

Trustee held not authorized to accept offer

to compromise claims against bankrupt's offiAs respects rights on payee's bankruptcy,

cers individually over objections of certain drawer of check, in favor of person other than

creditors.--Id. payee, makes payee a fiduciary on his accept

Bankrupt corporation's stockholders, offering ance.-Id. Cum 140(3) (U.S.C.C.A.Pa.) Under bankrupt's ed exactly as made, or not at all.-Id.

compromise, held entitled to have offer acceptcontract to pay Board of Commerce commis

m262(3) (U.S.D.C.N.Y.) Motion for order sion on freight overcharges recovered, board directing bankruptcy trustee to sell mortgaged held entitled to commission.-In re George Wal- property denied, on condition that trustee be ter & Sons, 10 F.(20) 463.

made party to mortgage foreclosure proceedcm 149 (U.S.C.C.A.Okl.) Barkruptcy of single ing.-In re Myrtle Plumbing Supplies, 10 F.(20) partner in mining partnership held not to in

374. terfere with partnership business, nor with rights of partners inter se.--Sturm v. Ulrich,

(E) Actions by or Against Trustee. 10 F.(20) 9.

em 288(1) (U.S.C.C.A.Colo.) Mortgagee waiv152 (U.S.C.C.A.N.Y.) When petition in ed right to have its title to property claimed bankruptcy legally “filed” stated; "filing."-In by trustee of bankrupt adjudicated in plenary re Gubelman, 10 F.(20) 926.

action.---First State Bank of Crook, Colo., v.

Fox, 10 F.(20) 116. (C) Preferences and Transfers by Bank

C293 (4) (U.S.C.C.A.Okl.) Court held to rupt, and Attachments and other

have jurisdiction to administer property of solLiens.

vent mining partnership in which single partOm 176 (U.S.C.C.A.S.D.) Conveyance of realty


was bankrupt.-Sturm v. Ulrich, 10 F. by insolvent husband to his wife in perform- (20) 9. ance of valid contract held not in fraud of cred- em 303(1) (U.S.C.C.A.Colo.). Trustee had bur. itors.-Folsom v. Seapy, 10 F.(2d) 322.

den of proving insolvency of bankrupt, when On 178(1) (U.S.C.C.A.S.D.) Real estate trans

judgment lien was obtained to avoid it.-First action between husband, wife, and third per- State Bank of Crook, Colo., v. Fox, 10 F.(20) son held to result in gift to wife during in- 116. solvency of husband, recoverable by trustee in

C303 (3) (U.S.C.C.A.Colo.) Insolvency anbankruptcy.-Folsom v. Seapy, 10 F.(20) 322. terior to filing of bankruptcy petition not esC180 (U.S.C.C.A.Ga.) Proof of intent to hin

tablished by failure to realize from sales of der and delay is proof of actual fraud.-Lovett bankrupt's property, after adjudication, an v. Faircloth, 10 F.(2d) 301.

amount sufficient to pay his debts.-First State Om 184(2) (U.S.C.C.A.Md.) Claim under mort- Bank of Crook, Colo., v. Fox, 10 F.(20) 116. gage withheld from record, so as not to affect

303(3) (U.S.C.C.A.Ga.) Evidence held to mortgagor's credit, properly expunged and dis

show that lien was given and accepted in conallowed.-Crothers v. Soper, 10 F.(20) 793. templation of bankruptcy.-Lovett v. Faircloth, em 184(3) (U. S. C. 0. A. Colo.) Lien of mort. 10 F.(20) 301. gagee under valid mortgage executed

Evidence held to show that debtor intended than four months prior to filing of petition to hinder and delay creditors by conveyance, in bankruptcy by mortgagor held not avoided and conveyance therefore void.-Id. by bankruptcy.--First State Bank of Crook, Colo., v. Fox, 10 F.(20) 116.

(F) Claims Against and Distribution of Omw 188(1) (U.S.C.C.A.Ga.) Lien given or ac

provable.-In re Townsend, 10 F.(20) 790. C 191 (1) (U.S.D.C.Tex.) Landlord, filing 316(1) (U.S.C.C.A.Neb.) Receiver of corstatement of claim for rent, held entitled to poration held entitled to allowance of claims lien for entire period of unpaid rent (Rev. St. against bankrupt corporation for money loanTex. 1925, art. 5238).-In re McLaughlin, 10 ed bankrupt on notes.-Harris v. M. F. Shafer F.(20) 810.

& Co., 10 F.(2d) 351.


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