(B) Objections and Motions, and Rulings Thereon.

185(1) (U.S.C.C.A.Hawaii) Surety on executor's bond, appearing and participating in proceedings, waived right to jury trial, and objection to jurisdiction made in Circuit Court of Appeals was too late.-U. S. Fidelity & Guaranty Co. v. Vicars, 10 F.(2d) 474.

209(1) (U.S.C.C.A.Cal.) Assignment of error directed to verdict and judgment as unsupported by evidence presents nothing for consideration of appellate court.-Hecht v. Alfaro, 10 F. (2d) 464.

209 (1) (U.S.C.C.A.Okl.) Question of sufficiency of evidence to support a special finding, not presented to and ruled on by trial court, not reviewable on writ of error.-First Nat. Bank v. Litteer, 10 F. (2d) 447.

231 (3) (App.D.C.) Objection to scraps of paper held not to raise question as to lack of proof of handwriting.-Trenerry v. Fravel, 10 F. (2d) 1011.

When objection to evidence, without statement of grounds therefor, sufficient, stated. -Id.

242(1) (U.S.C.C.A.Cal.) Circuit Court of Appeals can review only rulings made by trial court on questions brought to its attention and passed on by it.-Hecht v. Alfaro, 10 F. (2d) 464.

242 (4) (U.S.C.C.A.Okl.) Question of sufficiency of evidence to support a special finding, not presented to and ruled on by trial court, not reviewable on writ of error.-First Nat. Bank v. Litteer, 10 F. (2d) 447.

(C) Exceptions.

273 (5) (U.S.C.C.A.N.Y.) Exception to instruction implying liability if defendant failed to provide either of protective devices should have been taken.-U. S. Steel Products Co. v. Noble, 10 F.(2d) 89.

VI. PARTIES.

could

323(2) (U.S.C.C.A.La.) Defendant appeal, without joining other parties enjoined, where its interest was separate.-Union Cent. Life Ins. Co. v. I. Baer Co., 10 F. (2d) 153.

324 (U.S.C.C.A.La.) Defendant could appeal, without joining other parties enjoined, or having a severance as to them, where its interest was separate.-Union Cent. Life Ins. Co. v. I. Baer Co., 10 F. (2d) 153.

XI. ASSIGNMENT OF ERRORS.

730 (2) (U.S.C.C.A.Tex.) Noncompliance with rule held to justify refusal to consider assignments of error to general charge.-AdkinsPolk & Co. v. G. Amsinck & Co., 10 F. (2d) 361.

731(5) (U.S.C.C.A.Cal.) Assignment of error directed to verdict as unsupported by evidence presents nothing for consideration of appellate court.-Hecht v. Alfaro, 10 F. (2d) 464.

733 (U.S.C.C.A.Cal.) Assignment of error directed to judgment as unsupported by evidence presents nothing for consideration of appellate court.-Hecht v. Alfaro, 10 F. (2d) 464.

held not reviewable for want of findings of fact or request therefor.-Roark v. Fordson Coal Co., 10 F. (2d) 70.

850 (2) (U.S.C.C.A.Tex.) Whole case, both on facts and law, held before appellate court.Griffin v. Thompson, 10 F. (2d) 127.

854 (2) (U.S.C.C.A.Hawaii) Error held not assignable to reasoning of court's opinion.-U. S. Fidelity & Guaranty Co. v. Vicars, 10 F. (2d) 474.

(C) Parties Entitled to Allege Error.

879 (U.S.C.C.A.N.Y.) Additional assignments of error by trustee in bankruptcy not considered, where not contained in record, and trustee did not appear as party.-Federal Coal Co. v. Royal Bank of Canada, 10 F. (2d) 679.

882(11) (U.S.C.C.A.III.) Party may not complain of lack of evidence stricken out on his own motion. McNeil & Higgins Co. v. Howell, 10 F. (2d) 969.

882(12) (U.S.C.C.A.Okl.) Charge on measure of damages on same theory as one requested could not be complained of.-Griffin Grocery Co. v. Richardson, 10 F. (2d) 467.

(E) Presumptions.

907(2) (U.S.C.C.A.Tex.) Where evidence is not included in record, findings of fact assumed correct. Walker Grain Co. v. Southwestern Telegraph & Telephone Co., 10 F. (2d) 272.

926(7) (U.S.C.C.A.Ky.) Circuit Court of Appeals will assume physician sufficiently qualified as expert, where no objection was made. -Hardy-Burlingham Mining Co. v. Baker, 10 F. (2d) 277.

(F) Discretion of Lower Court.

977 (5) (U.S.C.C.A.Tex.) Refusal of new trial is within discretion of trial judge, and error cannot be assigned thereon.--Adkins-Polk & Co. v. G. Amsinck & Co., 10 F. (2d) 361.

979(1) (U.S.C.C.A.N.C.) Discretion of trial court in passing on sufficiency of evidence, and in refusing to set verdict aside, is not reviewable, in absence of clear abuse.-Grissom v. Sternberger, 10 F. (2d) 764.

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

997 (3) (U.S.C.C.A.Neb.) Appellate court may not lawfully reverse judgment directed by trial court on conflicting evidence, unless it is convinced that evidence was not so conclusive that opposite verdict could not have been sustained.-W. J. Foye Lumber Co. v. Pennsylvania R. Co., 10 F.(2d) 437.

1010(1) (U.S.C.C.A.Mass.) Circuit Court of Appeals held authorized to determine whether there was any substantial evidence to support finding.-C. C. Mengel & Bro. Co. v. Handy Chocolate Co., 10 F. (2d) 293.

1011(1) (U.S.C.C.A.N.Y.)

Circuit Court of Appeals will not re-examine finding of District Court on a controverted question of fact. -Dempsey v. Merritt, Chapman & Scott Corporation, 10 F. (2d) 687.

1012(1) (U.S.C.C.A.Ohio) District Court's conclusion that relocation of highway was not abuse of power should be accepted on appeal, unless evidence decidedly preponderates against it.-Weaver v. Pennsylvania-Ohio Power & Light Co., 10 F. (2d) 759.

(H) Harmless Error.

1033 (7) (U.S.C.C.A.Mich.) Finding in favor of litigant not ground for complaint.-Walz v. Fidelity-Phoenix Fire Ins. Co. of New York, 10 F. (2d) 22. of

1050 (1) (U.S.C.C.A.Tex.) Admission evidence of statements before execution of guaranty held harmless.-Griffin v. Thompson, 10 F. (2d) 127.

T

(B) Prosecution and Punishment. 355 (U.S.C.C.A.Cal.) Evidence held to sustain conviction for transporting stolen automobile in interstate commerce.-Pearlman v. U. S., 10 F. (2d) 460.

BAIL.

II. IN CRIMINAL PROSECUTIONS.

42 (U.S.C.C.A.) Appeals may be discouraged by right exercise of discretion as to bail, and proper exercise of discretion is never arbitrary, fanciful, or capricious, but is governed by reason and law applicable to cases under consideration.-U. S. v. Motlow, 10 F. (2d) 657.

44 (U.S.C.C.A.) Persons convicted of conspiracy to violate National Prohibition Act held entitled to bail pending review (Circuit Court of Appeals rule 32; National Prohibition Act [Comp. St. Ann. Supp. 1923, § 101384 et seq.]; Judicial Code, §§ 119-122 [Comp. St. 88 1111-1114]; Rev. St. 88 1007, 1014, 1015, 1016 [Comp. St. §§ 1666, 1674, 1679, 1680]; Const. Amend. 8; Act Feb. 13, 1925, § 8, subd. "e" [Comp. St. Supp. 1925, § 1126b]; Ordinance July 13, 1787, art. 2 [Comp. St. 1918, p. 6]).-U. S. v. Motlow, 10 F. (2d) 657.

Applicants for bail pending review of conviction are not required to show that they are entitled to a reversal.-Id.

47 (U.S.C.C.A.) Where writ has been issued and citation served in criminal case, Circuit Justice, who is member of Circuit Court of Appeals reviewing case, is authorized to fix and allow bail.-U. S. v. Motlow, 10 F. (2d) 657. Power to grant bail is attended by duty to hear applications therefor.-Id.

49 (U.S.C.C.A.) Writ of error operates as supersedeas, requiring prisoners' return to custody of District Court to which his application for bail will be remitted.-Howell v. U. S., 10 F. (2d) 504.

(B) Voluntary Proceedings.

43 (U.S.D.C.Minn.) Filing of voluntary petition by corporation's president, without authority by board of directors, held not to give court jurisdiction.-In re Community Book Co., 10 F.(2d) 616.

43 (U.S.D.C.Pa.) President of corporation cannot of his own motion lawfully put corporation in bankruptcy by means of voluntary petition.--In re Farrell Realty Co., 10 F. (2d) 612.

44 (U.S.D.C.Minn.) Objection to amendable defects of voluntary pétition, made after adjudication, held too late.-In re Community Book Co., 10 F. (2d) 616.

51 (U.S.D.C.Minn.) Adjudication on petition by corporation's president filed without authority must be vacated.-In re Community Book Co., 10 F. (2d) 616.

51 (U.S.D.C.Pa.) Voluntary adjudication not set aside on petition of corporation or stockholders after rights of innocent purchasers have intervened.-In re Farrell Realty Co., 10 F.(2d) 612.

Minority stockholders' petition to set aside adjudication filed six months after adjudication held too late, where rights of innocent purchasers had intervened.-Id.

Adjudication not set aside for fraud, because corporation's voluntary petition was filed to prevent state receivership on behalf of minority stockholders.-Id.

(C) Involuntary Proceedings.

60 (U.S.C.C.A.Ohio) Company held to have "applied" for appointment of receiver, within meaning of Bankruptcy Act.-In re Bucyrus Road Machinery Co., 10 F. (2d) 333.

"Insolvency," in bankruptcy sense, is contemplated by provision of Bankruptcy Act defining acts of bankrupt.-Id.

Company held "going concern," entitled to have its assets so valued in determining question of solvency at time of appointment of receiver.-Id.

81(4) (U.S.C.C.A.Minn.) Averment of act of bankruptcy in language of statute is insufficient. Hovland v. Farmers' State Bank of Christine, N. D., 10 F. (2d) 478.

52 (U.S.C.C.A.) Eighth Amendment, providing that excessive bail shall not be required, safeguards right to bail, at least before trial, and is intended to prevent denial of bail by fixing amount thereof unreasonably high.-U. S. v. Motlow. 10 F. (2d) 657.

55 (U.S.C.C.A.Cal.) Bond held sufficient promise by sureties to pay specific sum.-Moran v. U. S., 10 F. (2d) 455.

58 (U.S.C.C.A.Cal.) Bail bond, reciting violation of federal statute, held sufficiently to describe offense to bind sureties.-Moran v. U. S., 10 F. (2d) 455.

59 (U.S.C.C.A.Cal.) Bond need not state court in which accused is to appear.-Moran v. U. S., 10 F. (2d) 455.

Bond held sufficient as against contention that it did not name court.-Id.

BANKRUPTCY.

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

1 (U.S.C.C.A.Neb.) Court proceeds in accordance with equitable principles and looks through form to substance.-Harris v. M. F. Shafer & Co., 10 F. (2d) 351.

14 (U.S.C.C.A.Minn.) Domicile held to remain unchanged, notwithstanding determination to acquire new domicile which had not been definitely chosen.-Hovland v. Farmers' State Bank of Christine, N. D., 10 F.(2d)-478.

not alleged in original petition, cannot be charged by amendment filed more than four months after commission of acts of bankruptcy. -Hovland v. Farmers' State Bank of Christine, N. D., 10 F. (2d) 478.

Amendment to petition in bankruptcy held not to relate back to original petition.-Id.

91(2), (U.S.C.C.A.Minn.) Finding that alleged bankrupt had domicile at certain place held supported by evidence.-Hovland v. Farmers' State Bank of Christine, N. D., 10 F. (2d) 478.

clause, and lease becomes asset on bankruptcy of corporation. In re Famous Fain Co., 10 F. (2d) 540.

140(2) (U.S.D.C.Cal.) Property to which bankrupt has no ownership right does not become part of bankrupt estate. Lynch v. Lentz, 10 F. (2d) 561.

140(1) (U.S.D.C.Cal.) Water heaters in possession of sales company held not to become part of bankrupt estate.-Lynch v. Lentz, 10 F. (24) 561.

140(3) (U.S.C.C.A.N.Y.) Receiver in bankruptcy of partnership banking house held entitled to proceeds of check. In re Gubelman, 10 F. (2d) 926.

Receiver in bankruptcy of partnership banking house held not entitled to proceeds of check not collected until after filing of petition in bankruptcy.-Id.

Receiver in bankruptcy of partnership banking house held entitled to proceeds of cashier's check previously credited to depositor's account.-id.

Banking partnership, fraudulently receiving deposits, holds as trustee ex maleficio, subject to depositor's right of reclamation.-İd.

Rule relating to fraudulent receipt of deposits and depositor's right to reclaim stated. -Id.

140(3) (U.S.C.C.A.N.Y.) Receiver in bankruptcy of payee of check drawn for account of another held not entitled to proceeds collected after filing of petition in bankruptcy.-In re Gubelman, 10 F.(2d) 935.

As respects rights on payee's bankruptcy, drawer of check, in favor of person other than payee, makes payee a fiduciary on his acceptance.-Id.

140(3) (U.S.C.C.A.Pa.) Under bankrupt's contract to pay Board of Commerce commission on freight overcharges recovered, board held entitled to commission.-In re George Walter & Sons, 10 F.(2d) 463.

149 (U.S.C.C.A.Okl.) Bankruptcy of single partner in mining partnership held not to interfere with partnership business, nor with rights of partners inter se.-Sturm v. Ulrich, 10 F.(2d) 9.

152 (U.S.C.C.A.N.Y.) When petition in bankruptcy legally "filed" stated; "filing."-In re Gubelman, 10 F. (2d) 926.

(C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens.

199 (U.S.C.C.A.Colo.) Lien of judgment creditor not avoided, where it did not appear that bankrupt was insolvent when lien was created.-First State Bank of Crook, Colo., v. Fox. 10 F. (2d) 116.

212 (U.S.C.C.A.N.Y.) Claimants' allegation held not to show deposit of check.-In re Gubelman, 10 F. (2d) 926.

Trustee's denial of knowledge or information sufficient to form a belief as to allegations in_reclamation petition not admission thereof. -Id.

Depositors have burden of proving alleged fraudulent receipt of deposits.-Id.

217(1) (U.S.C.C.A.La.) Suit to foreclose mortgages executed by bankrupt not interfered with by bankruptcy court, except in plenary suit challenging validity of mortgages against bankrupt's creditors.-Union Cent. Life Ins. Co. v. I. Baer Co., 10 F. (2d) 153.

as

(D) Administration of Estate. 224 (U.S.C.C.A.Colo.) Objection that refreclaim proceeds of property held by mortgaeree was without jurisdiction of proceeding to gee came too late.-First State Bank of Crook, Colo., v. Fox, 10 F. (2d) 116.

252 (U.S.C.C.A.Tex.) Trustee may, with approval of court, compromise controversy concerning bankrupt estate.-Hamilton-Brown Shoe Co. v. Ben L. Berwald Shoe Co., 10 F. (2d) 275.

Trustee held not authorized to accept offer to compromise claims against bankrupt's officers individually over objections of certain creditors.-Id.

Bankrupt corporation's stockholders, offering compromise, held entitled to have offer accepted exactly as made, or not at all.-Id.

262 (3) (U.S.D.C.N.Y.) Motion for order directing bankruptcy trustee to sell mortgaged property denied, on condition that trustee be ing. In re Myrtle Plumbing Supplies, 10 F. (2d) made party to mortgage foreclosure proceed

374.

(E) Actions by or Against Trustee.

288(1) (U.S.C.C.A.Colo.) Mortgagee waived right to have its title to property claimed by trustee of bankrupt adjudicated in plenary action. First State Bank of Crook, Colo., v. Fox, 10 F. (2d) 116.

293 (4) (U.S.C.C.A.Okl.) Court held to have jurisdiction to administer property of solvent mining partnership in which single partner was bankrupt.-Sturm v. Ulrich, 10 F. (2d) 9.

178(1) (U.S.C.C.A.S.D.) Real estate transaction between husband, wife, and third person held to result in gift to wife during insolvency of husband, recoverable by trustee in bankruptcy.-Folsom v. Seapy, 10 F. (2d) 322.

180 (U.S.C.C.A.Ga.) Proof of intent to hinder and delay is proof of actual fraud.-Lovett v. Faircloth, 10 F. (2d) 301.

184(2) (U.S.C.C.A.Md.) Claim under mortgage withheld from record, so as not to affect mortgagor's credit, properly expunged and disallowed.-Crothers v. Soper, 10 F. (2d) 793.

184 (3) (U. S. C. O. A. Colo.) Lien of mortgagee under valid mortgage executed more than four months prior to filing of petition in bankruptcy by mortgagor held not avoided by bankruptcy.-First State Bank of Crook, Colo., v. Fox, 10 F. (2d) 116.

188(1) (U.S.C.C.A.Ga.) Lien given or accepted in contemplation of bankruptcy cannot be upheld, though there be present consideration.-Lovett v. Faircloth, 10 F. (2d) 301. ~191(1) (U.S.D.C.Tex.) Landlord, filing statement of claim for rent, held entitled to lien for entire period of unpaid rent (Rev. St. Tex. 1925, art. 5238).-In re McLaughlin, 10 F. (2d) 810.

den of proving insolvency of bankrupt, when judgment lien was obtained to avoid it.-First State Bank of Crook, Colo., v. Fox, 10 F.(2d) 116.

an

303 (3) (U.S.C.C.A.Colo.) Insolvency terior to filing of bankruptcy petition not established by failure to realize from sales of bankrupt's property, after adjudication, an amount sufficient to pay his debts.-First State Bank of Crook, Colo., v. Fox, 10 F. (2d) 116.

303 (3) (U.S.C.C.A.Ga.) Evidence held to show that lien was given and accepted in contemplation of bankruptcy.-Lovett v. Faircloth, 10 F.(2d) 301.

Evidence held to show that debtor intended to hinder and delay creditors by conveyance, and conveyance therefore void.-Id.

(F) Claims Against and Distribution of Estate.

314(2) (U.S.C.C.A.N.J.) Attorney's claim for services after filing of petition held not provable. In re Townsend, 10 F. (2d) 790.

316(1) (U.S.C.C.A.Neb.) Receiver of corporation held entitled to allowance of claims against bankrupt corporation for money loaned bankrupt on notes.-Harris v. M. F. Shafer & Co., 10 F. (2d) 351.