« ForrigeFortsett »
FEDERAL COURTS. See “Courts," $ 3.
From justice, see "Extradition."
GAMING. Grounds for jurisdiction, see "Courts," $ 3.
§ 1. Gambling contracts and transac
tions. FELLOW SERVANTS.
*An order to sell stocks for future delivery,
intended to be executed on the New York stock See "Master and Servant," $ 1.
exchange, when executed, creates a valid con
tract, unless both parties joined in the intenFIRE INSURANCE.
tion that there should be no delivery, but merely
the payment of the difference between the marSee "Insurance."
ket and the contract price.-Berry v. Chase (C.
C. A.) 625.
§ 1. Persons and property subject to FORECLOSURE.
Sums due to a railroad company from other Of mortgage, see “Mortgages," § 1.
companies as its share of freight collected by
them on continuous interstate shipments are not FOREIGN CORPORATIONS.
subject to attachment by garnishment of the debtors under the foreign attachment laws of
another state in which the defendant cannot be See "Corporations," $ 3.
personally sued.—Davis v. Cleveland, C., C. &
St. L. R. Co. (C. C.) 403.
"Internal Revenue.” Of copies of infringing publication, see "Copy- Constitutionality of statute subjecting gas com
panies to penalties for excessive charges as right," $ 2.
denying equal protection of laws, see "ConOf insurance, see "Insurance," $ 1.
stitutional Law," $ 3. FORMER ADJUDICATION.
Transfer tax, see "Internal Revenue."
Of purchaser, see "Vendor and Purchaser," $ 3. FRAUD.
See "Indictment and Information."
A corporation may be required to produce its Use of mails to defraud, see "Post Office,” books and papers before a grand jury engaged § 1.
in investigating its acts, within reasonable
limits, and a subpoena which requires the proFRAUDS, STATUTE OF.
duction of its minute books for three years and
letter copy books covering a period of three or § 1. Requisites and sufficiency of writ- United States v. American Tobacco Co. (C.
four months is not too broad and sweeping:ing. *Certain correspondence evidencing a con- C.) 557. tract of employment not to be performed within a year which was vague and required to be
GUARDIAN AND WARD. supplemented by conversations and parol proof, held insufficient to satisfy the statute of frauds. Guardianship of insane persons, see "Insane -Ballantine v. Yung Wing (C. C.) 621.
Persons,” s 1.
§ 1. Appointment, qualification,
INCOMPETENT PERSONS. tenure of guardian. Code Alaska, &$ 911 and 912, held to re- See "Insane Persons." late only to the appointment of guardians for persons who reside without the district, having estates within the district where the proceedings
INDIANS. are instituted.—Martin v. White ic. C. A.)
*Larceny committed in an Indian reservation 461.
in the territory of Oklahoma by one not an
Indian is a crime against the laws of the HARMLESS ERROR.
United States, and cognizable_by the district
courts of the territory under Rev. St. § 2145. In civil actions, see “Appeal and Error," § 5. -Brown v. United States (C. C. A.) 975. In criminal prosecutions, see "Criminal Law,” $ 4.
INDICTMENT AND INFORMATION. HIGHWAYS.
See "Grand Jury."
Consolidation of indictments at trial, see "Crim§ 1. Regulation and use for travel. *A passenger alighting from a surface street
inal Law," $ 3. car is not bound as matter of law to look in Against particular classes of persons. both directions along the street before starting See "Carriers," $ 1. to cross the space between the car and the curb Bank officers, see “Banks and Banking,” $ 2. but the question whether the failure to look constituted negligence is one of fact to
For particular offenses. be determined by the jury under all the condi- See “Conspiracy,” $ 1; “Embezzlement” ; “Lartions and circumstances shown by the evidence. -- Garside v. New York Transp. Co. (C. C.) Giving rebates by carrier, see “Carriers,". $ 1.
ceny," $ 1. 588.
Violation of postal laws, see “Post Office," § 1. *In an action to recover damages for the
§ 1. Requisites and sufficiency of accuinjury of plaintiff by being negligently run
sation. against by defendant's automobile the evidence held to require the submission to the jury of cused are "fugitives from justice” is sufficient
An averment in an indictment that the acthe questions of negligence and contributory without further specification to put them upon negligence.-Garside v. New York Transp. Co. notice of the charge
which the government means (C. C.) 588.
to prove.- United States v. Greene (D. C.) 778. HORSE RACING.
INDORSEMENT. See “Street Railroads."
Of bill of exchange or promissory note, see
"Bills and Notes," $ 1. HUSBAND AND WIFE.
INFANTS. § 1. Actions.
*To entitle a husband to recover for the loss See “Guardian and Ward.” of his wife's services while she was incapacitated by reason of an injury due to defendant's negligence it is not necessary to show that he
INFORMATION. employed or became obligated to pay for the Criminal accusation, see "Indictment and Inservices of another to supply her place as house
formation.” keeper.—Garside v. New York Transp. Co. (C. C.) 588.
Of copyright, see "Copyrights," $ 2.
OF CON- Of patent, see “Patents," $ 6.
Of trade-mark, see “Trade-Marks and Trade
Names," $ 2.
See "Internal Revenue.'
Removal of injunction suit to federal court, see IMPORTS.
"Removal of Causes," § 2.
Review of discretion of lower court on appeal. Duties, see “Customs Duties."
see "Appeal and Error," $ 5. * Point annotated. See syllabus.
belief against particular acts or proceedings.
INSANE PERSONS. mfringement of patent, see "Patents," $ 6. Infair competition, see "Trade-Marks" and Jurisdiction of court commissioner to appoint Trade-Names," $ 2.
guardian for insane person, see "Court Com.
missioners." 1. Nature and grounds in general. § 1. Guardianship. A lessee of a railroad has an interest therein Code Alaska, $ 896, relating to the appointwhich entitles it to prevent by legal process any ment of guardians for insane persons, held to Llegal interference with its enjoyment of the require service of notice of the hearing, on the eased property, and may maintain a suit in a alleged insane person.-Martin v. White (C. ederal court to enjoin an unauthorized crossing C. A.) 461. If the track by that of another company which a citizen of another state although the lessor
INSOLVENCY. nay be a citizen of the same state as the defendmt. Pennsylvania Co. v. Lake Erie, B. G. & See "Bankruptcy.” W. Ry. Co. (C. C.) 446. 2. Subjects of protection and relief.
INSTRUCTIONS. *Complainants being entitled to condemn a ïght of way for the maintenance of a ditch or In civil actions, see “Trial," $ 3. Lume over defendants' mining claims, complainints held entitled to an injunction pendente lite bestraining defendant's continued interference
INSURANCE. vith the fume constructed.-Miocene Ditch Co. s 1. Forfeiture of policy for breach of .. Jacobsen (C. C. A.) 680.
promissory warranty, covenant, The manufacturer of a proprietary medicine
or condition subsequent. pold under contracts fixing the price at which it
*Laws N. Y. 1897, p. 92, c. 218, § 2, held should be resold and the persons to whom such inapplicable to save a policy of a New York sales should be made held entitled to an in- company from forfeiture, where no attempt was junction restraining defendants from inducing made to forfeit the same until after the expirair knowingly participating in violations of such tion of more than a year from default in paypontracts by purchasers. Wells and Richardson ment of premium.-McDougald v. New York Co. v. Abraham (C. C.) 190.
Life Ins. Co. (C. C. A.) 374.
*A life insurance policy held subject to forfeit3. Actions for injunctions.
ure after the expiration of the month of grace. Evidence held to warrant a finding that de- -McDougald v. New York Life Ins. Co. (C. C. pendants in purchasing a medicine in violation A.) 674. tif contracts between the sellers and the manuzacturer had knowledge of such violation.-sion of the insurer for the insured's plant to
*A provision in a fire policy, requiring permisWells and Richardson Co. v. Abraham (C. C.) remain idle more than 30 days at any one time, 190.
held not objectionable for unreasonableness.
Kentucky Vermillion Mining & Concentrating 4. Preliminary and interlocutory in- Co. v. Norwich Union Fire Ins. Soc. (C. C. A.) junctions.
695. *The granting or withholding of an injuncton pendente lite ordinarily rests in the sound plant, permitted the same to remain idle for
*Where insured, the owner of a concentrating iscretion of the court to which the applica- more than 30 days at one time without obtaining ion is made.- Vogel v. Warsing (C. C. A.) 949. more than 30 days at one time without obtaining
the consent of the insurer, the policy thereby *In ejectment to recover certain mining terminated by its express terms.-Kentucky Verround, the denial of an injunction pendente million Mining & Concentrating Co. v. Norwich te held not an abuse of discretion.-Vogel v. Union Fire Ins. Soc. (C. C. A.) 695. Varsing (C. C. A.) 949.
§ 2. Estoppel, waiver, or agreements *A preliminary injunction against a state
affecting right to avoid or forHoard denied by a federal court on the ground
feit policy. hat its jurisdiction was doubtful under the insured on receipt of the policy, insurer's failure
*Where the premium on a policy was paid by eventh constitutional amendment denying, jų: to return it before action brought did not amount isdiction of suits against a state.-Smith v. Llexander (C. C.) 106.
to a waiver of forfeiture.- Kentucky Vermillion
Mining & Concentrating Co. v. Norwich Union 5. Liabilities on bonds or undertak
Fire Ins. Soc. (C. C. A.) 695. ings.
§ 3. Risks and causes of loss. *In an action on an injunction bond attorney's *An accident policy construed and held not ses expended in obtaining a dissolụtion of the to cover the death of the insured from sepbjunction in a territorial court do not consti- ticæmia resulting from a surgical operation for hate a proper element of damage.--Lindeberg appendicitis.-Herdic y. Maryland Casualty Co. Howard (C. C. A.) 467.
(C. C.) 396.
§ 4. Actions on policies.
corpus held a contingent legacy, and taxable *Where insured warranted that it would keep under War Revenue Act, June 13, 1898, c. 448, a day and night watchman constantly in attend- 30 Stat. 461, as amended by Act March 2, 1901, ance when the property was not in operation, c. 806, 31 Stat. 948 [U. S. Comp. St. 1901, the burden was on insured to prove compliance pp. 2307, 2308], and "Act June 27, 1902, c. with such warranty.-Kentucky Vermillion Min- 1160, 32 Stat. 406 [U. S. Comp. St. Supp. 1905, ing & Concentrating Co. v. Norwich Union Fire p. 419], only to the extent of the grandson's Ins. Soc. (C. C. A.) 695.
interest during minority.—Herold v. Shanley In an action on a policy requiring consent for (C. C. A.) 20. vacancy for more than 30 days, parol evidence Interest held properly allowed on the princias to defendant's knowledge that the property pal of an internal revenue tax illegally levied was idle during the life of a previous policy, on certain legacies.—Herold v. Shanley (C. C and evidence of inquiries made by insurer as A.) 20. to the status of the property, held inadmissible to show waiver of such clause.-Kentucky Vertion of the internal revenue law under Rev
Where goods seized by a collector for viola million Mining & Concentrating Co. y. Norwich St. $ 3153 [U. S. Comp. St. 1901, p. 2278] are Union Fire Ins. Soc. (C. C. A.) 695.
attached while in his hands by the marshal on Proof of the presence of a watchman for 30 process issued in proceedings for their forfeiture days prior to the fire held not a compliance with and a bond for their release is thereafter giver the warranty requiring a day and night watch by the claimant under section 3459 [Ư. S man in constant attendance when the property Comp. St. 1901, p. 2281] the proviso to said was idle or inoperative.-Kentucky Vermillion section requiring notice of the pendency of the Mining & Concentrating Co. v. Norwich Union proceedings in court to be given to the partie Fire Ins. Soc. (C. C. A.) 695.
executing the bond is inapplicable.—United
States v. 59,650 Cigars (C. C. A.) 130.
Under Act Aug. 27, 1894, c. 349: -18, 28 Stat
563 [U. S. Comp. 1901, p. 2109], a buyer o Affecting or element of particular acts or trans. unstamped spirits prior to seizure by the United actions.
States for violation of the internal revenue lav See “Abandonment."
by the distiller held not entitled to recover payment of the internal revenue tax thereo
made by such buyer to the government.—Han INTERLOCUTORY INJUNCTION. kins v. Williard (C. C. A.) 703. See “Injunction,” s 4.
Under Rev. St. $ 3334 [U. S. Comp. St. 1901 p. 2183], on the forfeiture of stamped liquor
for violation of the internal revenue law, th INTERNAL REVENUE.
stamps as well as the liquor are forfeited.—Han
kins v. Williard (C. C. A.) 703. The allowance of a tobacco tax rebate under Act Cong. April 12, 1902, c. 500, $ 4, 32 Stat. misconduct of the distiller, even though the ta
Distilled spirits are subject to forfeiture fo 97 [U. Š. Comp. Śt. Supp. 1905, p. 445), by on the same may have been paid in full.—Hai some executive officer of the government held kins v. Williard (C. C. A.) 703. not a condition precedent to the claimant's right to recover the same. -United States v. Hyams The proceeds of a sale of spirits forfeited t (C. C. A.) 15.
the United States for violation of the interna Use of mortality tables for the purpose of ment, and cannot be applied to the payment.
revenue law belong exclusively to the govern assessing an internal revenue tax on legacies, the tax thereon.-Harkins v. Williard (C. C. A the enjoyment of which was contingent upon the
703. death or remarriage of testator's widow, held erroneous.- Herold v. Shanley (C. C. A.) 20.
INTERNATIONAL LAW. A method adopted for the assessment of an internal revenue tax on certain legacies that see "Aliens"; "Extradition," § 1. operated to reduce the principal of the estate and diminish the income of the widow held erroneous.—Herold v. Shanley (C. C. A.) 20.
INTERSTATE COMMERCE. Reversionary interest of certain legatees held not vested in possession or enjoyment prior to Regulation, see "Commerce." July 1, 1902, and was therefore not subject to ta xation under War Revenue Act June 13, 1898, c. 448, 30 Stat. 464, as amended by Act March
INTERVENTION. 2, 1901, c. 806, 31 Stat. 948 [U. S. Comp. St. 1901, pp. 2307, 2308], and Act June 27, 1902, c. In attachment proceedings, see "Attachment, 1160, 32 Stat. 406 [U. S. Comp. St. Supp. 1905,
§ 2. p. 449].—Herold v. Shanley (C. C. A.) 20.
A bequest in trust to pay over the income INTOXICATING LIQUORS. to testator's grandson until he arrived at the age of 21 years and then to pay over the Internal revenue tax, see "Internal Revenue.
*Point annotated. See syllabus.
judicial sales conducted by an officer of the law.
-Anderson v. Messinger (C. C. A.) 929.
JURISDICTION. Presented for review on appeal, see “Appeal Effect of appearance, see “Appearance.” and Error," $ 1.
Effect of removal of cause on right to chal
lenge jurisdiction, see "Removal of Causes,"
§ 5. JUDGES.
Jurisdiction of particular actions or proSee "Court Commissioners"; "Courts."
ceedings. Mandamus to judge, see "Mandamus," $ 1. Administration of estate of bankrupt, į 1. Rights, powers, duties, and liabil. Against trustee oin bankruptcy, see "Bank
"Bankruptcy," $ 4. ities. In case of the death of a federal judge who
ruptcy," $ 5. presided at the trial of a criminal case after Deportation proceedings, see "Aliens.” i verdict of conviction, but before sentence, his Special jurisdictions and jurisdictions of particjuccessor may impose sentence on the defend
ular classes of courts. int where the record contains sufficient to See “Admiralty,” $ 1; “Court Commissioners”; guide his discretion.-United States v. Meldrum
“Courts”; “Équity," § 1. D. C.) 390.
*Where the judge of a federal court who preided at the trial of a criminal case dies pend
JURY. ng a motion by defendant for a new trial, his
See "Grand Jury." uccessor is authorized by Rev. St. § 953, as mended by Act June 5, 1900, c. 717, § 1, 31 Instructions in civil actions, see "Trial,” $ 3. Stat. 270 (U. S. Comp. St. 1901, p. 896) to Taking case or question from jury at trial, see etermine such motion on the merits, when the
"Trial," $ 2. vidence has been taken in stenographic notes, Verdict in civil actions, see "Trial,” $ 4. r he is otherwise satisfied that he can do so 1. Right to trial by jury. airly, and allow a true bill of exceptions.Jnited States v. Meldrum (D. C.) 390.
Chinese deportation proceedings when appealed to the United States District Court held not
"causes" within Rev. St. § 566 [U. S. Comp. JUDGMENT.
St. 1901, p. 461] providing for a trial by jury
of issues of fact. - Toy Tong v. United States Decisions of courts in general, see “Courts,” (C. C. A.) 343. § 2.
Federal in action by or against foreign corporations, the right of trial by jury in suits at common
Const. Seventh Amend., securing see "Corporations," 3. in appeal or writ of error, see "Appeal and law, where the value in controversy exceeds $20, Error," $ 6.
applies to judicial proceedings in the territories
of the United States.-Carlson v. Sullivan (C. Leview, see “Appeal and Error.”
C. A.) 476. ales under judgment, see "Judicial Sales." 1. Merger and bar of causes of action ty in possession of land, claiming the whole
Under Federal Const. Seventh Amend. a parand defenses.
title, is entitled as of right to trial by jury An order made by a court of bankruptcy in of the issue of title.-Carlson v. Sullivan (C. ummary proceedings therefor refusing to di- C. A.) 476. ect a third person to turn over to the trustee oney and property of the bankrupt, claimed to $ 2. Summoning, attendance, discharge, e in the possession or under the control of such
and compensation. wird person is not a bar to a subsequent action
Where, after the commission of an alleged y the trustee against such person to recover crime in a federal district, the division of the ie value of such money and property on the district in which it was committed is changed round that it was transferred to defendant by by the creation of a new division therefrom, the le bankrupt with intent to hinder, delay, and district as "previously ascertained by law," withfraud his creditors.-Murray v. Joseph (D. C.) in the meaning of the sixth constitutional amend30.
ment, which constitutes the vicinage from which
the jury must be drawn for the trial of the acJUDICIAL NOTICE.
cused, comprises the division as it stood be
fore the change.—United States v. Greene (D. 2 civil actions, see “Evidence," § 1.
*Point annotated. See syllabus.