der where he was in fact served with process,

INTEREST. or appeared, and the circumstances were such that he could

not have been misled as to the Recovery of usurious interest received from person intended.-Aaron v. United States (C.

bankrupt, see "Bankruptcy," $ 6. C. A.) 833. A petition or motion for the attachment of

INTERLOCUTORY INJUNCTION. a defendant for contempt in violating an injunction, which is entitled as in the original See "Injunction,” $ 3. suit, and refers to the order of injunction granted therein by its date, and sets out in detail the alleged acts of violation, is sufficient, and INTERLOCUTORY JUDGMENT. need not set out the order in terms.-Aaron y. United States (C. C. A.) 833.

Appealability, see "Appeal and Error," § 1



A bucket shop held subject to stamp tax on its Estoppel, see "Estoppel," § 1.

transactions with its customers under War Rev. enue Act June 13, 1898, Schedule A, subd. 3

c. 448, 30 Stat. 458, as amended by Act March INSOLVENCY.

2, 1901, c. 806, 31 Stat. 943 [U. Š. Comp. St.

1901 p. 2302].-Eldredge v. Ward (C. C.) 253. See "Bankruptcy.Of national bank, see "Banks and Banking,'


See "Aliens"; "Treaties." Validity as against trustee in bankruptcy of INTERSTATE COMMERCE. equitable lien on proceeds of insurance policy, see "Bankruptcy," $ 4.

Regulation, see "Carriers," 81; "Commerce." § 1. Risks and causes of loss.

*Instructions approved in an action on an ac INTERSTATE EXTRADITION. cident policy to recover for the death of the insured, where the question was whether the See "Extradition,” 8 1 disease from which he admittedly died was the result of an accidental injury or existed previously, and death was the joint result of such

INTER VIVOS. latent disease and the injury.-New Amsterdam Casualty Co. v. Shields (C. C. A.) 54.

Gifts inter vivos, see "Gifts,” § 1. § 2. Actions on policies. *The question whether appendicitis, which

INVENTION. caused the death of an insured, was caused by See "Patents.” an accident, or was the result of a diseased condition existing prior to the accident, held properly submitted to the jury, where the testimony

IRREPARABLE INJURY. of physicians testifying as experts was conflicting. - New Amsterdam Casualty Co. v. Shields Ground for preliminary injunction, see "In(C. C. A.) 54.

junction," $ 3. The allowance of an attorney's fee to a plaintiff on recovery on an accident policy held with

ISSUES in the discretion of the jury under St. Tenn. 1901, c. 141, p. 248.-New Amsterdam Casualty In civil actions, see "Pleading,” $ 1. Co. v. Shields (C. C. A.) 54.

Presented for review on appeal, see "Appeal *Evidence held insufficient to sustain a re and Error,” g 2. covery on a policy insuring against death resulting from accidental injury.- National Ass'n of

JUDGES. Ry. Postal Clerks v. Scott (C. C. A.) 92.

*To warrant a recovery on an accident policy See “Courts." insuring against death only when it results Mandamus to judge, see "Mandamus," $ 1. alone from an accidental injury, the plaintiff must establish two fundamental propositions:

JUDGMENT. First, that there was an accidental injury; and, second, that it alone caused the death.-National Homestead exemption against judgment, see Ass'n of Ry. Postal Clerks v. Scott (C. C. A.) “Homestead, 1. 92.

Review, see "Appeal and Error." *Point annotated. See syllabus.

1. Opening or vacating.

*A court of equity has power to vacate its

hich it was entered, on the ground that it Affecting right of action for infringement of
as procured by means of the perjured testi-

trade-mark, see Trade-Marks and Trade-
ony of the prevailing party, potwithstanding Effect in equity, see “Equity,” $ 2.

Names," $ 3.
e fact that it has been affirmed on appeal, but, In issuance of execution by United States, see

the absence of a statute conferring it, such
wer does not extend beyond the term.-Nelson

“United States," § 1.
Meehan (C. C. A.) 1.
Code Civ. Proc. Alaska, $ 93, which author LANDLORD AND TENANT.
es a district court to relieve á party from a
dgment taken against him through his mistake, Lease of premises for bawdy house, see "Dis-
advertence, surprise, or excusable neglect, does

orderly House.”
t confer power to vacate a judgment after the
rm on the ground that the issues were errone- $ 1. Premises, and enjoyment and use
sly decided because of perjured testimony; the

otion being based on affidavits going to the A conveyance of a life estate by the owner to
entical issues tried before.- Nelson v. Meehan the remaindermen held a mortgage only and in-
. C. A.) 1.

effective to make the grantee liable as owner for
A final judgment held not superseded by a the building from an overflow of a closet in a

injuries to the goods of a tenant of a part of
at merely suspended and to have again become portion rented to another.-Lebensburger v. Sco-

full force on a failure to comply with the field (C. C. A.) 85.
ndition.-United States v. Noojin (D. C.) 377. *A landlord held not liable for injuries to the

goods of a tenant of the lower floor of a building
2. Equitable relief.
*A bill to impeach a decree for fraud, the re- floor, rented to another tenant who was re-

caused by the overflow of a closet on an upper
ef sought being an injunction to restrain its quired to keep the premises in repair.-Lebens-
forcement, is not the same in purpose as an burger v. Scofield (C. C. A.) 85.
peal, and the court which rendered the de-
ee has jurisdiction to entertain such a bill, al-
ough an appeal from the decree is pending. -

wagiac Mfg. Co. v. McSherry Mfg. Co. (C.
A.) 524.

See "Public Lands."


ffect of appearance, see "Appearance.”

See "Landlord and Tenant."
Jurisdiction of particular actions or pro-

ee “Habeas Corpus," § 1.

ciminal prosecutions, see "Criminal Law,”. & 2. For inventions, see "Patents.”
O recover usurious interest received from
bankrupt, see "Bankruptcy,” s 6.
pecial jurisdictions and jurisdictions of partic-

ular classes of courts.
articular courts, see "Courts."

See "Prostitution."


aking case or question from jury at trial, see 1. Words and acts actionable, and

liability therefor.

*A declaration in libel held to state a cause of
1. Competency of jurors, challenges, action.-Doherty v. Lynett (C. C.) 681.

and objections.
*The examination of jurors on their voir dire
a criminal case held to have disclosed such a

ate of mind on their part as to render the
erruling of challenges by defendant for actual See “Maritime Liens”; “Mechanics' Liens."
as an abuse of discretion.-Rosencranz v. Effect of proceedings in bankruptcy, see "Bank-
nited States (C. C. A.) 38.

ruptcy," $ 4.

nowledge by shipper of lawfulness of rate, see
Carriers," 8 1.

Of vessel, see "Collision," 8 2.
•Point annotated. See syllabus.


MANUFACTURES. Of claim of patent, see "Patents," $ 4.

Dissolution of manufacturing corporation, sed

"Corporations," § 4.

See "Adverse Possession."
For breach of contract of shipment, see "Ship- $ 1. Enforcement.
ping," § 3.

Evidence of an account stated between a Laches, see "Equity," $ 2.

claimant and the owner of a vessel for supplies Limitation of right to execution on judgment furnished has no tendency to establish a mari

in favor of United States, see “United States," time lien on the vessel.—The J. S. Warden (D. $ 1.

C.) 697. § 1. Pleading, evidence, trial, and re- vessel in her home port in New Jersey, under ?

A claim for a lien for supplies furnished a view. *The defense of limitation under the general dence that they were furnished and charged to

Gen. St. N. J. p. 1966, § 46, sustained on evistatute cannot be made by demurrer.-Doherty the vessel.–The J. S. Warden (D. C.) 697. v. Lynett (C. C.) 681. LIMITATION OF LIABILITY.


See "Work and Labor." Of carrier, see "Carriers," $ 2.

Arbitration between employer and employés, see Of owner of vessel, see “Shipping," $$ 3, 6.

"Arbitration and Award,” $s 1, 3.

Excessive damages in action for injuries to LIS PENDENS.

servant, see "Damages," $ 1.

Regulation of liability to employés of carriers Pendency of other action ground for abate

engaged in interstate commerce, see “Comment, see "Abatement and Revival," $ 1.

merce,” $ 3.

§ 1. Master's liability for injuries to LOGS AND LOGGING.


*A bridge foreman for a railroad company, Removal of timber as waste, see "Waste."

who while in the pursuit of his own affairs, and not engaged in any duty for the company, went

upon the track at night on a hand car having LOTTERIES.

no light and was killed in a collision with a

special train, held not to have stood in the rela§ 1. Lottery franchises, contracts, and tion of a servant at the time.-Russell v. Oregon transactions.

Short Line R. Co. (C. C. A.) 22. A certain guessing contest held a lottery in *A workman injured by the blowing out of a violation of the federal laws and also Comp. water block from a blast furnace held not chargeLaws Mich. § 11,344.-Waite v. Press, as matter of law, with having assumed Ass'n (C. C. A.) 58.

the risk.-National Steel Co. v. Hore (C. C. A.)


*To defeat recovery for an injury to a serv

ant by the defense of assumption of risk, the Jurisdiction of circuit court of appeals to con- master must show not only that the servant

trol action of circuit court, see "Courts," $ 2. knew of the negligence of which he complains, § 1. Subjects and purposes of relief.

but that he knew and understood, or ought to *Mandamus will lie to control the action of danger to which he voluntarily exposed himself

have known and appreciated, the increased an inferior court when it assumes to act beyond by reason of such negligence.- National Steel its jurisdiction, or where it refuses to take ju- Co. v. Hore (C. C. A.) 62. risdiction of a case, and proceed to judgment therein when it is its duty to do so, and there is Ohio fellow servant act April 2, 1890 (87 Ohio no other adequate remedy, but not to control its Laws, p. 150), held a valid law under the Conaction in a matter which is within its jurisdic-stitution of Ohio, and not in violation of the tion to hear and determine.-Dowagiac Mfg. Co. fourteenth amendment of the federal Constituv. McSherry Mfg. Co. (C. C. A.) 524.

tion.-Erie R. Co. v. Kane (C. C. A.) 118. *After a claim against a school district has *A servant assumes the risk of the negligence been duly established and liquidated, manda- of his superior fellow servant in the direction of mus is the proper remedy to compel payment.- | the men and work to the same extent that he Whitaker & Ray Co. v. Roberts (C. C.).882. assumes the risk of the negligence of his fellow

laborer.-Westinghouse, Church, Kerr & Co. v. MANDATE.

Callaghan (C. C. A.) 397.

*One entering the employment of another asSee "Mandamus."

sumes the risk of the negligence of his fellow *Point annotated. See syllabus.

servants.-Westinghouse. Church, Kerr & Co. case of collision of two trains of the company.
v. Callaghan (C. Č. A.) 397.

-Iarussi v. Missouri Pac. Ry. Co. (C. C.) 654.
The duty of caring for the safety of a place
or appliances where the work necessarily chang MEASURE OF DAMAGES.
es the character of the place or the appliances
as to safety is the duty of the servants.-West- For breach of contract for sale of goods, see
inghouse, Church, Kerr & Co. v. Callaghan (C.

"Sales," $ 2.
C. A.) 397.

All who enter the employment of a common
master in a common undertaking are prima facie

fellow servants.-Westinghouse, Church, Kerr
& Co. v. Callaghan (C. C. A.) 397.

§ 1. Right to lien.

*Mere allegation and proof that machinery
*Where plaintiff and D. were employed by de- sold by complainant was to be placed or used
fendant in dismantling heavy machinery, and in a mill are not sufficient to sustain a suit to
D. was a foreman under a superintendent, who enforce a mechanic's lien therefor under the
was under a manager, held, that D. was a fel- statute of West Virginia giving a lien for the
low servant of plaintiff.-Westinghouse, Church, price of "machinery for constructing, altering
Kerr & Co. v. Callaghan (C. C. A.) 397. or repairing a house, mill * * * or other

*The homogeneous business of a master cannot structure,” without further proof that such
be divided into distinct departments by the testi- machinery was intended for and used so as
mony to that effect of his servants, the nature to become a part of the realty.-Canton Roll &
of the business alone separating 'it into de- Machine Co. 7: Rolling Mill Co. of America
partments.-Westinghouse, Church, Kerr & Co. (C. C.) 321; Sturgis v. Same, id.
v. Callaghan (C. C. A.) 397.

& 2. Proceedings to perfect.
*The injury of a servant due to his slipping

A mechanic's lien claimed for the price of
on a platform over which he walked in going to machinery for a mill held invalid on the ground
and from his place of work, resulting from ice that the attempt of the claimant to extend the
which accumulated on the platform by reason time for filing his claim by the unauthorized ship-
of drippings from trucks moved over the plat- ment of additional machinery was ineffectual.
form by other employés in the course of their Canton Roll & Machine Co. v. Rolling Mill Co.
work, held from an assumed risk which did not of America (C. C.) 321; Sturgis v. Same, Id.
render the master liable. Omaha Packing Co.

*Under a statute requiring a claim for a
v. Sanduski (C. C. A.) 897.

mechanic's lien to be filed within a stated time
*The rule which makes it the positive duty after the claimant "ceases to labor, or to fur-
of a master to exercise reasonable care to pro- pish material or machinery," where a claimant
vide a servant with a reasonably safe place in has filed a sworn statement as required, fixing
which to work, even if it extends to provid- the date when he ceased, he is estopped thereby,
ing a reasonably safe mode of entrance to and cannot by a subsequent statement fixing a
and exit from the place where the workmen later date extend the time for claiming a lien.

-Canton Roll & Machine Co. v. Rolling Mill
are employed, is not applicable to a case
where the place becomes dangerous in the Co. of America (C. C.) 321; Sturgis v. Same,

progress of the work, either necessarily or from
the manner in which the work is done.-Omaha § 3. Enforcement.
Packing Co. v. Sanduski (C. C. A.) 897.

*A bill in equity to enforce a mechanic's lien
*The mere fact that an accident happened must allege every fact essential to the right to
by which a servant was injured does not itself such lien with accuracy and clearness, so that
create a presumption of negligence on the part issue may be taken thereon, and a mere allega-
of the master. -Omaha Packing Co. v. Sanduski tion that complainant has filed and is entitled to
(C. C. A.) 897.

such a lien is insufficient.-Canton Roll & Ma-

chine Co. v. Rolling Mill Co. of America (C. C.)
Under Laws Kan. 1903, p. 599, c. 393, amend- 321; Sturgis v. Same, Id.
ing Laws 1874, p. 143, c. 93, held, that notice

accident to an employé of a railroad company
is not necessary to action where he was killed,

and action is by the administrator.-Iarussi v.
Missouri Pac. Ry. Co. (C. C.) 654.

Combinations by mining company, see “Monop-
*The case of a track repairer injured by col-

olies," $ 1.
Lision of a train with the one in which he was Laches affecting suit to recover mining stock,
þeing taken from his work held within Laws

see "Equity," 8 2.
Kan. 1874, p. 143, c. 93, making a railroad com-
þany liable for injury to an employé by neg-
ligence of a fellow servant.-Iarussi v. Missouri

Pac. Ry. Co. (C. C.) 654.

8 1. Trusts and other combinations in
*Under Laws Kan. 1874, p. 143, c. 93, making

restraint of trade.
b railroad company liable for injury to an em The control by one mining corporation of
bloyé from negligence of a fellow servant, held, Michigan of another similar corporation en-
Ehat the rule of res ipsa loquitur applies in gaged in a competing business by acquiring a

*Point annotated. See syllabus.
155 F.-67

majority of its stock for the purpose of pre MULTIPLICITY OF SUITS. venting competition and creating a complete or partial monopoly of trade in their products Jurisdiction of equity to avoid, see "Equity,” held in violation of Anti-Trust Law July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901,

$ 1. p. 3200], and also of Pub. Acts Mich. 1899, p. 410, No. 255, as supplemented by Pub. Acts Mich. 1905, p. 507, No. 329, and not relieved

MUNICIPAL CORPORATIONS. from its illegality by Pub. Acts Mich. 1905, pp. 153, 154, No. 105.--Bigelow v. Calumet & Hecla See "Schools and School Districts,” g 1. Min. Co. (C. C.) 869.

Injunction by street railroad to restrain another A private party who has sustained special in

company from using street pending contest of jury by a violation of Anti-Trust Act July 2,

right, see “Injunction," § 1. 1890, c. 647, 26 Stat. 209 [U. S. Comp. st. Injunctions affecting, see “Injunction,” $ 1. 1901, p. 3200], may sue in a federal

court for Jurisdiction of United States court to restrain injunction where by reason of diversity of citi

enforcement of municipal

of municipal ordinance, see zenship of the parties the court has jurisdiction

"Courts," $ 2. of the suit. -Bigelow v. Calumet & Hecla Min. Jurisdiction of United States District Court of Co. (C. C.) 869.

prosecution for gambling in limits of town, see

Criminal Law," § 2.

Multifariousness in pleading in suit against, see MORTGAGES.

"Equity," $ 3.

Ordinances establishing telephone rates as imEffect as preference by bankrupt, see "Bank

pairing obligation of contract, see “Constitu

tional Law," $ 4. ruptcy," § 4. Equitable estoppel against mortgagee, see “Es- Ordinances fixing telephone rates as denying due

process of law, see "Constitutional Law," $ 6. toppel,” $ 1. Of demised premises, see “Landlord and Ten- Ordinances fixing telephone rates as denying ant," § 1.

equal protection of law, see "Constitutional of personal property, see "Chattel Mortgages.” Regulation of telephone rates, see “Telegraphs

Law," $ 5. § 1. Requisites and validity.

and Telephones," $ 1. *One of two partners, who, on retiring from Street railroads, see "Street Railroads." active participation in the business, but remain- § 1. Fiscal management, public debt, ing as a silent partner for a definite term, con

securities, and taxation. veyed his interest in real estate used in the busi

Under St. Wis. 1898, § 1114, a county, to ness, and which was owned by the partners as which a city has turned over for collection detenants in common, to his copartner, taking a linquent special assessments on real estate, bond for its reconveyance at the end of the term, pledged by the city for the payment of improve

, the the equitable owner of such interest, although ment bonds, does not become a statutory trustee it had not been reconveyed, and a mortgage court of equity to require an accounting from it. given by him thereon held entitled to record -Olmsted v. City of Superior (C. C.) 172. under Gen. St. Kan. 1901, § 1221.-Clark v. Lyster (C. C. A.) 513.

A bill by a bondholder against a city held to *A mortgage taken by the owner of land on a trust as to which complainant was without an

state a cause of action in equity to enforce a mill built thereon with his consent, under an adequate remedy at law.-Olmsted v. City of oral agreement that on subsequent payment of an agreed price he would convey the title, is Superior (C. C.) 172. not a mortgage of real estate.-Hanson v. 'W. L. Blake & Co. (D. C.) 342.

MUTUALITY. § 2. Foreclosure by action.

A junior mortgagee, in order to foreclose his Of contract, see "Contracts,” $ 1.
own mortgage, cannot, under general rules of
equity pleading and practice, by cross-bill or
otherwise, make himself a party to a suit

brought for foreclosure of a prior mortgage.-
Newton v. Gage (C. C.) 598; Northern Counties See “Trade-Marks and Trade-Names."
Iny. Trust, Limited, Id.

Of partnerships, see “Partnership," $ 1.



Direction of verdict in civil actions, see "Trial." See "Banks and Banking," $ 1.



In pleading, see “Equity," § 3.

See “Wharves."
*Point annotated. See syllabus.

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