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CIVIL CODE 1896.
88_5197, 5198 [U. S. Comp. St. 1901, p.
3493] 8 5438 (U. S. Comp. St. 1901, p. 3674]... 919
233 $ 1800
COMPILED STATUTES 1901. Page 6
945 Page 508
CODE OF CIVIL PROCEDURE. Page 573
321 Page 577 543 88 93, 504 ..
) Page 580.
389 Page 583
PENAL CODE. Page 589
543 / $ 1 Page 592 190 $ 128
.50, Page 683
651 88 186, 188 Page 684
389 Page 724
510 Page 1211
CALIFORNIA. Page 1538
612 Page 1628
CODE OF CIVIL PROCEDURE. Page 1631
143, 264 & 385 Page 1639 213
140 Page 1670
.146, 149, 303 Page 1672
CITY CHARTERS. Page 1673 144, 265 Los Angeles, art. 3, 88 12, 31....
554 Page 1674
502 Page 1679
213 Page 1682
265 Page 1688 502 1901 p. 267, ch. 103...
554 Page 1933
144, 146 Page 2302
253 Page 2943
COLORADO, Page 2944
364 Page 2945
11 MILLS' ANNOTATED STATUTES. Page 3154
305 Page 3156
278 Page 3200
869 Page 3205
..1001 Page 3382
IDAHO. Pages 3391, 3392
531 Page 3395
301, 543 ANNOTATED POLITICAL CODE 1901. Pages 3406, 3417.
116 Page 3427
.553, 645, 674, 688
63 Page 3430
271 Page 3432
LAWS. Page 3435
694 1901, pp. 238, 247, 88 11, 31. ........ Page 3436
631 692 Page 3444
686 Page 3445
100 Page 3447
684 Page 3448
GENERAL STATUTES 1901. Page 3451
233, 237, 267 Page 3493 233 $ 1221
51 Page 3543
436 Page 3674
LAWS. COMPILED STATUTES (SUPP.) 1905.
1874, p. 143, ch. 93. Amended by Laws 1903, p. 599, ch. 393.
65 Page 279 429 1903, p. 599, ch. 393..
65 Page 599
.305, 945 Page 663
842 Page 684
MAINE. Page 689
100 Page 690
23 Aug. 25, 1902, art. 4, 32 Stat. 1936, 1939.. 842
COMPILED LAWS 1897.
93 $ 240
792 1 § 11344
§ 1574, subd. 4.
... 207Š$ 4456, 4438..
207 1824, ch. 22, $ 6.
1901, p. 248, ch. 141..
CODE OF CIVIL PROCEDURE.
Carriage of passengers, see "Carriers."
674 other company from using street pending con-
test of right, see "Injunction," $ 1.
§ 1. Establishment, construction, and
der Gen. St. Minn. 1866, c. 34, is governed by,
and derives its powers from, title 1 of said
chapter, relating generally to quasi public cor-
porations which are or may be authorized to
756 its duration at 50 years.- Minneapolis St. Ry.
756 Co. v. City of Minneapolis (C. C.) 989.
A provision in a contract between a city and the selections made have been finally approved a street railroad company that the city should by the Land Department or the Secretary of the not reduce fares below five cents was not abro- | Interior, and until such time the lands are not gated by a subsequent contract, providing that taxable.--Clearwater Timber Co. y. Shoshone in the construction, maintenance and opera- County, Idaho (C. C.) 612. tion" of its lines the company should be subject to all present or future ordinances of the city.
*A deed to public lands of the United States Minneapolis St. Ry. Co. v. City of Minneapolis which had been selected by the grantor in lieu (O. C.) 989.
of forest reserve lands, but whose selection had
not at the time been approved, held not to renA contract between a street railroad com- der such lands taxable.-Clearwater Timber pany and a city, by which the city reserved Co. v. Shoshone County, Idaho (C. C.) 612. power to fix the rate of fare, but subject to the limitation that it should not reduce the same
Under the Revenue Law of Idaho (Sess. below five cents, held not abrogated by a Laws 1901, pp. 238, 247, $$ 11, 31), and 'Ann. change made by the company in its motive Code 1901, 81318, real estate exempt from power with the consent of the city council. - taxation on the second Wonday of January in Minneapolis St. Ry. Co. v. City of Minneapolis any given year does not become subject to taxa(C. C.) 989.
tion during that year, even though transferred to a person in whose hands it is no longer ex
empt.-Clearwater Timber Co. v. Nez Perce SUBMISSION.
County (C. C.) 633. To arbitration, see "Arbitration and Award,” | 8 2. Collection and enforcement against § 1.
persons or personal property.
That a complainant was not the owner of SUIT.
lands at the time of an illegal levy of taxes
thereon does not deprive it of the right to mainSeo "Action."
tain a suit in equity to enjoin the enforcement
of such taxes by a sale of the lands after it SUMMONS.
has become the owner.--Clearwater Timber Co.
v. Shoshone County, Idaho (C. C.) 612. See "Process."
A complainant is not debarred from maintaining a suit to enjoin the enforcement of taxes illegally levied upon lands because its
bill did not allege it to be the owner of such See “Equity," $ 3.
lands, where no objection was taken to the pleading, and the proofs, taken by stipulation,
establish its ownership.-Clearwater Timber Co. TARIFF.
v. Shoshone County, Idaho (C. C.) 612. See "Customs Duties."
The mere fact that a complainant accepted and recorded a deed purporting to convey to it
lands, the legal and equitable title to which TAXATION.
were both in fact in the United States, does
not estop it to maintain a suit in equity to enSee “Customs Duties"; "Internal Revenue."
join the collection of taxes levied on said lands
by the taxing officers of the county who had Jurisdiction of United States court to restrain actual knowledge of the condition of the title revenue officers of state from prosecuting, pro- and of the claim of complainant that the land ceeding under state statutes, see "Courts," $ 2. was not taxable, and were not misled by such Right of educational corporation to raise con- deed or record.Clearwater Timber Co. v. Nez stitutional question as to taxation of iíi lands, Perce County (C. C.) 633.
see "Constitutional Law," § 1. Tax statement as privileged communication, see “Witnesses," $ 1.
TELEGRAPHS AND TELEPHONES. 1. Nature and extent of power in general.
Arbitration between railroad company and railLands which have not been officially surveyed road telegraphers, see “Arbitration and by the United States are not as a rule taxable, Award," 8 1. nor are they under the statutes of Idaho, and Ordinances fixing telephone rates as denying such a survey is not completed until it has been
due process of law, see "Constitutional Law, accepted by the Land Department.-Clearwa $ 6. ter Timber Co. v. Shoshone County, Idaho (C. Ordinances fixing telephone rates as denying C.) 612.
equal protection of law, see “Constitutional *The equitable title to public lands selected Law," $ 5. in lieu of lands in a forest reserve relinquished Ordinances fixing telephone rates as impairing under Act June 4, 1897, c. 2, 30 Stat. 34 [U. S. obligation of contract, see "Constitutional Comp. St. 1901, p. 1538], or under Act March Law,” § 4. 2, 1899, 30 Stat. p. 993, č. 377, establishing the Restraining enforcement of ordinance fixing Mt. Rainier reservation, does not pass until telephone rates, see "Injunction," 8 2.
*Point annotated. See syllabus.
1. Regulation and operation,
moval of Causes," 3.
For particular acts not judicial.
Liens,” & 2.
Color of title, see "Adverse Possession."
Remedies for torts.
"Collision," $ 1.
*A steamer taken in tow by a tug to be moved
proper fastening of the lines to her own bitts,
and, where she is injured by reason of the slip-
high wind and the tide onto the bar and wreck-
ed. The schooner also held in fault because of
her insufficient anchor chains both of which
broke when subjected to strain.-The Printer
(D. C.) 441.
School Districts," $ 1.
TRADE-MARKS AND TRADE-NAMES. mark as against another who subsequently suco
ceeds to the manufacture of the genuine goods § 1. Marks and names subjects of own
so designated.-W. A. Gaines & Co. v. Kahn ership.
(C. C.) 639. *The name "White House," and the picture of the White House at Washington, held to
TREATIES. constitute a valid trade-mark and trade-name for plaintiff's coffee.-Dwinell-Wright Co. v. Treaties and statutes of the United States Co-operative Supply Co. (C. C.) 909.
have always been practically put in the same
class so far as judicial action is concerned, and § 2. Title, conveyances, and contracts. *A complainant held not entitled to a pre- statute that a later statute has, and may su
a later treaty has the same effect on a prior liminary injunction to restrain the use of a persede it as a later statute may supersede a name by defendant as an infringement of a prior treaty. Nor is there any practical distrade-mark; it appearing from the showing tinction as between a statute and a treaty with made that defendant's use was prior to that of complainant's assignor.- Deitsch' v. George R. regard to its becoming presently effective withGibson Co. (C. C.) 383.
out awaiting further legislation, which depends
entirely upon its terms.–United Shoe Machinery *Complainant held on the evidence to have Co. v. Duplessis Shoe Machinery Co. (C. C. A.) succeeded to the right to the use of the name 842. "Old Crow” as a trade-mark for its whisky made according to a special formula, and to be
TRIAL. entitled to protection in such exclusive use.W. A. Gaines & Co. v. Kahn (C. C.) 639.
See "Reference"; "Witnesses." $ 3. Infringement and unfair competi- Trial of actions by or against particular classes tion.
of persons *The proprietor of a medicine or remedy See "Railroads," $ 2. made in accordance with a secret formula, which knowingly makes false and fraudulent represen-Trial of particular civil actions or proceedings. tations as to the ingredients of such remedy to For causing death by operation of railroad, see the public through its advertisements and la
"Railroads," $ 2. bels, cannot maintain a suit in equity to pro- For causing death in general, see "Death,” $ 1. tect its business of selling or administering such For personal injuries, see "Electricity." remedy from invasion and injury by another. On insurance policy, see "Insurance," $ 2. Memphis Keeley Institute v. Leslie E. Keeley & 1. Taking case or question from jury. Co. (C. C. A.) 964.
*While questions of negligence are ordinarily *That a complainant comes into a court of for the jury in federal courts, a case may be equity with unclean hands, in that he is charge-withdrawn from the jury and a verdict directed able with fraudulent misrepresentations to the for plaintiff or defendant, as may be proper, public in respect to the subject-matter of the where there is no conflict in the evidence, or suit, is not, strictly speaking, a defense, and where it is so conclusive in its character that need not be pleaded; but upon such fact ap- the court, in the exercise of its sound judicial pearing it will be given effect by the court in discretion, would be obliged to set aside a verthe interest of the public by refusing to grant dict rendered in opposition to such evidence.relief to the complainant.-Memphis Keeley In- Russell v. Oregon Short Line R. Co. (C. C. A.). stitute v. Leslie E. Keeley Co. (C. C. A.) 964.
Evidence considered, and held to establish the *Under the rule of the federal courts, a court claim that a complainant was chargeable with should direct a verdict where the evidence profraudulent misrepresentations to the public as duced by the party on whom rests the burden of to the ingredients of a medicine which it man- proof is insufficient to sustain a verdict in his ufactured and sold.-Memphis Keeley Institute favor.-National Ass'n of Ry. Postal Clerks v. v. Leslie E. Keeley Co. (Ĉ. C. A.) 964.
Scott (C. C. A.) 92. While mere delay or acquiescence will not defeat the right to an injunction to restrain in
TRUSTS. fringement of a trade-mark, it may afford good ground for denying a preliminary injunction to Combinations to monopolize trade, see “Monopput a stop to an established business prior to olies," § 1. a final hearing.-Havana Commercial Co. v. Trust deed, see "Chattel Mortgages"; "MortNichols (C. C.) 302.
gages.” *The name “La Carolina,”. as a trade-mark s 1. Creation, existence, and validity. not invalid as either the of
St. 1898, , infringed by the name "La Coralina” used also which a city has turned over' for collection for cigars:- Havana Commercial Co. v. Nichols delinquent special assessments on real estate
pledged by the city for the payment of improve(C. C.) 302.
ment bonds, does not become a statutory trustee *One who uses the trade-mark of another on for the bondholders who have no standing in a spurious goods for the purpose of deceiving pur- court
of equity to require an accounting from it. chasers acquires thereby no right 'to such trade-1-Olmsted v. City of Superior (C. C.) 172.
*Point annotated. See syllabus.