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Commission, or any person or company inter- | curity for such appeal." In Interstate Commerce

ested therein, to apply to the circuit court sitting in equity for the enforcement of such or der; and it was further provided, in respect of the action of the circuit court, that "whenever the subject in dispute shall be of the value of 700]$2,000 *or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations now provided by law in respect of se819

Commission v. Atchison, T. & S. F. R. Co. 149 U. S. 264 [37: 727], 4 Inters. Com. Rep. 347, where an appeal was taken directly to this court after July 1, 1891, from an order in a proceed. ing under that act we held that it would not lie. Certainly there can be no different result in this case.

Appeal dismissed.

159 U. S.

ROSES

ROSE'S NOTES

COMPLETELY REVISED EDITION

1917

Showing the present value as authority of all cases in this volume of reports as disclosed by all subsequent citations in the

Federal and State courts, including

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with duplicate references to Am. Dec., Am. Rep., Am. St. Rep., Ann. Cas. (American and English), L.R.A., N. C. C. A., and the Reporter System.

ROSES NOTES

NOTES

ON THE

UNITED STATES REPORTS.

159 UNITED STATES.

159 U. S. 3-20, 40 L. Ed. 55, 15 Sup. Ct. 1027, WHITE v. VAN HORN.

It is not error to refuse to instruct for party where evidence is conflicting.

Approved in Baltimore etc. R. R. Co. v. Hellenthal, 88 Fed. 121, 31 C. C. A. 414, following rule.

Court may refuse to charge as to point on which full instructions have been given.

Approved in Baltimore etc. R. R. Co. v. Hellenthal, 88 Fed. 122, 31 C. C. A. 414, and Illinois Cent. R. R. Co. v. Jones, 95 Fed. 390, 37 С. С. А. 106, following rule.

In Texas, one falsely impersonating another and signing own name, which is same as other's, is guilty of forgery.

Approved in In re Count De Toulouse Lautrec, 102 Fed. 882, 43 C. C. A. 42, holding person issuing as genuine and without alteration copies of bonds made by engraver for corporation but never delivered to it is guilty of uttering forged instruments.

Signing name of another person incorrectly as forgery. Note, 20
Ann. Cas. 166.

159 U. S. 21-35, 40 L. Ed. 61, 15 Sup. Ct. 997, TOWNSEND V. ST. LOUIS ETC. MIN. CO.

Not cited.

159 U. S. 36-40, 40 L. Ed. 67, 15 Sup. Ct. 1018, WHITE v. EWING.

Suit against Circuit Court receiver, ancillary to creditor's suit, does not depend upon citizenship.

Approved in Hull v. Burr, 234 U. S. 721, 58 L. Ed. 1562, 34 Sup. Ct. 892, holding Federal question arises where parties claim that appointment of trustees was void; Blair v. Chicago, 201 U. S. 450, 50 L. Ed. 822, 26 Sup. Ct. 427, upholding Federal jurisdiction over ancillary pro

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ceeding by receiver of street railway to remove cloud on company's franchises; Kirkland v. Knox, 230 Fed. 807, applying rule to suit to recover damages for cutting of timber; Knox v. Alwood, 228 Fed. 755, holding Federal court administering affairs of insolvent corporation may entertain ancillary bill to enjoin waste on timber lands; Jacoway v. Young, 228 Fed. 633, holding in suit to enjoin infringement of mixture of smoking tobacco, court may also restrain issuance of address to pipe-smokers; Hollander v. Heaslip, 222 Fed. 811, 137 C. C. A. 1, holding court of equity may determine claim against third person although of legal nature; Cobb v. Sertic, 218 Fed. 322, 134 C. C. A. 116, holding rule applies in action against receiver for negligent performance of duties; Betts v. Bisher, 213 Fed. 582, 130 C. C. A. 161, holding action is maintainable against receiver for injuries to employee; Missouri etc. Ry. Co. v. Chappell, 206 Fed. 693, holding in suit to restrain prosecution of suit in Federal court amount in controversy is not jurisdictional element; Robertson v. Conway, 188 Fed. 584, 110 C. C. A. 377, holding Federal court may enforce stockholder's liability although same is less than two thousand dollars; Conway v. Owensboro Sav. Bank etc. Co., 185 Fed. 951, 954, holding in suit to enforce stockholder's liability, individual's liability need not exceed two thousand dollars; Brown v. Allebach, 182 Fed. 265, holding stockholder failing to appeal is bound by decree rendering him liable for assessment; Hamilton v. David C. Beggs Co., 179 Fed. 953, holding where unfiled chattel mortgage passes into hands of receiver, lien is lost; Hobbs Mfg. Co. v. Gooding, 176 Fed. 261, 100 C. C. A. 83, holding ancillary bill to set aside fraudulent conveyance may be brought against all defendants; Hamilton v. David C. Beggs Co., 171 Fed. 158, holding claim for taxes is entitled to priority as against fund in hands of receiver; Hobbs Mfg. Co. v. Gooding, 164 Fed. 93, holding Federal court will entertain ancillary bill to set aside fraudulent conveyance; Cooper v. Newton, 160 Fed. 192, holding Federal court had jurisdiction to account for loan made by company seeking dissolution; Brown v. Allebach, 156 Fed. 698, holding in suit by receiver to collect assessment amount in controversy is of no consequence; Hurley v. Devlin, 151 Fed. 924, holding bankruptcy court had jurisdiction to determine widow's dower right; Gunby v. Armstrong, 133 Fed. 426, 66 C. C. A. 627, taking jurisdiction of ancillary suit against receiver filed in western district of Louisiana, receiver having been appointed in eastern district; Hampton Roads etc. Electric Co. v. Newport News etc. Electric Co., 131 Fed. 536, holding Federal court has ancillary jurisdiction of petition by receiver of street railway to enjoin competing road from maintaining gate across certain highway interfering with his road; Bottom v. National Ry. Bldg. etc. Loan Assn., 123 Fed. 745, 746, holding Circuit Court appointing receiver for loan association has jurisdiction of suit against borrowing member regardless of citizenship; Sleeper v. Winkel, 122 Fed. 737, holding receiver of

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