« ForrigeFortsett »
FOUR VOLUMES CONTAINED IN THIS BOOK.
86, 87, 88 89
sufficient, may be removed here for re-examination
Coit v. Robinson,
7. Suits in equity and cases at law, under the
264 jurisdiction created by the Bankrupt Act, may be
under section 8 of the Act.
8. An appeal does not lie to this court from a de-
264 cree of the Circuit Court rendered in the exercise
that court by the first clause of section 2 of toe.
9. This court will on appeal presume that the
the rule is not set out in the record.
10. From the order of the District Court disbar-
error will lie.
Ex partc Robinson,
11. Where an appeal is taken from the decree of
follows the cause into the Circuit Court.
Wilson v. Bell,
12. Where a referee finds generally in favor of
the plaintiff, no error can be assigned upon such a
Tioga R. R. Co. v. B. & C. R. R. Co., 331
13. Where questions of fact only are presented
Every presumption is in favor of the de.
unless the error is clear.
Rogers 1. The s. B. Wheeler,
14. A judgment of a state court, of reversal only
and remanding the suit to the inferior court for å
new trial or a new hearing, is not a final judgment
which this court can review.
Parcels v. Johnson,
ascertain whether the jury was justified in finding
as it did upon the issues of fact.
Erpress Co. v. W'are,
filed, upon which the parties proceed to a hearing
47 | it will be presumed on appeal that the demurrer
Cooper v. Coates,
18. This court cannot go out of the record, to
61 the opinion or elsewhere, to re-examine any ques.
Edwards 1. Elliott.
19. Where the State Court amended its judgment
64 after the writ of error, the judgment brought here
20. This court will not reverse because a demur-
97 was wrongly overruled if there was another
21. Where the execution of bonds sued on is not 6. Exceptions, to be of any avail, must present
517 7. Under Rule 29 the justice taking the security
8. If, after the security has been accepted, the
517 circumstances have changed, so that security which
9. The proper security on an appeal in a mort.
520 gage foreclosure case considered.
539 the clerk and to the other party within ten days
their case by rule of the court to arbitration.
U. 8. v. Farragut,
592 2. An award, in such case, is to be construed in
499 3. Where the award finds facts, it is conclusive:
be corrected in this court.
Where a proposition is
one of mixed law and fact, in which the error of
law, if there be one, cannot be distinctly shown,
499 the parties must abide by the award.
4. Awards are also liable to be set aside in the
court below, for exceeding the power conferred
632 by the submission, for mistake of law, for fraud.
SEE BANKRUPTCY, 2, 6, 10, 22, 25, 26.
BILLS AND NOTES, 1.
SEE PATENT RIGHTS, 16, 17, 19, 20.
1. Where one assigned to another certain judg.
and in his name the judgments do not pass to
French v. Hay.
2. Where judgments are collected by the assignor
and he holds the money for the assignee, the as.
bill in equity for it cannot be sustained.
SEE BANKRUPTCY, 11.
SEE APPEAL AND ERROR, 10.
GOVERNMENT CLAIMS, 1-3.
JURISDICTION, 19, 20.
1. The power to disbar an attorney is possessed
But before judgment disbar.
the grounds of complaint against him and ample
Er parte Robinson,
611 *2. One who allowed an attorney to proceed in
3 An attorney cannot be charged with negli. 13. The Bankrupt Law does not prevent an in-
proceedings in bankruptcy are taken by or against
482 him-provided such dealings be conducted without
14. Payments made by a debtor, while probably
432 insolvent, but at a time when he did not anticipate
any interruption to bis business but was planning
its enlargement, to a creditor who neither knew or
had reason to believe his debtor to be insolvent, are
not void under the Bankrupt Law.
15. The mere entry of a judgment against an in-
solvent debtor, by virtue of a warrant of attorney,
although entered just before the proceedings in
bankruptcy are commenced and when the creditor
knows his debtor is insolvent, and although fol.
the statute avoids.
the creditor must have had reasonable cause to bc-
389 lieve that the debtor was insolvent, and that the
should be considered.
Bailey v. Glover,
19. The clause limiting the commencement of ac-
570 tions by and against the assignee to two years after
5720 20. But where the action is intended to obtain re-
covered. And this doctrine is equally as applicable
to suits at law as to those in equity.
21. In the 8th section of the Bankrupt Act, sec.
or "adverse party."
Wood v. Bailey,
22. Where the assignee in bankruptcy voluntarily
submitted himself and his rights to the jurisdiction
of the state court, it is too late to object in this
Scott v. Kelly,
23. A decree in bankruptcy, without more, will
effect to devest the bankrupt of the title to his real
or personal estate.
Hampton v. Rouse,
24. Prior to the assignment and conveyance au-
title of the estate belonging to the bankrupt, both
bankrupt may redeem his lands from a tax sale,
549 under a state statute authorizing the owner of
25. Although section 14 of the Bankrupt Act pro-
late back to the commencement of the proceed-
only be recovered by an assignee of the partner-
only be defeated by showing bad faith in him, and
the burden of proof lies on the assailant of the
Hotchkiss v. Bank,
ment without a binding contract to give time, wil
687 not, under the general rules of commercial law, dis-
Ross v. Jones,
sense, nor under a statute of a State which pro-
687 vides that a surety in any bill or note may give
the holder notice in writing to sue the principal,
and if the holder fails to do so within thirty days
the surety shall be discharged.
14. Treasury notes issued under the Act of Dec.
19, 1861. of Mississippi, then in insurrection, are
illegal and void and are not receivable in payment
BONA FIDE HOLDER.
time of receiving the security. A past considera-
704 tion is sufficient.
APPEAL AND ERROR, 21, 22, 26.
APPEAL AND ERROR, PRACTICE Ox, 7-9.
BILLS AND NOTES, 4-6.
PRINCIPAL AND SURETY, 1-3, 5-8.
REPLEVIN, 1, 2, 5.
STATE LAWS AND DECISIONS, 4, 6-8.
SUPERSEDEAS, 1, 4, 5.
stock of a railroad company, the fact that no sub-
100 scription was formally made upon the books of the
company is quite immaterial.
stockholder, and proceeded to levy a tax to pay the
3. Bonds of a North Carolina Railroad Company,
295 issued in May, 1862, were not payable in Confeder-
ment of the State on the bonds of Texas does not
609 raise a presumption that they were issued for a
to aid a manufacturing enterprise or in constructo
600 ing and operating a foundry and machine shops,
Bank v. lola City,
Citizens' sav. d Loan A 880. v. Topeka, 453
of the pecuniary obligation of the company; and
600 the absence of the certificate of such stock original.
voters. Ritchie 1. i'ranklin Co.,
632 8. Where the Legislature subsequently passed a
been built, such Act is valid if not forbidden by the may allow plaintiffs in error a certiorari, and time
to produce a certified copy of it.
Sueeny v. Lomme,
SEE MORTGAGES, 2, 3.
SEE DAMAGES, 7.
QUESTIONS OF LAW AND Fact, 5.
1. Sailing vessels, when approaching a steamer,
are required to keep their course and steamers,
under such circumstances, are required to keep out
of the way.
2. It is not material that signal-lights were not
properly located on the vessel, where they were
burning brightly, and were seen by the approach-
3. A change of course of the sailing vessel when
the collision was inevitable, is not a culpable act.
4. Steamer in fault for collision with a schooner.
where there was ample sea-room, calm weather,
5. Where the libel alleges, and the answer admits
a total loss, the steamer is liable for the full value
of the schooner, and a decree for such value
the owners of the schooner, and their title will be
thereby remitted to the owners of the steamer.
6. Where a steamer was going at an undue rate
of speed, and it was her fault that she came into
a position from which she could not escape without
The Pennsylvania v. Troop,
7. The bark held in fault for violation of the
rules of navigation which required her to blow a
fog-bord, when under way.
485 9. But when a ship, at the time of the collision,
is in actual violation of a statutory rule intended
Germania Ins. Co. v. The Lady Pike, 499 10. In such a case, the burden of showing that
her fault could not have been one of the causes of
11. Where the weather was boisterous, and it
was difficult at all times for a vessel to make the
was the duty of the master to stop until the
499 weather became calm; and failing in this duty, the
vessel is liable for loss of the cargo by collision of
The Mohler v. Home Ins. Co.,
12. The defense of inevitable accident can never
pears that neither party was in fault; nor where
the disaster was occasioned by the incompetency or
Germania Ins. Co. v. The Lady Pike, 499
SEE BILLS AND NOTES, 14.
Boxps, 3, 4.
CAPTURED AND ABANDONED PROPERTY, 1-4. .
1. The Acts of the States in rebellion, in the or.
827 dinary course of administration of law, must be
upheld in the interest of civil society, to which
such a government was necessary.
2. But the statutes, decrees or authority of the
Monger v. Shirley,