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... where it judginent or the circuit court in a the ground of repugnancy to the Constitution, up-
confiscation case was reversed, its order of confirm. less such repugnancy be clear, and the conclo-
ation of the sale, as well as its order of distribusion that it exists inevitable.
tion, fall with the judgment.

Pine Grore t', Talcott,

227
U. S. t. Clarke,

320 6. The Constitution of the United States secures
3. Lien holders cannot intervene and take the to defendants who are citizens of another State
proceeds of the sale in confiscation proceedings. than that in which suit is brought, an absolute
The sale under such proceedings does not affect their right to remove their cases into the Federal Court,
licn.

upon compliance with the terms of the law.
Idem,

320
Ins. Co. v. Morse,

365
4. The proceedings directed by the Confiscation 7. The Statute of Wisconsin, which enacts that
Aci are proceedings in rem, and are not governed | a corporation organized in another State shall not
by the rules that prevail in respect to indictments transact business within its limits, unless it a grups
or criminal informations.

in advance that it will not remove into the Federal
Idem,

320 Courts any suit that may be commenced against it
U. Š. v. Hatch,

326 by a citizen of Wisconsin, is repugnant to the Con-
Kenner v. U. s.,

325 stitution of the United States and void, and the
5. After default and final judgment of condem- agreement of an insurance company made in con
nation, formal faults in the mode of pleading are formity to this statute is also void.
of no importance.

Idem,

363
U. 8. v. Clarke,

320 8. An ordinance of the City of New Orleans which
6. A default establishes the truth of all the ma- demanded of all steamboats which shall moor or
terial averments in the formation.

land in any part of the Port of New Orleans, a sumn
Idem,

320 measured by the tonnage of the vessel, is a top-
7. A direction given by the Attorney-General to nage tax within the meaning of the Federal Con-
seize property liable to corfiscation under the Act stitution, and void.
of Congress, must be regarded as a direction given

Cannon v. Nevo Orleans,

417
by the President.

9. Compens

may be arged a vessel by a
Illem,

320 city for the use of wharves and piers: but in the
8. Where the information avers that the seizure exercise of this right, care must be taken that it is
was made by virtue of the Act of Congress, it is not made to cover a violation of the Federal Coo-
equivalent to alleging that it was caused by the stitution, which prohibits the State to lay any
President.

duty of tonnage.
Idem,

320
Idem,

41-
9. Having heard and considered evidence, it 10. Any duty or tax, or burden imposed under
must be presumed the court found that the prop- the authority of the States, which is in its essence
erty belonged to a person engaged in the rebellion. a contribution claimed for the privilege of arriving
Idem,

320 and departing from a port of the United States, and
10. The Proclamations of amnesty in 1868, did which is assessed on a vessel according to its carry-
not effect a repeal of the Confiscation Act,

ing capacity, is a violation of that provision, un.
Idem.

320 less the consent of Congress be obtained.
11. The Confiscation Act of Aug. 6. 1861, was in-

Idem,

417
tended for private, not public property, for such 11. The provision of the Federal Constitution
property of persons as required, under the laws of which secures to every party, where the value in
war, a judicial sentence of condemnation to de. controversy exceeds $20, the right of trial by jury.
vest the title of its owner.

does not apply to trials in the state courts.
Titus v. U. 8.,

400
Eduards v. Elliott,

487
12. An informer, to entitle himself under that Act 12. Where. by the Constitution of a State, a lia-
to the statutory reward for his service, must in-bility to double the amount of their stock was im-
form against property which is the subject of ju- posed upon stockholders in private corporations,
dicial condemnation, and not against property and subsequently, by an amended Constitution.
which by the laws of war became the property of this provision was changed so that the liability did
the United States by completed conquest.

not extend beyond the amount of subscribed and
Idem,

400 paid up stock, so that stockholders. subscribing
13. The United States is not estopped by pro- after the amendment went into operation, were re-
ceedings of condemnation instituted in behalf of it- lieved from the effects of the former Constituie
self and an informant, nor by the receipt of the tion, as to debts contracted prior to the amend-
purchase money therein, from denying, as against ment, held: that the amendment has not the effect
the informer, that the property in question was of impairing the obligation of the contract, as to
the subject of forfeiture on joint account under the such debts within the meaning of the Constitu-
Act.

tion of the United States.
Idem,

400

Ochiltree v. R. R. Contracting Co., 546

13. Those who subscribed for stock while the old
CONSTITUTIONAL LAW.

Constitution was in force, remained liable under
SEE MARITIME LAW, 7.

the double liability clause of that constitution.
RAILROADS, 1-3.

Those who subscribed for stock after the amended
REMOVAL OF CAUSES, 3.

Constitution took effect, are liable only under the
STATE LAWS AND DECISIONS, 9-12.

single liability clause of such amended Constitu-
TAXES AND TAX SALES, 17.

tion.
1. A State cannot, in order to defray the expenses

Idem,

846

14. A New York Act in relation to the widening
of its quarantine regulations, levy a tonnage tux
on vessels owned in foreign ports and entering its

and straightening of Broadway, in the City of Ver
barbors in the pursuit of commerce.

York, authorizing the Supreme Court of the State

to vacate an order, confirming the report of com-
Peete v. Morgan,

201
2. A contract by which a railroad company

missioners of estimate and assessment respecting
agreed that an elevator company should, in con-

the property taken, and to refer the matter back to
sideration of the erection of an elevator, have the

new commissioners, is not unconstitutional as im-

pairing the obligation or depriving a person of a
handling of all through grain brought by the rail-
road company to Dubuque and receive a fixed price vested right without due process of law.
therefor, is not repugnant to the commercial pow-

Garrison V. N. Y. City,

619
er of Congress nor to public policy.

15. Under the Fourteenth Amendment of the it.

S. Constitution, a woman, who is a citizen of Mis-
Dubuque & 8. C. R. R. Co. v. Richmond, 173
3. It never intended that the power of souri: is not a voter in that state. inasmuch as the
Congress to regulate commerce, should be exercised constitution and laws of the State contine the

right of suffrage to men alone.
so as to interfere with private contracts not de.

Minor 1. Happersett,
signed to

627
create impediments to commercial

16. The words "citizens" in the U. S. Constitu
intercourse among the States.
Idem,

173

tion conveys the idea of membership of a nation and
4. The Michigan Act of March 22. 1869 to en-

nothing more, and women are citizens within its
able any, township. city or village to pledge its provisions.
aid, by loun or donation, to any railroad com-

Idem,

627
pany organized under and by virtue of the laws of

17. The right of suffrage is not one of the neces.
that State, is not in conflict with the Constitution sary privileges of a citizen of a State or of the
of the State.

United States.
Pine Grore v. Talcott,

227
Idem,

627
5. A statute is not to be pronounced void upon 18. A State Government is republican in foron.

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203 | gal.

within the meaning of the guaranty in that behalf, 3. The remedies for the collection of a debt are
contained in the United States Constitution, not. essential parts of the contract of indebtedness, and
withstanding women are not made voters.

those in existence at the time it is incurred must be
Idcm,

627 substantially preserved to the creditor.
19. The Constitution of the United States does

Rees 1. Watertoren,

72
not confer the right of suffrage upon anyone, and 4. Where a contract was made to transport sup-
the Constitution, and laws of the several States plies for the government during war, the words
which commit that important trust to men alone posts or stations" used therein do not include
are not necessarily, void.

railway depots or stations, but only military posts
Idem,

027

or stations.
20. Where the Constitution of a State prohibits

Caliwell v. U. S.,

114
the Legislature from releasing the lien held by the 5. The words "posts on the west bank of the
State upon any railroad except upon full payment, Missouri River," caunot be extended to embrace
the Legislature may sell or compromise any claims posts west of that river but more than ninety miles
held by the State against a railroad company, or therefrom.
sell the road for less than the whole debt.

Iden,

114
Il'oodson 1. Murdock,

710 6. Where the plaintiff was elected a professor in
21. Where a State Constitution ordains that no the University of Missourl for six years, “subject
law shall relate to more than one subject, an Act to law." this expression meaos subject to any law
does not violate that provision although it has the Legislature might pass, and the Legislature
many details, if they all relate to one general could shorten the term of service.
subject.

Head v. The University,

160
Idem,

710

7. A contract to pay a sum of money as soon as
22. Judicial and legislative Acts, hostile in their a crop could be sold, or the money otherwise raised,
purpose or mode of enforcement to the authority is payable within a reasonable time.
of the National Government or which impair the Nunez v. Dautel,

161
rights of citizens under the Constitution, are in- 8. Where a contract is made by a municipaliy
valid and void.

in the mode specifically provided by local law by
Taylor v. Thomas,

789 advertising for proposals, etc., it cannot be modifieil
23. The Constitution did not prohibit the crea-

by the officers of the municipality without its as-
tion, by military authority of courts for the trial of sent to the change.
civil causes during the civil war, in conquered por-

Memphis v. Brown,

20+
tions of the insurgent States.

9. An agreement to release, upon the perform.
Mech & Tr. Bank v. Union Bank,

871

ance of certain considerations, is of no effeet if
CONTEMPTS.

the conditions are not performed.
Idem,

264
SEE JURISDICTION, 7.

10. The Vlissouri State Act of 1852 created a
1. The power to punish for contempts is inher- contract between the State and the Pacific Railroad
ent in all courts.

Company, by which the railroad was exempt from
Er parte Robinson,

205

taxation until it was completed and put in opera-
2. The Act of March 2, 1831, limits the power of

tion, and should declare a dividend; not, however,
the U. S. Circuit and District Courts to punisb

longer than two years after its completion.
for contempts, to cases of misbehavior in the pres-

Pacific R. R. Co. v. Afaguire,

282
ence of or near to the court, and misbehavior of any

11. The state Ordinance of 1865, imposing a
officer of the courts and disobedience or resistance

tax of ten per cent. upon its gross earnings before
to any lawful writ, process, order, rule, decree or

the road was completed. was a violation of this con-
command of the court.

tract, and the levy for its enforcement was ille.
Idem,
3. The 17th section of the Judiciary Act of

Idem,

282
1789, in prescribing fine or imprisonment as the

12. An agreement in general restraint of trade is
punishment which may be inflicted for contempts, illegal and void ; but an agreement which operates
is a negation of all other modes of punishment.
Idein,

205

merely in partial restraint of trade is good, pro-

vided it be not unreasonable and there be a con-
4. A party to a snit, who is bound by the de-

sideration to support it.
cree, may be guilty of contempt by a pertinacious

Oregon Steam Nav. Co. v. Winsor, 316
opposition to it or by refusal to obey it, and as-

13. An agreement that a steamer should not be
serting a different right or title from the one al-

used in the waters of a State for a fixed period held
leged and enforced by him in the suit.

to be legal.
Teras 1. White,

819
Idem,

316
5. Punishments for contempts of court are either
to vindicate the dignity of the court from disre-

14. Agreements in restraint of trade, whether un-

der seal or not, are divisible; where one part there.
spect shown to it or its order, or to compel the
performance of some order or decree of the court,

of is void as being in restraint of trade, wbilst the
which it is in the power of the party to perform and will not hold the agreement to be void altogeth-

other is not, the court will give effect to the latter,
and which he refuses to obey.

er.
Idem,

819
Idem,

316
CONTRACTS.

15. The Missouri Act for the completion of the

North Missouri Railroad does not contain any con-
SEE BILLS AND NOTES, 24.

tract to exempt the property of that road from tax-
CARRIERS, 2, 4, 5.

ation. North Missouri R. R. Co. v. Maguire, 287
CONSTITUTIONAL LAW, 2, 3, 12, 20.

16. The State Ordinance of 1865 does not impair
EMINENT DOMAIN, 1.

the obligation of any contract made and concluded
EVIDENCE, 38, 44.

between the State and the Company.
INSURANCE, 9, 17.

Idem,

287
INTEREST, 1-3.
JURISDICTION, 22.

17. A party may rescind a contract for personal
PRINCIPAL AND SURETY, 4.

employment, when by reason of opiates and de-

ranged mental condition, the person employed be-
RAILROADS, 7-10.
SPECIFIC PERFORMANCE, 2, 3.

comes incapacitated to perform his part of the

contract.
TAXES AND TAX SALES, 32-34.
VENDOR AND VENDEE, 1-4.

Lyon v. Pollard,

361

18. What is sufficient notice to terminate the
Wal, 11, 12.

contract.
1. The Act of 1862, requiring contracts for mili-

Idem,

361
tary supplies to be in writing. is not infringed by 19. Where both parties intended to have a writ.
the proper officer accepting delivery of supplies ten instrument signed by each as the evidence of
after the day stipulated in the contract, and a

any contract they might make, no contract was con-
verbal agreement to extend the time of performance cluded until such instrument was executed by both
is valid.
Salomon v. U. 8.,

parties.
46
Amber v. Whipple,

403
2. Where a government contractor agreed to 20. Where the Government uses hay belonging to
transport certain supplies and made preparations a person, it is liable for its value, although there is
to transport them but the supplies were not fur- no valid express contract to purchase the bay.
nished by the government as agreed, he cannot re-

U. S. 1'. Gill,

421
cover the profits he would have made on their 21. Its value at the time it was received sbould
transportation, but may recover the expenses he in- be lowed and not its subsequent higher value at
curred in such preparations.

the time it was actually used.
Bulkleu 2. U. .,

62
Idem,

421

viii

22. Contracts for building a ship, or for engines, 3. The subscriber for stock is released from his
or materials therefor, are not maritime contracts subscription by a subsequent alteration of the or-
but are purely local and are governed by state ganization or purposes of the company, only when
laws, and should be enforced by the state tribunals. such alteration is both fundamental and not pro-
Eduards v. Elliott,

487 vided for or contemplated by either the charter it-
23. Construction of contract for sale of lands self or the general laws of the State.

83

Idem,
where the vendee had the right to cut timber, and
of the rights of the vendor after he had taken 4. Though the stock of a bank be owned by a
possession for default in payment of the purchase State, if the bank is insolvent its assets cannot be
price, to logs previously cut and mortgaged by the appropriated by legislative act or otherwise to pay
vendee.

the debts of the State, but must go to pay the debts
Jennison v. Leonard,

639 of the bank.
24. A letter of credit guarantying drafts on ship-

Baring v. Dabney,

90
ments of cattle includes drafts on shipments of 5. A State Legislature may authorize a munici-
hogs.

pal corporation to aid in the construction of a rail.
Decatur Bank v. St. Louis Bank, 560 road, by donating its bonds to such company and
25. An agreement to procure by lobby service, to collect taxes for the payment of the bonds, if ap.
the passage of a bill for the payment of a claim is proved by a popular vote.
void.

Town of Queensbury v. Culler,

100
Burke v. Child,

623 6. Such bonds may be issued by commissioners as
26. But

an agreement for purely professional agents of the town and delivered directly to the
services, such as drafting the petition, taking testi- railroad company, where it appears that delivery of
mony, collecting facts, preparing and submitting the bonds to the railroad company was conteni-
arguments and other services of like character, is plated and authorized.
valid.

Idem,

100
Idem,

623 7. Municipal corporations have not power with-
27. An undertaking to pay an obligation in gold out legislative authority, to borrow money or to
cannot be inferred from anything outside of the

issue notes, bills or other securities of a commer-
instrument, nor from the fact that interest in gold cial character free from equitable defenses in the
has been paid thereon.

hands of bona fide holders.
Maryland v. R. R. Co.,

678
Nashville v. Ray,

10+
28. An Indiana Railroad Company forming part

Mayor v. Lindsey,

180
of a through line from the Southern States to Bos- 8. The officers of such a corporation cannot cre-
ton, having contracted to carry cotton from Colum: ate by their acts an estoppel against the corpora-
bus, Mississippi, to Boston, held that the clause in tion, so as to render illegal issues of ordinary city
the bill of lading "The Evansville and Crawfords- drafts or vouchers (not authorized by law) valid in
ville Railroad Co. will not be liable for loss or dam. the hands of holders for value. Such holders are
age by fire, from any cause whatever," covered the affected with notice of the illegality.
whole route, and was not to be limited to part of

Idem,

164, 180
the distance only; and the Company is not liable 9. Certificates of indebtedness, city warrants, or-
for cotton destroyed by fire on the route before it ders. checks, drafts, used for giving to the public
reached said Company's road.

creditors evidence of the amount of their claims
R. R. Co. v. Androscoggin Mills, 724 against the city, are not commercial paper. The
29. There is no implied proviso by the Govern- holder takes them subject to all defenses.
ment to pay the disloyal owner for his property

Idem,

164, 180
seized and sold under the Captured and Abandoned

10. When power to issue securities of a commer-
Property Act.
Haycroft v. U. S.,

cial character is given to a municipal corporation,

738
30. The court cannot import words into a con.

such securities will possess the usual qualities at.
tract which would make it materially different, in

taching to like securities issued by private corpora.

tions.
a vital particular, from what it is.

16-4, 180

Idem,
Garinzel v. Crump,

783
31. Contracts, based on Confederate currency,

11. Although a railroad corporation is private,
will be enforced when made in the usual course of

its work is public, as much so as if it were to be
business between persons resident in the insurgent constructed by the State,

227

Pine Grove v. Talcott.
States and not made in furtherance the rebellion.
Ilem,

783

12. Where each stockholder of a corporation is
32. If parties make contracts where there is no

bound for its debts in proportion to his stock, his
fraud, upon contingencies uncertain to both, with liability is not limited to the par value of his stack.
equal means of information, the courts cannot

neither is he bound absolutely for the payment of
undertake to set them aside.

the full amount of that.
Idem,

783

Pollard v. Bailey,
33. A contract of sale will not pass the owner- 13. Where the provision for the liability is coup-
ship of goods at once to the buyer, where there is led with a provision for a special remedy, that and
no ascertainment of the whole price by weighing, that alone, must be employed.
Dor complete preparation for delivery, nor any de-

Idem,

376
Jivery, nor payment.

14. Directors and officers of a company, owing
Nutt v. U. S.,

863 duties to its stockholders and creditors, cannot
34. A provision in the contract, that the goods combine to obtain the company's property for them-
from the date thereof should be at the risk of the selves at a sacrifice, through the formality of a
purchaser, does not of itself show an intention of judicial sale, hurriedly conducted with the least
the parties that the property should pass.

possible notice ; nor defeat a sale for a large sum,
Idem,

863 in order that they may become the purchasers for
35. The receipt of a small sum "in order to con- a small sum, and they can take nothing from such
firm the contract" has no bearing upon the ques- a sale thus made.
tion whether the property passed.

Jackson v. Ludeling,

492
Idem,

863 15. A new company formed by the purchasers at
CORPORATIONS.

this illegal and void sale has no other or better

title than that of these purchasers.
SEE BONDS, 5.

Idem,

492
CONTRACTS, 8.

16. An insurance company, created by the Legis-
LIMITATIONS, 1.

lature of a State, while the State was in armed re-
PRACTICE, 16.

bellion against the United States, is a valid corpo.
STATE LAWS AND DECISIOxs, 5, 6.

ration, and may gue in the Court of Claiins, for the
TAXES AND Tas SALES, 3-10, 13, 16. proceeds of the sale of property under the Captured
1. A debt against a municipality cannot be col- and Abandoned Property Act.
lected by a remedy, which is in direct violation of

U. S. v. Ins. Co..

816
a statute in existence and known to the creditor
when the debt was incurred.
Recs v. Watertown,

COUPONS.

72
2. A subscriber for the stock of a company, is SEE LIMITATIONS, 2, 3.
not released from his engagement to take it and pay
for it, by any alteration of the organization or
purposes of the company which, at the time the sub-

COURT OF CLAIMS.
scription was made, were authorized either by the SEE CAPTURED AND ABANDONED PROPERTY, 1-4.
general law or by the special charter.

DECREES AND JUDGMENTS. 6.
Nugent v. Supervisors,

83

MANDAJIU'S, 4.

86, 87, 88, 89 U. S.

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67

COURTS.

that the court had jurisdiction of the subject-mat.
1. The Provisional Court of Louisiana, estab-

ter of the action and of the parties, and that a
lished by the President on the 20th of October, judgment had in fact been renuered.

Idem,

56-4
1862, did not cease to exist until the 28th of July,

4. A seizure of personal property under an at-
1866, when Congress provided for the transfer of
cases in that court to other courts.

tachment, is not necessarily a satisfaction of the
Burke v. Miltenberger,

158 judgment when afterwards obtained.
Idem,

564
2. There is no rule requiring this or any other

5. Fraud 'in obtaining a judgment or nil debet is
court, to take notice of the various orders issued by
a military commander in the exercise of the au-

not a good plea to an action upon a judgment in

another State.
thority conferred upon him.
Idem,
158

564
Idem,
6. The judgments of the Court of Claims, where

no appeal is taken to this court, are absolutely
CRIMINAL LAW.

conclusive of the rights of the parties, and are not
SEE FALSE REPRESENTATIONS, 1, 2.

subject to revision by any one of the executive
PLEADINGS, 5.

departments.
U. 8. v. O'Grady,

772
A prisoner, taken into custody by the master of
an American vessel, while on her voyage, upon a

7. The legislation of a State may validate the
charge of having, during the voyage, committed judgments of a state court, althougħ in giving the
an offense against the United States on board such judgments the court may have transcended its
ship, upon the high seas and out of the limits of jurisdiction.

Mech. & Tr. Bank v. Union Bank, 871
any State or district, and first brought, in such cus-
tody, into the Eastern District of New York, cap

DEEDS.
be tried for such offense in the Southern District of
New York,

SEE ESTOPPEL, 1.
U. 8. v. Arwo,

EVIDENCE, 8, 9.
HOMESTEAD.

LANDLORD AND TENANT, 1.
DAMAGES.

STAMP ACT.
SEE APPEAL AND ERROR, 1.

TRUSTS AND TRUSTEES, 1-8.
BANKRUPTCY, 8.
CONTRACTS, 2, 21.

DEPOSITIONS.
SALES, 1, 2.

SEE EVIDENCE, 14.
1. The rule of damages, in actions at law for in-
fringement of the rights of patentees, is the custom-

PRACTICE, 15.
ary price at which the patentee has licensed the DEVISE.
use of his invention, where a sufficient number of
licenses or sales have been made to establish a SEE WILLS, 4.
market value.
Packet Co. v. Sickles,

203

DISTILLERIES.
2. Where a person became bound to return cer- SEE TAXES AND TAX SALES, 15, 19, 20.
tain bonds, the damages for which he is liable for a
failure to return them, is the sum with which the DOMICIL.
other party could buy them.

1. By the term domicil, in its ordinary accepta
Memphis 1. Broton,

264

tion, is meant the place where a person lives and
3. Damages which are not capable of legal com-

has his home.
putation, and wnica are shadowy, uncertain and

Mitchell v. U.'S.,

584
speculative, cannot be allowed.
Idem,

2. To constitute a new domicil two things are

264
4. All damages directly arising from the imper: and second, the intention to remain there.

indispensable : first, residence in the new locality ;
fect character of a structure, contracted to be built, absence from a fixed home, however long continued,

Mere
or from inferior work upon it, or inferior mate-

cannot work the change.
rials, may be proved against a demand for its

Idem,

584
price. The principle applied to an imperfect pier

3. Among the circumstances usually relied upon
of a railroad bridge.

to establish the animu8 manendi are; declarations
R. R. Co. v. Smith,

513
5. In action for infringement of patent, the dam.

of the party; the exercise of political rights; the

payment of personal taxes; a house of residence,
ages do not extend to all the profits which uefend.

and a place of business.
ant has received from the manufacture or sale of

Idem,

584
the article to which the improvements have been

4. A domicil once acquired is presumed to con-
applied. The recovery must be confined to the

tinue until it is shown to have been changed. This
(rofits received from the use of the invention.

principle applied to one who, during the war, went
Littlefield v. Perry,

577
6. Interest is not allowable in such cases, except

from his home in a loyal State, into a disloyal one.
Idem,

584
ander peculiar circumstances.
Idem,

677 ELECTIVE FRANCHISE.
7. Where a barge was sunk against an unlawful
pier, both parties being in fault, the damages are SEE CONSTITUTIONAL LAW, 15-19.
to be divided according to the admiralty rule.
Atlee v. Packet Co.,

619

EMINENT DOMAIN.

1. In a proceeding to condemn property for public
DECREES AND JUDGMENTS.

use, there is nothing in the nature of a contract be-

tween the owner and a State, or the corporation
SEE APPEAL AND ERROR, 3, 4, 14, 19, 29.

which the State authorizes to take the property.
ASSIGNMENT, 1, 2.

If just compensation be made to the owner, Liv
BANKRUPTCY, 15, 17, 23.

property can then be taken without his assent.
Garrison v. N. Y. City,

612
BAX5S, 1.
CONFISCATION, 2.

2. In proceeding to ascertain the compensation
EQUITY, 7.

to be inade to the owner of property taken for
PRACTICE, 16.

public use, the State may vacate any inquest taken
REMOVAL OF CAUSES, 2, 4.

by its direction, and order a new inquest, where
RES JUDICATA, 1-5.

the proceeding has been irregularly or fraudu-
TAXES AND TAX SALES, 27.

lently conducted, or in which error has intervened.
1. In an action on a judgment rendered in anoth- Until the property is actually taken and the com-
er State, the defendant, notwithstanding the rec-

pensation is made or provided, the power of the
ord shows a return of the sheriff that he was per-

State over the matter is not ended.
sonally served with process, may show the contrary.

Idem,

612
Knowles 1. Gas Light, etc., Co.,

70
2. A state judgment is not void because the cause

EQUITY.
was tried by the court without the waiver of a SEE INSURANCE, 5-8.
trial by jury. Such error cannot be taken ad-

PLEADINGS, 6.
vantage of collaterally.

RIPARIAN RIGHTS, 3.
Mariell v. Steuart,

564

TAXES AND TAX SALES, 11.
3. To make a record of a state judgment valid

TRUSTS AND TRUSTEES, 5.
unon its face. it is only necessary for it to appear

WILLS, 1.
WALL, 19, 20, 21, 22. U. S. Book 22.

56

893

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1. Where the complainants do not come into 4. But whem the accounting officers were lor-
court with clean hands, and are seeking the benefit bidden by law to award the claimant anything lies
of a contract obtained by their fraud, deceit or vond a certain amount, he cannot be held to have
unfair means, they can have no standing in a court relinquished, by such' acceptance, another large
of equity.

balance found to be due bim.
Kitchen 1. Rayburn,

64
Idem,

838
2. A court of equity cannot create a remedy in
violation of law, or even without the authority of

EVIDENCE.
law.
Rees v. Watertoron,

72

SEL BILLS AND NOTES, 10.
3. A bill by a creditor will not lie against the as.

CARRIERS, 1.
signee in bankruptcy and another creditor, to pro-

COLLISION, 10.
cure a reversal of an order in bankruptcy allowing

PRACTICE, 9, 14.
the claim of the latter when there is no collusion

1. A witness called by defendant to prore that
between him and the assignee, or other special

the witness had used the plaintiff's invention to
ground for equitable interference.

show its want of novelty, may be asked by plaiotit
Bank v. Cooper.

273

if the plaintiff did not forbid his using it.
4. One who left his State to join the rebellion, is

Klein v. Russell,

110
entitled to no equitable relief because his creditors
collected their debts by publication, without per-

2. It is not improper to inquire of a witness, on

his cross-examination, as to the contents of a
sonal service.

311
McQuiddy v. Ware,

paper which was an incidental and collateral mat-

ter, and in nowise affected the merits of the con-
5. He who seeks equity must do equity, and can-

troversy.
not set aside the proceedings for collection of a

Idem,

116
debt without tendering the amount due.

3. A question to a witness by defendant as to
Idem,

311

the novelty, utility, and modus operandi of the al-
6. Equity always refuses to interfere where there
has been gross laches in the prosecution of rights. | leged invention of the plaintiff, was competent.

116
There is no artificial rule on such a subject, but

4. A patent, when introduced in evidence in a
each case, as it arises, must be determined by its

suit for infringement, affords a prima facie pre-
own particular circumstances.
Idem,

sumption that the patentee is the original and first
311

inventor.
7. A court of equity has power to annul judg-

Mitchell v. Tilghman,

125
ments and decrees and all titles acquired under

5. Under the Act of March 31, 1797, the tran-
them. for fraud, where the rights of bona fide pur- script from the books of the department, admis:
chasers have not intervened.

sible in evidence against a revenue officer, should
Monger v. Shirley,

449

not be a garbled or mutilated statement, but
8. Although, by the organic Act of the Territory

should be complete in itself, perfect for what it
of Montana, common law and chancery jurisdic-

purports to represent, and give both sides of the
tion is exercised by the same court, the essential

account as the same stands upon the books, but
distinction between law and equity is not changed.

the items may be briefer in form than the original
Basey v. Gallagher,

452

entries.
9. The Statute of Montana, declaring "that an

U. $. v. Gaussen,

41
issue of fact shall be tried by a jury unless a jury 6. The accounts rendered by the revenue officer
trial is waived," does not require the court, in an

are admissible as against him, and against his
equity case, to regard the findings of a jury called
in the case as conclusive, although no application declarations of his principal, within the scope of

sureties, because a surety is bound by the acts and
to vacate the findings be made by the parties, if, in

the business, as a part of the res gestæ,
its judgments, they are not supported by the evi-

Idem,

41
dence.

7. The reports of the decisions of cases in this
Idem,

452
10. A recovery in an equitable action must be disclosed, but they are not evidence of those facts

court are expositions of law upon the facts there
had upon the case made by the pleadings or not in other cases.
at all.

Mackay V. Easton,

211
Grosholz v. Neurman,

471

8. Identity of the grantor in deeds of lands, what
11. When two or more persons have a common

is sufficient proof of.
interest in a security, equity will not allow one to

Idem,

211
appropriate it exclusively to himself, or to impair 9. The use of the grantor's mark in signing one
its worth to the others.

deed, and of his name in signing the other, is but
Jackson v. Ludeling,

402

a slight circumstance against the identity of the
12. A court of equity will not give relief by

grantor in the two deeds where they were both
charging the executor of a will or a legatee, or a
devisee of real estate witb a trust, in favor of a

properly acknowledged.
Idem,

211
third person alleged to be defrauded by the forged

10. By the Act of July 2, 1864, a party to the
or fraudulent will, nor will it give relief to parties record may testify like other witnesses, either oral-
who are in laches.

ly or by deposition, and may make a second dep-
Kieley v. 1 CGlynn,

599

osition.
13. Ignorance of a fraud, is no excuse for laches

Nash v. Williams,

234
where the circumstances of the fraud were pub- 11. Where the evidence is sufficient to raise the
licly and generally known.

question of intent, the court must submit the ques.
Idem,

599

tion to the jury.
ERROR.

Idem,

234

12. Where the original judgment record was de-
SEE APPEAL AND ERROR, passim.

stroyed by fire, a copy of a judgment, duly certi-

tied by the clerk of the court by whom the judg-
ESTOPPEL.

ment was rendered, is proper evidence.
Idem.

2.11
SEE ATTORNEY, 2.

13, Secondary evidence must be the best the par-
CONFISCATION, 13.

ty bas in his power to produce.
CORPORATIONS, 8.

Idem,

254
1. Defendants are not estopped from claiming 14. Where a deposition is lost, a party is not
under a deed to their grantor, because such grantor bound to supply its place by another, but may give
had accepted mortgages on the land to secure his parol evidence of its contents.
debts, executed by his grantor.

Burton t'. Driggs,

29!)
Grosholz v. Newman,

471 15. Where books of a bank are out of the State
2. Where one assigned all his interest in a patent and beyond the jurisdiction of the court, second-
to S. and then executed another assignment to D., ary evidence to prove their contents is admissible.
and then S. re-assigned to his assignor, the latter

Idem,

299
is estopped as against D. and his assignee from 16. Results of voluminous facts or of the ex-
claiming any interest in the patent.

amination of many books and papers Lay be
Littlefield v. Perry,

577 proved by the person who made the examination.
3. Where a party accepts the amount awarded by

Idem,

29:
commissioners for claim, he acquiesces in the 17. A copy of an instrument, made by the officer
decision of the tribunal by which a part of the by whom the instrument was executed, is, under
claim is rejected, as well as in the finding in his the Spanish law and the law of Texas,' "a second
favor.

original," and was properly received in evidence.
Piatt v. U. .

858

McPhaul v. Lapsley,

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