the following Reports and all preceding them in each State or series:
264
3. Where the duty of the collection of an account
is imposed upon a party by a contract, he cannot
recover from the other party for services for its
sufficient, may be removed here for re-examination
by writ of error or appeal.
Coit v. Robinson,
152
7. Suits in equity and cases at law, under the
jurisdiction created by the Bankrupt Act, may be
removed to the Circuit Court for re-examination,
under section 8 of the Act.
Idem,
8. An appeal does not lie to this court from a de-
cree of the Circuit Court rendered in the exercise
of the supervisory jurisdiction conferred upon
that court by the first clause of section 2 of the
Bankrupt Act.
Idem,
152
9. This court will on appeal presume that the
court below construed correctly its own rules where
the rule is not set out in the record.
203-
ADMINISTRATORS AND EXECUTORS.
Packet Co. v. Sickles,
10. From the order of the District Court disbar-
1. The several States of the Union have full coa-ring an attorney, neither an appeal nor a writ of
trol over the estates of deceased persons within error will lie.
their respective limits.
2. The United States courts cannot execute judg-
ment against the estates of deceased persons in the
course of administration in the States, contrary to
the declared law of the State on the subject.
Idem,
3. The administration laws of a State will be ob-
served by the Federal Courts in the enforcement
of individual rights.
Idem,
4. On a judgment in a Federal Court against an
administrator, the real estate of the intestate can-
not be sold, contrary to the laws of the State
upon that subject.
1. Where a writ of error is prosecuted for delay,
ten per cent. damages in addition to interest will be
given on affirmance.
47
2. Where a jury is waived and the trial is by the
court and the finding is general, nothing can be re-
viewed on a writ of error except the rulings of the
court made in the progress of the trial.
Cooper v. Omohundro,
Crews v. Brewer,
Insurance Co. v. Sea,
3. An appeal in admiralty from the district to
the Circuit Court vacates the decree of the district
court, and a new trial and a new decree are to be
had in the Circuit Court. The latter must execute
its own decree, and the district court has nothing
more to do with the case.
61
4. An order of the Circuit Court merely affirming
the decree of the District Court and nothing more,
is not a final decree from which an appeal lies to
this court.
64
5. A writ of error lies from this court to the Su-
preme Court of the District of Columbia, by virtue
of the Act of 1801, although the proceedings are
governed by a statute of Maryland, which does not
provide for an appeal or writ of error.
6. Cases arising under the third clause of sec-
tion 2 of the Bankrupt Act, where the amount is
205
Ex parte Robinson,
11. Where an appeal is taken from the decree of
the District Court, to the Circuit Court, in a pro-
ceeding in rem, the property or proceeds thereof
follows the cause into the Circuit Court.
259
12. Where a referee finds generally in favor of
the plaintiff, no error can be assigned upon such a
finding.
Tioga R. R. Co. v. B. & C. R. R. Co.,
13. Where questions of fact only are presented
by an appeal and there is no dispute as to the law.
and the two courts below have already found
against the appellant, the burden is on him to show
error. Every presumption is in favor of the de-
crees below, and this court ought not to reverse
unless the error is clear.
Rogers v. The S. B. Wheeler,
R. R. Co. v. Pratt,
33. Where a bill is dismissed for misjoinder of
parties, the dismissal should be without prejudice
to another suit or should state the ground of dis-
missal, and if it is dismissed generally the decree
will be reversed.
1. Where one assigned to another certain judg-
ments upon his paying $5,000 and gave him a pow-
er of attorney to dispose of the judgments for him
and in his name, the judgments do not pass to
such other without the payment of said sum.
French v. Hay.
799
2. Where judgments are collected by the assignor
and he holds the money for the assignee, the as-
APPEAL AND ERROR, PRACTICE ON. signee has a complete remedy at law for it, and a
bill in equity for it cannot be sustained.
Idcm,
ATTACHMENTS.
SEE BANKRUPTCY, 11.
BANKS, 1.
JURISDICTION, 21.
1. The power to disbar an attorney is possessed
by all courts which have authority to admit at-
ring him can be rendered, he should have notice of
But before judgment disbar-
the grounds of complaint against him and ample
opportunity of explanation and defense.
2. One who allowed an attorney to proceed in
the Court of Claims to collect a claim and allowed
a settlement of the claim to be made by him, is
estopped from disputing the validity of the settle-
ment.
144
4. From such facts the execution creditor had no
reasonable cause to believe that the debtor was in-
solvent, and that the proceedings were in fraud of
the Bankrupt Act, where the case shows affirma-
tively that no fraud or collusion was intended.
576
Idem,
5. Where the discharge of a debt is procured by
misrepresentation and fraud, the discharge is void
and such debt may be made the basis of a petition
to declare and adjudge the debtor a bankrupt.
Michaels v. Post.
520
6. Assignees of the bankrupt's estate may recov-
er back money or other property paid, conveyed,
sold, assigned or transferred contrary to the pro-
visions or in fraud of the Bankrupt Act.
First Nat'l Bank v. Jones,
Michaels v. Post,
Fox v. Gardner,
7. It is immateriál under the Bankrupt Act,
whether the debtor gave the preference without
solicitation from the creditor, if the evidence
showed that he gave it when insolvent, and in fraud
of the Act, to the knowledge of the creditor.
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
judgment.
court to the power of the state court to render
Scott v. Kelly,
729
23. A decree in bankruptcy, without more, will
not, under section 11 of the Bankrupt Act, have the
effect to devest the bankrupt of the title to his real
or personal estate.
24. Prior to the assignment and conveyance au-
thorized and directed by section 14 of that Act, the
title of the estate belonging to the bankrupt, both
real and personal, remains unchanged, and such
bankrupt may redeem his lands from a tax sale,
under a state statute authorizing the owner of
lands to redeem from a sale for taxes.
25. Although section 14 of the Bankrupt Act pro-
vides that such assignment or conveyance shall re-
late back to the commencement of the proceed-
ings, the instrument of assignment cannot operate
either retrospectively or prospectively before it is
26. The assignee of the estate of an individual
partner of a debtor copartnership, cannot maintain
a suit to recover back money previously paid to a
creditor of the copartnership. Such money can
only be recovered by an assignee of the partner-
ship. Amsinck v. Bean,
801
1. On a bill of review in equity, nothing can be
examined but the pleadings, proceedings and de-
cree, which constitute the record of the
The proofs cannot be looked into as they can on
an appeal.
764
2. On such a bill filed by a defendant to set
aside the decree, he is bound by the answer filed on
his behalf by his solicitors, although he did not
himself read it, unless he can show mistake or
fraud in filing it. The answers of other defend-
ants cannot be read in his favor.
3. Where the defendant by his answer admits the
claim to be due and prays contribution from other
defendants, without setting up any defense to the
demand, he cannot, after a decree and on a bill of
review, ask to have the decree set aside on the
ground of laches on the part of the complainant in
bringing suit.
BILLS AND NOTES.
SEE CORPORATIONS, 7, 9, 10.
5. Where such paper is overdue, a purchaser
takes subject to the rights of antecedent holders, to
the same extent as in other paper bought after its
maturity.
Idem,
609
6. No usage or custom can be proved among
bankers and brokers dealing in such paper, in con-
travention of this rule of commercial law.
609
7. Hence, treasury notes of the United States
stolen from an express company and sold for value,
after due, in the regular course of business, may be
recovered of the purchaser by the express com-
pany, which has succeeded to the right of the
original owner.
Idem,
609
8. The liability of an acceptor does not arise from
merely writing his name on the bill, but commences
with the subsequent delivery to a bona fide holder,
or with notice of acceptance given to such holder.
Tilden v. Blair,
632
9. Where defendants resided in New York, and
there wrote their acceptance upon a draft, and
then sent it to Illinois to have it negotiated there,
the contract is an Illinois contract and draws inter
est according to the law of that State, although
made payable in New York.
10. The title of the person who takes negotiable
paper before due, for valuable consideration, can
only be defeated by showing bad faith in him, and
the burden of proof lies on the assailant of the
taker's title.
645
11. No action will lie upon an acceptance which
was a part of an illegal contract.
685
PRINCIPAL AND SURETY, 1-3, 5-8.
REPLEVIN, 1, 2, 5.
STATE LAWS AND DECISIONS, 4, 6-8.
SUPERSEDEAS, 1, 4, 5.
1. Where bonds of a county were issued in pay-
ment of the county's subscription to the capital
stock of a railroad company, the fact that no sub-
scription was formally made upon the books of the
company is quite immaterial.
2. Where the bonds were delivered, the county
accepted the position of a stockholder, received
certificates for the stock subscribed, voted as a
stockholder, and proceeded to levy a tax to pay the
interest falling due on the bonds, the bonds are
valid.
3. Bonds of a North Carolina Railroad Company,
issued in May, 1862, were not payable in Confeder-
ate notes, but only in the legal currency of the
United States.
"Confederate Note Case."
196
4. The absence of the indorsement of the govern-
ment of the State on the bonds of Texas does not
raise a presumption that they were issued for a
treasonable or unlawful purpose.
5. Bonds of a city issued to a private corporation,
to aid a manufacturing enterprise or in construct-
ing and operating a foundry and machine shops.
are void, although their issue is ratified by an Act
of the State Legislature.
463
Citizens' Sav. & Loan Asso. v. Topeka, 455
6. Bonds of a railroad company promising to pay
to bearer a certain sum at a certain time with in-
terest, are negotiable instruments notwithstanding
an agreement respecting scrip preferred stock con-
tained in them, that agreement being independent
of the pecuniary obligation of the company; and
the absence of the certificate of such stock original-
ly attached to the bonds when the latter were taken
by the defendants, was not of itself a circumstance
sufficient to put the defendants upon inquiry as tr
the title of the holder.
|