1081 Notes on U. S. Reports. 172 U. S. 534–567 sued State's attorney to restrain enforcement of mileage-book law; Miller v. State Board, 46 W. Va. 194, 76 Am. St. Rep. 814, 32 S. E. 1008, mandamus does not lie against State officers to enforce contract. Circuit Court cannot enjoin criminal prosecution in State court, p. 531. Federal court will not release State court's prisoner on habeas corpus, except under unusual circumstances, p. 533. Approved in United States v. McAleese, 93 Fed. 658, and In re O'Brien, 95 Fed. 132, prisoner must exhaust State court remedies. 172 U. S. 534-557, 19 S. Ct. 296, WASHINGTON GAS-LIGHT CO. V. LANSDEN. Corporation is not liable for agent's torts, not committed in course and within scope of employment, p. 544. Approved in Williamson v. Eastern Bldg., etc., Assn., 54 S. C. 595, 71 Am. St. Rep. 828, 32 S. E. 769, building association, which secures money by misrepresentation, is liable in tort. Agent's authority to act is determinable by court where evidence leads to but one conclusion, p. 544. Corporation is not liable for unauthorized act of manager in sending libellous letter, although copied in its books, p. 547. Libel. It is no defense that published article contained other matter than that supplied by defendant, p. 549. Damages. Punitive damages against joint defendants cannot be based on evidence of ability of one to pay, p. 553. Trial.- Error in admitting evidence of wrath of one of several joint defendants is not cured by instruction not to award punitive damages, p. 554. Appellate court may reverse judgment in toto where injustice would result from reversal as to some parties, p. 556. 172 U. S. 557-567, 19 S. Ct. 281, ORIENT INS. CO. v. DAGGS. Corporation is not citizen within fourteenth amendment, p. 561. Approved in Tullis v. Lake Erie, etc., R. R., 175 U. S. 351, 20 S. Ct. 137, upholding railroad employees' liability act. Insurance.- Missouri statutes providing that for total loss, insurer must pay amount of policy, is constitutional, p. 561. Corporations. State may prescribe liabilities to which corporations doing business within it shall be subject, p. 563. Approved in St. Louis, etc., Ry. v. Paul, 173 U. S. 409, 19 S. Ct. 421, and Tullis v. Lake Erie, etc., R. R., 175 U. S. 352, 20 S. Ct. 137, both upholding railroad employees' liability acts; Cravens v. 172 U. S. 567-630 Notes on U. S. Reports. 1082 New York, etc., Ins. Co., 148 Mo. 604, 614, 50 S. W. 524, 527, upholding law providing for extended insurance after lapse. 172 U. S. 567-573, 19 S. Ct. 294, UNITED STATES v. HARSHA. Circuit Court of Appeals may review action to recover compensation as clerk of Circuit Court, p. 570. United States.- Act of 1894, regarding holding of more than one salaried position, does not, ex proprio vigore, create vacancy where incumbent's resignation from other is pending, p. 572. Not cited. 172 U. S. 573-576, 19 S. Ct. 284, FIRST NATIONAL BANK ▼. ANDERSON. National bank, purchasing notes it was authorized to sell to third persons, is liable as for conversion, p. 576. Not cited. 172 U. 8. 576-589, 19 S. Ct. 286, UNITED STATES v. DUELL Patent commissioner acts judicially in deciding interference case, and act creating reviewing court is valid, p. 582. Not cited. 172 U. S. 589-602, 19 S. Ct. 276, NORTHERN PACIFIC RY. MYERS. Taxation.-State may tax land granted to railroad before patent, and while character is in dispute, p. 597. Not cited. 172 U. S. 602-622, 19 S. Ct. 308, CONNECTICUT MUT. LIFE INS. CO. v. SPRATLEY. Corporations.- Foreign corporation's agent need not have express authority to receive binding process, p. 610. Corporations.—Adjuster represents insurance company sufficiently to receive service of process in State to which he is sent, p. 612. Constitution.- State law requiring corporations to appoint agent to receive service, creates no contract and may be changed, p. 622. Corporation writing insurance in State does not cease to do business by merely withdrawing agent, p. 611. Not cited. 172 U. S. 622-630, 19 S. Ct. 305, HŒNINGHAUS v. UNITED STATES. Customs.-Woven fabrics in the piece, composed of silk and cotton, are dutiable according to value, p. 630. Customs. Such goods are subject to addition of 1 per cent. duty for each 1 per cent. of value above entry, p. 630. Not cited 1083 Notes on U. S. Reports. 172 U. S. 630-645 172 U. S. 630-635, 19 S. Ct. 290, MARSHALL v. BURTIS. Supreme Court will assume that territorial judgment was sus tained by evidence in absence of findings, p. 635. Followed in Cohn v. Daley, 174 U. S. 544, 19 S. Ct. 804. 172 U. S. 636–640, 19 S. Ct. 292, McQUADE v. TRENTON. Supreme Court will dismiss writ to State court where Federal question was not necessarily involved, p. 640. Followed in Allen v. Southern Pac. R. R., 173 U. S. 489, 19 &. C 521. 172 U. S. 641, 19 S. Ct. 879, ROSS v. KING. Followed in Keokuk, etc., Bridge Co. v. Illinois, 173 U. S. 702, 19 &. Ct. 878. 172 U. S. 641, 19 S. Ct. 874, CLIFFORD v. HELLER. Followed in Clifford v. Ruempler, 175 U. S. 723, 20 S. Ct. 1024. 172 U. S. 642, 19 S. Ct. 879, SIOUX CITY, ETC., RY. v. MANHATTAN TRUST CO. Approved in Missouri, etc., Ry. v. McCann, 174 U. S. 586, 19 S. Ct. 758, upholding State construction of statute making railroad liable for loss of freight. 172 U. S. 644, 19 S. Ct. 877, HARMON v. NATIONAL PARK BANK. Cited in Robinson v. Southern Nat. Bank, 94 Fed. 967, obiter. 172 U. S. 644, 19 S. Ct. 878, KINNEAR v. BAUSMAN. Followed in Rogers v. Morgan, 173 U. S. 702, 19 S. Ct. 879. 172 U. 8. 644-645, 19 8. Ct. 873, BLYTHE CO. v. BLYTHE, Approved in Blythe v. Hinckley, 173 U. S. 507, 19 8. Ct. 499, decision that remedy is at law, not in equity, is not jurisdictional. The Citations in the foregoing annotations include all from the following Reports and all preceding them in each State or series: |