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172 U. S. 425-434, 19 S. Ct. 202, CAPITAL NAT. BANK v. FIRST NATIONAL BANK.

Supreme Court will not review State decision on ground broad enough to eliminate Federal question, p. 430.

Followed in Capital Nat. Bank v. Coldwater Nat. Bank, 172 U. S. 434, 19 S. Ct. 873, Dewey v. Des Moines, 173 U. S. 199, 19 S. Ct. 381, and Allen v. Southern Pac. R. R., 173 U. S. 489, 19 S. Ct. 521. Courts. Federal question is raised too late if not until on application for rehearing, p. 431.

Approved in Bausman v. Dixon, 173 U. S. 114, 19 S. Ct. 317, dismissing Federal receiver's writ of error to State Supreme Court; Citizens' Sav. Bank v. Owensboro, 173 U. S. 644, 19 S. Ct. 533, de clining to review questions not raised below.

Distinguished in Gilbert v. McNulta, 96 Fed. 84, national bank receiver is suable in Federal court on contract made as such.

Courts.- Motion for rehearing, on ground that judgment was contrary to law, raises no Federal question, p. 431.

Courts. State judgment as to capacity in which national bank holds funds, raises no Federal question, p. 432.

172 U. S. 434, 19 S. Ct. 873, CAPITAL NATIONAL BANK v. COLDWATER NAT. BANK.

Adjudged in conformity with preceding case, q. v.

172 U. S. 434-465, 19 S. Ct. 254, KECK v. UNITED STATES. Customs.- Indictment under § 3082, R. S., must disclose particulars of offense, p. 437.

Customs.- Congress did not intend, in act of August, 1894, to put diamonds on free list, p. 438.

Customs. Indictment under 2865, for smuggling diamonds, held sufficient, p. 438.

Customs.- Mere acts of concealment on entering port do not constitute smuggling within § 2865, R. S., p. 445.

Not cited.

172 U. S. 465-471, 19 S. Ct. 265, CHAPPELL CHEMICAL, ETC., CO. v. SULPHUR MINES CO.

Supreme Court will not review State decision based on grounds broad enough to eliminate Federal question, p. 471.

Not cited.

172 U. S. 472-533

Notes on U. S. Reports.

1080

172 U. S. 472-473, 19 S. Ct. 268, CHAPPELL CHEMICAL, ETC., CO. v. SULPHUR MINES CO.

Courts. State court's dismissal of appeal because not properly taken raises no Federal question, p. 473.

Not cited.

172 U. S. 474 475, 19 S. Ct. 268, CHAPPELL CHEMICAL, ETC., CO. v. SULPHUR MINES CO.

Constitution of Maryland does not discriminate against Baltimore in abridging right of jury trial, p. 475.

Appellate court will not consider matters not presented in record, p. 475.

Not cited.

172 U. S. 475-493, 19 S. Ct. 247, COLUMBIA WATER-POWER CO. v. COLUMBIA ELECTRIC, ETC., POWER CO.

Courts. State court's decision that act did not impair obligation of plaintiff's contract raises Federal question, p. 489.

Courts. When Supreme Court may review State decisions under § 709, R. S., stated, p. 488.

Supreme Court will not decline jurisdiction because Federal question was not specially set up, if necessarily involved, p. 491.

Distinguished in Telluride Power Co. v. Rio Grande, etc., Ry., 175 U. S. 647, 20 S. Ct. 248, declining to review questions of fact which might be basis of Federal question.

State, having absolute right to specified horse power, may dispose of it as it sees fit, p. 491.

Courts. Whether plaintiff in suit in State court has legal title, involves no Federal question, p. 492.

Approved in Scudder v. Comptroller of New York, 175 U. S. 36, 20 S. Ct. 27, where Federal question was not raised below.

172 U. S. 493-515, 19 S. Ct. 238, PITTSBURGH, ETC., RY. v. LONG ISLAND LOAN, ETC., CO.

Courts. Whether due effect was accorded foreclosure in Federal court, is Federal question, p. 507.

Courts. State court gave due effect to Federal court's forclosure of second mortgage, in allowing holder of first mortgage bonds to enforce security, p. 515.

Not cited.

172 U. S. 516-533, 19 S. Ct. 269, FITTS v. McGHEE.

Federal court cannot restrain State officer from suing to enforce State statute, p. 529.

Approved in Ball v. Rutland R. R., 93 Fed. 518, where railroad

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.

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