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172 U. 8. 361-425

Notes on U. S. Reports.

1078

Approved in Union Sav. Bank v. Dottenheim, 107 Ga. 616, 34 S. E. 221, where interest for whole period was made payable with prin. cipal in installments.

172 0. S. 361–371, 19 S. Ct. 218, WASHINGTON MARKET CO. V.

DISTRICT OF COLUMBIA. District of Columbia, and not Market Company, 18 empowered to make rules authorized by act of 1870, p. 367.

District of Columbia.- Correspondence between city and market company created no easement in favor of latter, p. 370.

Frauds, Statute of.- Equity will not relieve one having knowledge of facts, from operation of statute of frauds, p. 371.

Not cited.

172 U. 8. 372–383, 19 S. Ct. 222, SIMPSON v. UNITED STATES.

United States, in designating “ available" site for dry dock, unde contract, does not warrant condition of soil, p. 380.

Not cited. 172 U. S. 383-400, 19 8. Ct. 226, HOME FOR INCURABLES V.

NOBLE. Wilis.— Reasonably clear codicil will be given effect, although not so clear as clause of will affected, p. 390.

Not cited.

172 U. S. 401-416, 19 S. Ct. 233, SONNENTHEIL V. CHRISTIAN

MERLEIN BREWING CO. Assignment for creditors.- Jury determines whether trust deed was accepted by creditors, in suit to annul it, p. 406.

Assignment for creditors.- Question of fraudulent knowledge on part of preferred creditors may be submitted to jury, p. 409.

Courts.- Suit against United States marshal, in official capacity, arises under United States laws, p. 404.

Approved in Auten v. United States Nat. Bank, 174 U. S. 141, 19 S. Ct. 634, suit against national bank receiver.

Supreme Court having jurisdiction on error over one defendant in Circuit Court of Appeals, cannot be deprived of it by joinder of another, p. 405. 172 U. S. 416-425, 19 S. Ct. 183, UTTER V. FRANKLIN.

Territories.- Congress had power to validate issuance and refunding of municipal bonds authorized by Arizona legislature, p. 423.

Approved in Central Baptist Church v. Manchester, 21 R. I. 361, 13 Atl. 846, upholding legislative validation of deed made to church society before incorporation; Simms v. Simms, 178 U. 8. 168, 20 S. Ct. 60, arguendo.

ANN

1079

Notes on U. S. Reports.

172 U. S. 425-471

Miscellaneous.- Cited in Bravin v. Mayor, etc., - Ariz. - 56 Pac. 720, as to remedy of warrant holders entitled to bonds.

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. Ot. 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. COLD

WATER NAT. BANK.
Adjudged in conformity with preceding case, q. v.

172 0. 8. 434-465, 19 S. Ct. 254, KECK v. UNITED STATES.

Customs.- Indictment under $ 3082, R. S., must disclose particolars of offense, p. 437.

Customs.- Congress did not intend, in act of August, 1894, to pat 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 0. S. 465-471, 19 S. Ct. 265, CHAPPELL CHEMICAL, ETC.,

CO. V. SULPHUR MINES CO. Supremo 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. 8. 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 8. Ot. 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.

Supremo Court will not decline jurisdiction because Federal ques tion 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.

a 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. 53+507

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 babeas 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 8. Ct. 296, WASHINGTON GAS-LIGHT CO.

V. LANSDEN. Corporation is not liable for agent's torts, not committed in course and within scope o 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., Ing. Co., 148 Mo. 604, 614, 50 S. W. 524, 527, uphold. ing 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 V. AN

DERSON National bank, purchasing notes it was authorized to sell to third persons, is liable as for conversion, p. 576.

Not cited. 172 U. 8. 576–689, 19 8. 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 PACIFIO RY. V.

MYERS. Taxation.- State may tax land granted to railroad before patent, and while character 18 in dispute, p. 597.

Not cited. 172 U. S. 602-622, 19 8. Ot. 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 suficiently 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 8. Ct. 305, HENINGHAUS V. UNITED

STATES. Customs.- Woven fabrics in the piece, composed of silk and cotton, are dutlable 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

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