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Germain v. Mason,

392

11. Where the plaintiffs in error, according to their
own showing, have no right to recover in the ac-
tion, the errors of the court below in admitting evi-
dence and in the charge are no ground of reversal.
Barth v. Clise,
393
12. Where a party is present by counsel and goes
to trial before the court without objection or ex-
ception, he has voluntarily waived his right to a
jury, but if he is not present by himself or counsel
it is error for the court to try the case without a
jury.

Kearney v. Case,

395
13. In a case brought here by writ of error, this
court can only reverse the judgment for errors of
law apparent in the record.

Wadsworth v. Warren,

402
14. Where more than five years had elapsed from
the close of the war before an appeal was brought,
the case will be dismissed.

Freeborn v. The Protector,

463
15. It is not error for a court to refuse to give an
extended series of instructions, although correct in
law, if the law arising upon the evidence has been
given by the court with such fullness as to correct-
ly guide the jury in their findings.

R. R. Co. v. Whitton,

571
16. A judgment will not be set aside because the
charge of the court may be open to some verbal
criticism, but which could not have misled a jury of
ordinary intelligence.

Idem,

571

17. The granting or overruling of a motion for a
new trial in the court below is not ground of error.
Home Ins. Co. v. Barton,
708
18. This court, sitting as a court of error, cannot
pass, as it does in equity appeals, upon the weight
or sufficiency of the evidence.

Dirst v. Morris,

722
19. In such case where there was no special find-
ing of the facts, if a jury is waived and the court
finds,generally for one side, the other has no redress
on error, except for the wrongful admission or re-
jection of evidence.

Idem,

722

20. This court cannot review a finding of a jury
upon a question of fact.
Gregg v. Moss,

740

21. Where the charge puts the case to the jury on
fair grounds, this court will not reverse on account
of the charge.

Idem,

740
22. The rejection of evidence which did not injure
a party, is not ground of error.

Idem,

740
23. The granting or refusing a motion for a new
trial rests in the discretion of the court below, with
which this court will not interfere.

Erskine v. Hohnbach,

745
24. The objection to the sufficiency of a replica-
tion to put the averments of the plea in issue can-
not be raised after verdict.

Idem,

745
25. This court will not reverse a judgment where
the error has become immaterial,and the same par-
ty will be entitled to judgment if a new trial is
granted.

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9. Where a plea is erroneously overruled on de-
murrer, if the same defense is in another plea, the
judgment will not be disturbed.
385

R. R. Co. v. Bk.,
10. A commission is ordered to take testimony of
witnesses in regard to corruption of witnesses in
court below in case of a judgment on libel for col-
lision.
394

The Western Metropolis v. Low,

11. The assignee in bankruptcy of the plaintiff in
error may have a case re-instated which was dis-
missed, if he applies the same term, and be substi-
tuted for the bankrupt as plaintiff in error, unless
the court has no jurisdiction of the case.
Knox v. Bk.,
287

12. An objection insisted upon for the first time
in this court is ineffectual.
417

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16. Commissions to take testimony cannot be al-

lowed in this court, as of course. A good and suffi- | ASSIGNEE.
cient reason therefor must be shown.

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20. It is sufficient reason for giving preference to
cases in which a State is a party, that the money
represented by the bonds sued for is part of the
school fund, and is wanted for school purposes.
Huntington v. Texas,

550

21. A party cannot take advantage of rulings up-
-on exceptions in his own favor, even if erroneous.
Bethell v. Mathews,
556
22. A statement of facts signed by counsel cannot
be noticed upon error.
Idem,

556
23. In a writ of error to a joint judgment against
several, all must join, or the writ will be dismissed.
Hampton v. Rouse,
593
24. A party wishing to move the dismissal of an
appeal need not await the arrival of the term to
which the record ought to be returned.

Ex-parte Russell,

632
25. Where the record does not show that an ap-

peal was asked for or allowed, and the appeal bond
was not approved and there was no citation, the ap-
peal will be dismissed.

Monger v. Shirley,

635

26. A bill of exceptions dated during the term at
which the trial was had, although some days after
the trial, is sufficient if it show that the exceptions

were taken at the trial.

French v. Edwards,

702

27. When the court is composed of a single judge
or chancellor the writ of error may be allowed by
him; in other cases it can only be allowed by the
Chief Justice or Chancellor of the state court, or by
a justice of the Supreme Court of the United States.
Bartemeyer v. Iowa,
792
28. A writ of error may be prosecuted by one de-
fendant, where written notice was given to the co-
defendants and they declined to join.

O'Dowd v. Russell,

SEE BANKRUPTCY, 2, 6, 8, 10.
CONTRACTS, 3.

ATTORNEYS.

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3. The obligation of attorneys is not discharged
by merely observing the rules of courteous de-
meanor in open court, but includes abstaining from
insulting language and offensive conduct out of
court towards the judges, personally, for their ju-
dicial acts.
Idem,
646
4. A threat of personal chastisement made by an
attorney to a judge out of court for his conduct
during the trial of a cause pending, is good ground
for striking the name of the attorney from the
rolls.
Idem,
646
5. Such an order is a judicial act for which the
judge is not liable to the attorney in a civil action.
Idem,
646

AUDITA QUERELA.

1. The writ of audita querela does not lie, where
the party complaining has had a legal opportunity
of defense and has neglected it.

Avery v. U. S.,

405

parties may plead and take issue on the merits; it
2. Audita querela is a regular suit in which the
cannot, therefore, be sued out against the United
States.
405

1dem,
BAGGAGE.

SEE CARRIER, 5, 7.
BANKRUPTCY.

SEE CHATTEL MORTGAGE, 4.

1. No execution can issue on the judgment from
which defendant is discharged in bankruptcy with-
out order of the court and notice to him. He has no
further interest in the suit, and cannot bring a
writ of error thereon.
287

857
29. Where a judgment against a defendant was
reversed in a state court, because he was held not
entitled to the exemption which he claimed under
the Bankrupt Act, and a judgment against his sure-
ties was affirmed. because they were held not en-
titled to the benefit of his discharge, both judg-writ
ments were final, and may be brought to this court
by writ of error.

Idem,

857
30. A mistake in the date of a writ of error does
not vitiate the writ, where it was duly issued and
served.
Idem,

857
31. Where it does not appear from the record,
that any copy of the writ was lodged in the clerk's
office within ten days, nor when the bond was al-
lowed and filed, the writ of error cannot operate
as a supersedeas.
Idem,

ARMY.

857

Knox v. Bk.,

2. The assignee in bankruptcy, alone, can bring
of error.
Idem,
287
3. By insolvency, as used in the Bankrupt Act, is
meant inability of a party to pay his debts as they
become due in the ordinary course of business.
481

Toof v. Martin,

4. The transfer to one creditor, of a large portion
of a debtor's property, while he is insolvent, is con-
clusive evidence that a preference was intended in
fraud of the Bankrupt Act, unless the debtor can
show that he was at the time ignorant of his insolv-
ency.
Idem,
481
5. A creditor has reasonable cause to believe a
debtor insolvent, when such a state of facts is
brought to his notice as would lead a prudent busi-
ness man to the conclusion, that the debtor is un-
481
6. Where a fund was tranferred by a firm, one of
whom subsequently became bankrupt, a contest
for the fund between the transferee and the as-
signee in bankruptcy cannot be determined by the
Court in Bankruptcy in a summary way, but only
by an action at law or in equity.

A Brigadier-General is above the rank of brevet able to meet his obligations as they mature.
Brigadier-General.

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10. The assignee need not sue the sheriff, but may sue the bank which directed the levy and sale and holds the proceeds in its vaults.

Idem,

832

the shipper agreed that the goods should be stowed
on deck, cannot be receiver.
Idem,
779-

BILL OF REVIEW.

A bill of review may be maintained on the discovery of an agreement which was absent at the ed for.

11. What is an unlawful preference under the trial, where its absence was satisfactorily accountBankrupt Act? Idem,

BANKS.

SEE ACTION, 4.

832

1. By the Currency Act of 1864, banking associations are prohibited from making any loan or discount on the security of their own capital stock. Bk. v. Lanier,

172

2. A deposit is a loan of money, and is within said prohibition, whether interest be obtained or not. Idem, 172

3. A contract pledging the stock of a national bank to it as security for loans is illegal.

Idem,

172

4. Congress evidently intended, by the law of 1864, to relieve the holders of bank shares from the restrictions imposed by section 36 of the Act of 1863. Idem.

172

Easley v. Kellom,

BILLS, NOTES AND CHECKS.
SEE ASSIGNMENT, 3.

890

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5. National banks may be sued in any state, county or municipal court in the county or city in which said association is located, having jurisdic-in

tion in similar cases.

Bethel Bk. v. Pahquioque Bk.,

840

6. The act of the Comptroller of the Currency in appointing a receiver of a national bank does not work its complete dissolution, but the bank as a legal entity, continues to exist, and it may still sue and be sued, to close its business.

Idem,

840

7. The decision of the receiver disallowing a claim against the bank is not final, but is subject to review in the state court.

Idem, BEQUESTS.

SEE WILL, 1.

BILL OF LADING.

840

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Hanauer v. Doane,

439 the hands of a person knowing the fact, are not 4. Due-bills given for the price of such goods in good consideration for a note.

Idem,

439

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8. Where, on the last day of grace, the indorsers wrote to the holder of the note that the maker was unable to pay the note, and added "but we hold ourselves responsible for its payment and shall see it done at any early day," held, that such letter was a waiver of demand and notice. 476 9. Satisfactory proof of waiver of demand, notice and protest of a note, is equivalent to a compliance with the requirement. Pugh v. McCormick,

Yeager v. Farwell,

BONA FIDE PURCHASER.

SEE BONDS, 3, 11, 14.

789

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2. A person who is lessee of real property, with the right to purchase the same at a fixed price, is not a bona fide purchaser without notice as against an unrecorded mortgage.

Idem,

BONDS.

SEE CONTRACTS, 7, 8.
CORPORATION, 2.
DISTILLERS, 1-4.
USURY, 1, 4.

406

1. A finding that the plaintiff became the holder by transfer before maturity, does not imply that be purchased or received the coupons sued upon on any consideration whatever. Smith v. Sue Co.,

102 2. Where there is no proof on these points, the plaintiff can occupy no better position than the one to whom the bonds were originally delivered. Idem, 102 3. Purchasers of bonds, in good faith,in the open market, supposing them to be valid obligations, are bona fide holders for value. 199.

R. R. Co. v. Cowdrey,

4. Distiller's bond, conditioned to conform to all the provisions of the internal revenue Act, is valid. U. S. v. Mynderse, 241 5. The United States may maintain an action against the principal and sureties in such a bond, for violation of the requirements of sections 39 and 45 of the internal revenue Law of July 1, 1862. Idem. 241

6. Where the law authorizes a corporation to sell its own bonds, the giving collateral security on such sale, is not inconsistent with the transaction being a sale.

R. R. Co v. Bk.,

385 7. Where a receiver of public moneys has given bond for the faithful performance of his duties, proof that be had been robbed of such money is no defense to a suit on such bond.

Boyden v. U. S.,

527 8. His liability is to be measured by his bond, and where that binds him to pay the money, a cause which renders it impossible for him to do so is of no importance.

Idem,

527 9. Where a marshal or receiver of public moneys was in default for not paying over public moneys for some time before they were prevented from payment by the public enemies, such prevention is no defense to an action on their bonds to recover such moneys.

Bevans v. U. S., Haliburton v. U. S.,

531 333 10. Where a county received in exchange for its bonds, a certificate of stock of a railroad company, and held it seventeen years and still holds it, the county is estopped from asserting that the conditions on which the bonds were to be issued had not been fulfilled.

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2. If the charter-party let only the use of the vessel, the owner at the same time retaining its command and possession, the charterer is a mere contractor for a designated service, and the duties and responsibilities of the owner are not changed. Idem,

756

3. Under a clause in the charter-party by which the Government agreed that, in case the vessel should be destroyed or damaged by any extraordinary marine risk the owners should be indemnified, held, that a collision with a sunken anchor in the harbor was an ordinary risk for which the Government was not liable. 756

Idem,

CHATTEL MORTGAGE.

1. A chattel mortgage which was never deposited in the proper office is void, as against creditors, under the Statute of Kansas.

Bk. v. Hunt.

190 2. A chattel mortgage without seal is valid, unless a seal is required by Statute. Gibson v. Warden,

797 3. A chattel mortgage on partnership property executed by one of the partners is good, if the other partners authorized or acquiesced in its execution. Idem, 797

4. A chattel mortgage is not void as to an assignee in bankruptcy in Ohio, which was executed before, but filed within four months before filing the petition in bankruptcy. 797

Idem, 5. As between the mortgagor and the mortgagee and subsequent mortgagees and purchasers with notice, a mortgage is valid from its delivery without filing.

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6. Where the mortgaged property has been converted into money, the lien of the mortgage follows the fund into the hands of an assignee, and binds it there.

Idem,

CITIZENS.

SEE CORPORATION, 3.

COLLECTORS.

797

Under the Act of June 17, 1864, a collector is authorized to retain all fees paid him, not in excess of $2,500.

U. S. v. Ballard, COLLISION.

SEE DAMAGES, 1, 3-5.

INEVITABLE ACCIDENT, 1-3.
MARITIME LAW, 7, 10.

845

1. Whether the lookout on the schooner was sufficient can make no difference, where the want of a proper lookout did not contribute to the disaster. The Fannie v. The Forrester, 114

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9. That the other owners are also sued with him is no bar to a recovery against him, as it is in accordance with admiralty practice to decree against one of several respondents to a libel for a tort, and to discharge the others.

Idem,

419

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27. The violation of maritime law by the injured vessel in carrying a white light, and carrying it in an improper place rendered her in fault, and deprived her of all remedy for a collision.

Idem,

822 28. Where two ships are running in the same di10. Where both vessels were in fault, the dam-rection, the ship astern, if she is sailing faster than ages must be divided.

The Sapphire v. Napoleon III.,
Pentz v. The Ariadne,

127
542

11. In waters crowded with shipping, the duty of the lookout is of the highest importance, requiring indefatigable care and sleepless vigilance, and every doubt as to the performance of such duty, arising upon the evidence, should be resolved against the vessel owing such duty.

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the one ahead, must adopt the necessary precautions to avoid a collision.

828

The Cayuga v. Hoboken Land Co., 29. Where ships are running on intersecting lines, the one which has the other on her starboard side must keep out of the way of the other.

Idem.

828

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34. Where a collision occurs exclusively from nat ural causes, the loss must rest were it fell. The Mabey v. Atkins, 881 35. This rule has no application to a case where negligence is shown to have been committed on either side. Idem, 881 COMMERCE.

SEE NAVIGABLE WATERS, 1-4. 787 CONFISCATION.

17. Where the question of fault in a collision lies between a vessel at a wharf, out of the track of other vessels, and a steamer navigating a channel of sufficient width, the fault generally will be held to be with the steamer.

Idem,

787

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