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APPEAL AND ERROR-Continued.

PAGE

Review of a decree affecting division of conjugal property
made by the Supreme Court of the Philippine Islands is by
appeal and not writ of error. De la Rama v. De la Rama.... 154
Where highest court of State refuses to review judgment of
intermediate appellate court, it is to latter court that writ of
error from this court runs. San Antonio & A. P. Ry. v.
Wagner..

Chinese person detained for deportation held not entitled to
direct appeal from judgment of District Court dismissing
petition for habeas corpus. Chin Fong v. Backus.......

A statutory provision adding ten per cent. to amount of
judgment if affirmed on appeal does not deny due process of
law; nor does due process require State to provide for sus-
pension of judgment pending appeal. Louisville & Nash-
ville R. R. Co. v. Stewart . . . . . .

476

261

1

In Second Circuit practice well established that appeal
from decree in admiralty to the Circuit Court of Appeals
opens case for trial de novo. Reid v. American Express Co... 544
Circuit Court of Appeals is without power to compel party
who has prosecuted both direct appeal from this court under
§ 238, Jud. Code, and writ of error from Circuit Court of
Appeals, to elect which method he will pursue, and, in de-
fault of his withdrawing the direct appeal, to dismiss the
writ of error. Lamar v. United States......... . .

... 103

Court will not assume that Congress intended to cut off
opportunity to revise doubtful questions of law and fact by
imposing penalty for reasonable delay in payment caused by
appeal based on sufficient cause. Pacific Mail S. S. Co. v.
Schmidt....

Sections 6509 and 6521, Mansfield's Digest, Laws of
Arkansas, were not put in force in Indian Territory by
Act of May 2, 1890; but quære as to § 6523. Gidney v.
Chappel.

See Jurisdiction.

245

66

APPEARANCE:

Affidavit of one party, showing on its face that it was to be
used only as evidence for defendants, held not to be con-
strued as appearance by affiant. Merriam v. Saalfield...... 22
Even though government of Porto Rico has sovereign attri-
butes and has only consented to be sued in its own courts,
the solemn appearance in the United States District Court,
and the taking of other steps by, its Attorney General, held

APPEARANCE-Continued.

to have amounted to a consent to be sued in that court, and
thereafter government could not deny its jurisdiction.
Richardson v. Fajardo Sugar Co... ..

APPLIANCES. See Employers' Liability Act; Safety Ap-
liance Act.

APPORTIONMENT OF REPRESENTATION:

Nothing in Act of Congress of 1911, apportioning represen-
tation among States, prevents people of State from reserving
right of approval or disapproval by referendum of a state act
redistricting State for purpose of congressional elections.
Davis v. Ohio..

ASSESSMENTS. See Condemnation of Land; Taxes and
Taxation.

ASSUMPTION OF RISK. See Employers' Liability Act.

BAIL BONDS. See Criminal Law.

BANKRUPTCY:

A transfer made by a bankrupt to his wife of certain valuable
certificates of stock held to have been made before insol-
vency. Stowe v. Harvey ...

That bankrupt broker did not have sufficient shares of
stock of corporation on hand at time of his bankruptcy to
satisfy demands of all his customers entitled thereto, held
not to prevent such customers from obtaining any of such
shares and require that all of such shares should go into
general estate. Duel v. Hollins.

Delivery by broker of stock purchased on margin, after
payment of amount due, may be made during insolvency
without creating preference. Id.

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44

565

199

523

Under § 64a, holders of tax-certificates who have paid taxes
and assessments on property of bankrupt at tax sales which
have been declared invalid, are entitled to reimbursement
out of general fund of bankrupt's estate, with legal interest,
but not with larger interest and penalties imposed by
statute in redemptions. Dayton v. Pueblo County. . . . .... 588
Where agreement by way of compromise was made more
than four months before petition filed, whereby payment
was to be made from fund of which bankrupt entitled to
residue, of all lienable claims, including claim of one who
had waived right to file liens, but had subsequently filed
claiming right so to do owing to failure of bankrupt to fulfil

BANKRUPTCY-Continued.

contract; held, that payments made to such party within
the four-month period were not recoverable by the trustee as
preferential. Johnson v. Root Mfg. Co....

BANKS AND BANKING:

Where a bank holding a draft for collection, with instruc-
tions to deliver documents attached only on payment, per-
mitted drawee to take possession of goods covered by the
documents on his agreeing to deposit the proceeds thereof as
sold, such action on the part of the collecting bank con-
stituted a payment in law of the draft if the value of the
goods was not less than the amount of the draft. Russo-
Chinese Bank v. National Bank of Commerce...
Such action of the collecting bank amounted to a misappro-
priation of the property and liability to account for its
value immediately arose. Id.

Collecting bank became invested with ownership of goods
and could not be excused from obligation to account by de-
claring that goods had disappeared without its knowledge;
the relation of principal and agent existed and, as agent,
collecting bank was obligated to act in good faith to protect
rights of owner of draft. Id.

Even if bank, sending draft for collection, suffers no loss on
account of guaranty from original owner, it may, in view of
its relation to commercial paper, demand, as principal, an
accounting from its correspondent, and resist an action to
recover back money received upon the draft. Id.

BEACONS. See Admiralty.

BENEFITS. See Condemnation of Land; Taxes and Taxa-
tion.

BILL OF LADING:

Bill is contract; and, if interstate, to be construed in light of
provisions of Carmack Amendment. Northern Pacific Ry.
Co. v. Wall.

Provision in interstate bill is to be construed the same as to
connecting or terminal carrier as to initial carrier. Georgia,
F. & A. Ry, v. Blish Milling Co.. ...

Where provision in bill applicable and valid effect must be
given thereto. Id.

Interpretation and effect may present Federal question,
even though no affirmative proof that carrier has filed
tariff schedules. Cincinnati, N. O. & T. Ry. v. Rankin.

PAGE

160

403

87

190

319

BILL OF LADING

Continued.

PAGE

Parties to contract made pursuant to Commerce Act cannot
waive its terms. Georgia, F. & A. Ry. v. Blish Milling Co... 190
One of objects of Carmack Amendment was uniformity of
responsibility under interstate bills of lading. Atchison, T.
& S. F. Ry. v. Harold.....

Under Carmack Amendment duty to issue and responsi-
bilities thereunder is action of Congress, excluding state
action thereon.

Id.

371

190

319

Bill issued by initial carrier upon interstate shipment gov-
erns entire transportation and fixes obligations of all partici-
pating carriers to extent that its terms are applicable and
valid. Georgia, F. & A. Ry. v. Blish Milling Co.
Recitals in bill, signed by both carrier and shipper, that law-
ful alternate rates based on valuations were offered, consti-
tute admissions by shipper and prima facie evidence of
choice, and cast on shipper burden of proof to contradict.
Cincinnati, N. O. & T. Ry. v. Rankin............
Application by state court to interstate shipment of local
rule investing innocent holder with rights not available to
shipper is reversible error. A., T. & S. F. Ry. v. Harold 371
Quare, whether attributing to interstate bill characteristics
in conflict with general commercial rule would not consti-
tute direct burden on interstate commerce. Id.
Where bill of interstate shipment requires notice of claim
for misdelivery before action can be brought against initial
carrier, such notice must be given to terminal carrier mak-
ing misdelivery. Georgia, F. & A. Ry. v. Blish Milling Co. 190
A stipulation in bill of interstate shipment that shipper
must, as condition precedent to right of recovery for in-
jury to shipment while in transit, give notice thereof in writ-
ing to some officer or station agent of the initial carrier, is
satisfied by notice to station agent of connecting or de-
livering carrier. Northern Pacific Ry. Co. v. Wall..
Stipulation in bill requiring notice of claim before action
brought held satisfied by telegram from shipper to terminal
carrier. Georgia, F. & A. Ry. v. Blish Milling Co. .. .. .. .. 190

BROKERS:

Brokers and their customers stand in the relation of pledgee
and pledgor. Duel v. Hollins......

In dealings between brokers and customers stock certificates
issued by same corporation are to be treated as indistinguish-
able tokens of actual values. Id.

87

523

BROKERS-Continued.

As between themselves, after paying amount due broker
on marginal transaction, customer may demand from broker
delivery of stock, purchased for his account, and such de-
livery made during insolvency is not preference. Id.
Where bankrupt broker did not have sufficient shares of
stock of corporation on hand at time of bankruptcy to
satisfy demands of all customers entitled thereto, held that
such customers were entitled to such shares on demanding
same, participating pro rata in division of shares actually on
hand. Id.

BURDEN OF PROOF. See Evidence.

CALIFORNIA:

PAGE

Title to stock may be transferred by delivery of certificates
and the corporate books are not open for public information.
Stowe v. Harvey... .

199

CARMACK AMENDMENT:

Liability of initial and connecting carriers under.
Georgia, F. & A. Ry. v. Blish Milling Co. ... .

190

CARRIERS. See Bill of Lading; Common Carriers; Em-
ployers' Liability Act; Interstate Commerce; Rail-
roads; Safety Appliance Act.

CASES OVERRULED, ETC.:

Matter of Heff, 197 U. S. 488, overruled.
Nice

United States v.

591

For cases approved, distinguished, explained and followed,
see Table of Cases in front of volume.

CERTIFICATES OF STOCK. See Brokers.

CERTIORARI:

Where granted to review question of law, assumption that
lower courts right where they agreed upon construction of
facts. Pacific Mail S. S. Co. v. Schmidt....

245

Petitions for writ of certiorari to state courts or other proper

proceeding under the Act of Congress of December 23, 1914,
denied. Stowe v. Taylor....

Callaghan v. Massachusetts.

Baltimore v. United Railways...

(These were the first proceedings under the Act of 1914.)
Amendment of Rule 37, relative to presentation of petitions
for. See p. 635.

658

667

671

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