2. Immigration. Under Act Cong. March 3, 1903, c. 1012, §§ 21, AMENDMENT. Of assessment for taxation, see "Taxation," Of judgment, see "Judgment," § 2. Of pleading, see "Equity," § 2; "Pleading," ANIMALS. Transportation by vessel, see "Shipping," § 4. ANTENUPTIAL CONTRACTS. See "Husband and Wife," § 1. APPEAL AND ERROR. Conformity of federal courts to state practice, Costs, see "Costs," § 1. Review in bankruptcy proceedings, see "Bank- Review in patent infringement suit, see "Pat- Review of proceedings in admiralty, see "Ad- § 1. Decisions reviewable. In a suit to foreclose a mortgage and deed of 2. Presentation and reservation in In the absence of evidence, held, that it can- Assignments of error based on the giving and 5. Review. Federal courts have large discretion to per- Where a civil case was tried by the Circuit The refusal of the court to set aside a verdict The admission of incompetent evidence is not Evidence on a retrial of a case held not such § 6. Determination and disposition of cause. A holding on a prior appeal that plaintiff had A mandate, after appeal, held to authorize the In an action for the reasonable value of plain- § 7. Liabilities on bonds and under- Summary judgment, after affirmance, held Of assignee in bankruptcy, see "Bankruptcy," Of risk by employé, see "Master and Servant,” $$_3-7. Of United States district attorney, see "District and Prosecuting Attorneys." APPORTIONMENT. § 2. ATTACHMENT. See "Garnishment." 1. Return. A marshal's return on attachment that, in Of salvage compensation, see "Salvage," § 2. obedience to the annexed writ of attachment, he APPRAISAL. had attached the following described property, to wit, etc., held sufficient to show a valid attachment on the property described, within Alaska at date_of_levy.-Griffin v. American Gold Min. Co. (C. C. A.) 69. Of merchandise subject to duty, see "Customs Code Civ. Proc. Or. §§ 149, 151, in force in Duties," § 4. ARMY AND NAVY. Habeas corpus for release of person held under court-martial, see "Habeas Corpus," § 2. Pensions, see "Pensions." A judgment imposed by a court-martial is valid only when it affirmatively appears that the court was legally constituted, that it had jurisdiction of the person and offense charged, and that its judgment imposed was conformable to the law. Hamilton v. McClaughry (C. C.) 445. Whether a condition of war exists, within the fifty-eighth article of war relating to the trial of certain offenses committed by soldiers, is within the exclusive jurisdiction of the political department of the government.-Hamilton v. McClaughry (C. C.) 445. The "Boxer uprising" in China in 1900 held to constitute "a time of war," within the fiftyeighth article of war, providing for the trial of certain offenses committed by soldiers in time of war by military court-martial.-Hamilton v. McClaughry (C. C.) 445. See "Ne Exeat." ARREST. ASSESSMENT. Of loss on insured, see "Insurance," § 2. Of tax, see "Taxation," § 2. ASSIGNMENTS. In bankruptcy, see "Bankruptcy," § 3. Of patents, see "Patents," § 6. ATTORNEY GENERAL. Under Const. Ark. art. 6, § 22, the Attorney General has no powers except those given by the statutes of the state.-Railroad Tax Cases (C. C.) 233. Under Kirby's Dig. art. 6, c. 62, § 7182, the Attorney General held without power to intervene on behalf of the state in suits against the State Board of Railroad Commissioners to restrain collection of taxes on assessments made by them.-Railroad Tax Cases (C. C.) 233. AUCTIONS AND AUCTIONEERS Sale of property of bankrupt, see "Bankruptcy," § 5. AUTHORITY. Of agent, see "Principal and Agent," § 1. BAGGAGE. Of passenger, see "Carriers," § 1. BAILMENT. See "Warehousemen." BANKRUPTCY. See "Insolvency." Privilege of bankrupt as witness as ground for State laws as rules of decision in courts of visions. 1. Constitutional and statutory pro- § 2. Petition, adjudication, warrant, An original bankruptcy petition held not de ceeding. In re Haff (C. C. A.) 78. Under Bankr. Act July 1, 1898, c. 541, $$ taken into account as an asset in determining The failure of a Pennsylvania corporation to An ice company, which sells not only ice of The fact that directors and stockholders of First The term "disbursements," as used in Bankr. (5), 48a, 72, 30 Stat. 545, 557 [U. S. Comp. St. Under Bankr. Act July 1, 1898, c. 541, §§ 2 1901, p. 3439], as amended by Act Feb. 5, distribution of bankrupt's estate An original bankruptcy petition cannot be 3. Assignment, administration, and An adjudication of bankruptcy absolves the An adjudication of bankruptcy in a case in An involuntary petition held sufficiently veri- The liability of stockholders of a corporation Where creditors of a bankrupt assigned their $ 32. Assignment, and title, rights, The liens enumerated in Bankr. Act July 1, Where the trustee of a bankrupt contractor to have such action stayed as against other parties pending the bankruptcy proceedings.-In re Grissler (C. C. A.) 754. Where insurance policies belonging to a bankrupt, without a cash surrender value, had an inchoate value for paid-up insurance and as collateral for a loan, the bankrupt's trustee was entitled to the benefit thereof as property which the bankrupt could have transferred. In re Coleman (C. C. A.) 818. Bankr. Act July 1, 1898, c. 541, § 70, subd. 5, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3451], held not to deprive a bankrupt's trustee of the right to insurance policies having an inchoate, but no cash surrender, value. In re Coleman (C. C. A.) 818. Where a policy on a bankrupt's life was pay-1 able to his wife in case she survived him, oth erwise to the bankrupt's executors, administra- Feb. 5, 1903, c. 487, § 13, 32 Stat. 799 [C. S. Comp. St. Supp. 1903, p. 416]; an unrecorded mortgage being valid under the law of the state between the parties and as against general creditors. Meyer Bros. Drug Co. v. Pipkin Drug Co. (C. C. A.) 396. A contractor's trustee in bankruptcy stands in no better position with reference to the lien claim of a materialman than would the contractor's general assignee for the benefit of creditors. In re Grissler (C. C. A.) 754. A pledge of warehouse receipts held valid under the facts shown, and to carry constructive possession to the pledgees, who took the same for value and in good faith, to the property represented thereby, as against the trustee in Storage Co. (C. C.) 918. bankruptcy of the pledgor.-Bush v. Export Stat. 564 [U. S. Comp. St. 1901, p. 3449], held Bankr. Act July 1, 1898, c. 541, § 67d, 30 satisfied, as to the recording of a transfer for a present consideration, if it be recorded before bankruptcy proceedings.-In re Clifford (D. C.) 475. ence The title which passes to the trustee of a Bankr. Act July 1, 1898, c. 541, § 60a, 30 bankrupt, under Bankr. Act July 1, 1898, c. Stat. 562 [U. S. Comp. St. 1901, p. 3445], as 541, § 70a (4), 30 Stat. 566 [U. S. Comp. St. amended held to prohibit the giving of a prefer1901, p. 3451], to “property transferred by him to existing creditors only; section 67d in fraud of his creditors," is limited to such covering a transfer for a present consideration. property as might have been recovered by cred--In re Clifford (D. C.) 475. itors in whose right the trustee takes under the laws of the state, and as may be recovered by him under section 70e (30 Stat. 566 [U. S. Comp. St. 1901, p. 3452]), which expressly excludes property which passed into the hands of a bona fide holder for value prior to the date of the adjudication.-Bush v. Export Storage Co. (C. C.) 918. Property which was delivered to a purchaser for the purpose of sale by him in the usual course of his business passes to his trustee in bankruptcy, under Bankr. Act July 1, 1898, c. 541, § 70a (5), 30 Stat. 565 [U. S. Comp. St. 1901, p. 3451], notwithstanding a contract by which the seller reserved title until payment should be made, with the right to take possession at any time.-In re Rasmussen's Estate (D. C.) 704. § 4. Preferences and transfers by bankrupt, and attachments and other liens. Liens given by an insolvent within four months prior to his bankruptcy to secure loans made him at the time, which were valid under the laws of the state and were accepted by the lenders in good faith and without knowledge of the borrower's insolvency, or good cause to believe him insolvent, are protected by Bankr. Act July 1, 1898, c. 511, § 67d. 30 Stat. 564 [U. S. Comp. St. 1901, p. 3449].-Crim v. Woodford (C. C. A.) 34. A chattel mortgage, given by a bankrupt more than four months prior to bankruptcy, but not recorded, as authorized by Rev. St. Tex. 1895, art. 3328, until within said four months, does not constitute a preferential transfer of the property, within the meaning of Bankr. Act July 1, 1898, c. 541, § 60a, as amended by Act Under Bankr. Act July 1, 1898, c. 541, § 60a, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445], a mortgage held not to be a preference, in the absence of findings as to time of insolvency, and the mortgagee having reasonable cause to believe a preference was intended.-In re Clifford (D. C.) 475. Evidence held to show that at the time a creditor received payment from his debtor he had reasonable cause to believe the latter to be insolvent and to intend giving him a preference, which entitled the debtor's trustee in bankruptcy to recover the amount, under Bankr. Act July 1, 1898. c. 541, § 60a, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3445].-Thomas v. Adelman (D. C.) 973. Administration of estate. § 5. The failure of a referee to summarize the evidence on certifying a matter to the judge for review, as required by General Orders in Bankruptcy No. 27 (89 Fed. xi, 18 Sup. Ct. viii), will not invalidate the proceeding for review, where the evidence itself was certified and substantial matters were determined by the judge without any motion having been made for a summary of the evidence.-Crim V. Woodford (C. C. A.) 34. Court of bankruptcy held authorized to ap point an auctioneer to sell property of a bankrupt in advance of any occasion therefor, under Bankr. Act July 1, 1898, § 2, subds. 7, 15, 308 The trustee in bankruptcy has the option to assume or renounce executory contracts of the bankrupt, as he may deem for the best interests of the estate.-Watson v. Merrill (C. C. A.) 359. To authorize an order for the sale of a bankrupt's property free of liens, the record should show affirmatively that every creditor whose lien will be discharged has received notice of the application therefor, and a general statement by the referee that such notice has been given is insufficient.-In re Saxton Furnace Co. (D. C.) 697. Holders of the bonds of a bankrupt corporation, secured by a mortgage which gives them the right to use such bonds in the purchase of the property, if sold at judicial sale, should not be deprived of such right by an order authorizing the trustee to sell the property free from liens, so long as their title to the bonds is unimpeached. In re Saxton Furnace Co. (D. C.) 697. A bankrupt held not entitled to object to a private sale before advertisement of his interest in his father's estate for the first time before the judge.-In re Gutterson (D. C.) 698. Bankrupt's trustee held authorized to sell all the right, title, and interest of the bankrupt in the estate of his father, where a purchaser who would give a substantial sum had been found, and it did not clearly appear that the bankrupt had no right in his father's estate which passed to his trustee. In re Gutterson (D. C.) 698. Where a court of bankruptcy, on a petition for review of an order of a referee requiring a bankrupt to turn over certain property to his trustee or to pay its value, made an order giving the bankrupt a stated time within which to comply with the order of the referee, it was impliedly an affirmance of such order, and it is not again subject to review in subsequent proceedings. In re Hershkowitz (D. C.) 950. An order affirming an order of a referee requiring a bankrupt to turn over property to his trustee construed, and held not to constitute an adjudication that the bankrupt should not be committed for contempt for disobedience. -In re Hershkowitz (D. Č.) 950. § 6. Actions by or against trustee. A mechanic's lien, to which a bankrupt was entitled at the date of the adjudication, held not enforceable in the federal courts, unless the adverse parties consent to be sued in the United States Circuit Court, under Bankr. Act July 1, 1898, c. 541, § 23, 30 Stat. 552 [U. S. Comp. St. 1901, p. 3431].-In re Grissler (C. C. A.) 754. A bill in equity to recover payments by bankrupt within four months of bankruptcy held not required to allege a previous demand.-Wright V. Skinner (D. C.) C94; Same v. William Skinner Mfg. Co., Id. 7. Claims against and distribution of estate. A claimant, having been properly permitted to prove his claim as against a bankrupt indorser as an unsecured claim, held entitled to participate in dividends without first realizing by him against the principal debtor.-Gorman and crediting the proceeds of securities held v. Wright (C. C. A.) 164. Under Bankr. Act July 1, 1898, c. 541, § 1, subd. 23, 30 Stat. 545 [U. S. Comp. St. 1901, p. 3419], a secured creditor is one holding security against the property of the bankrupt himself, or secured by the individual obligation of another holding such security.— Gorman v. Wright (C. C. A.) 164. Rents to be paid at times subsequent to a filing of the petition in bankruptcy are not provable claims under Act July 1, 1898, c. 541, § 63, cls. "a," "b" 30 Stat. 562, 563 [U. S. Comp. St. 1901, p. 3447].-Watson v. Merrill (C. C. A.) 359. Damages for breach of contract of bankrupt to pay rent at times subsequent to the filing of the petition in bankruptcy are not provable claims.-Watson v. Merrill (C. C. A.) 359. Claimants who furnished goods on orders given by a corporation to its employés and charged against their wages held not entitled, on the bankruptcy of the corporation, to be subrogated to a statutory lien of such employés, under Acts Tenn, 1897, p. 222, c. 78, nor to their right of priority under the bankruptcy W.-J. P. Browder & Co. v. Hill (C. C. A.) 821. Where creditors of a bankrupt assigned their claims to a committee in trust, they had an adequate remedy at law by proof of their claims through the committee against the bankrupt, and were not entitled to severally prove their equitable interests, notwithstanding the state law abolished the distinction between legal and equitable proceedings. In re E. T. Kenney Co. (D. C.) 451. Beneficial interest of creditors of a bankrupt, who had assigned their claims to a committee as trustee, held a mere equitable, unliquidated demand, not provable in the bankruptcy proceedings, under Bankr. Act July 1, 1898, c. 541, § 63b, 30 Stat. 563 [U. S. Comp. St. 1901, p. 3447]. In re E. T. Kenney Co. (D. C.) 451. A committee of creditors holding claims against a bankrupt's estate by assignment held to hold as trustee or under a power coupled with an interest, so that the committee only was entitled to prove the claims as a single claim.-In re E. T. Kenney Co. (D. C.) 451. A claimed indebtedness from one creditor of actions not connected with the bankruptcy proa bankrupt to another, growing out of transceedings, cannot be litigated in such proceedings or adjusted in the distribution of dividends. -In re Girard Glazed Kid Co. (D. C.) 511. A deposit of separate township funds by a township treasurer in a private bank, under Rev. St. Ohio, §§ 1513, 1514, 6841, held an ordinary, and not a special trust, deposit.-In re Smart (D. C.) 974. |