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SHIPPING-Cont'd.

Implied warranty of seaworthiness.
15 C. C. A. 388; 60 C. C. A. 179.
Damages to ships and cargoes by ver-
min. 18 C. C. A. 231; 19 C. C. A.
473.
Admiralty jurisdiction over contracts.

18 C. Č. A. 347; 27 C. C. A. 530.
Loss by perils of the sea. 19 C. C. A.
465 64 C. C. A. 118.

General average. 20 C. C. A. 357; 84
C. C. A. 316.

Demurrage. 14 C. C. A. 657; 21 C.
C. A. 337; 46 C. C. A. 4.
Who are common carriers of goods by
water. 20 C. C. A. 535.

Limitation of owner's liability. 45 C.
C. A. 387.

Statutory exemptions of shipowners
from liability. 49 C. C. A. 11; 83
C. C. A. 294.

Demise of vessel. 55 C. C. A. 225.
Cancellation, surrender, or rescission

of charter of vessel. 61 C. C. A. 569.
Presumptions and burden of proof as
to cause of loss or injury to goods
shipped by vessel, and diligence or
negligence of carrier. 68 C. C. A.
398.

Accommodations to passengers on ves-
sels. 68 C. C. A. 630; 99 C. C. A.
364.

Capacity or authority of master of ves-

sel to hypothecate or make bottomry
bond. 75 C. C. A. 123.

Liability of vessel for injuries caused
by creation of swell. 78 C. C. A. 3.
Deductions and offsets from charter
hire of vessel. 84 C. C. A. 254.

Delivery of cargo to vessel affecting
liability for loss or injuries. 96 C.
C. A. 390.

SIGNALS.

At railroad crossings. 29 C. C. A. 90.

SLEEPING-CAR COMPANIES.
Their duties and liabilities towards
their passengers. 10 C. C. A. 335;
34 C. C. A. 386; 89 C. C. A. 10.

SPECIFIC PERFORMANCE.
Persons entitled to enforce specific
performance. 47 C. C. A. 493.
Of contracts requiring performance of
continuous acts. 49 C. C. A. 103.
Of contracts of which time is the es-
sence. 63 C. C. A. 562.
Necessity of tender of performance.
65 C. C. A. 91.

Conditions and provisions for relief to
defendant in decree in action for
specific performance. 79 C. C. A.
188.
Right of vendor seeking specific per-
formance of contract to have title
perfected pending suit. 80 C. C. A.
354.

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Power of Legislature to pass curative
statutes. 39 C. C. A. 180.
Amendment of amended, repealed. or
invalid statutes. 44 C. C. A. 590.
Effect of violation of statutes limiting
speed of trains. 59 C. C. A. 5.
Construction of statutes as affected by
mistakes in writing, grammar, spell-
ing, and punctuation. 65 C. C. A.
237.
History and passage of statutes and
contemporary circumstances as aids
to construction. 65 C. C. A. 535.
Pleading private statutes. 67 C. C. A.
2+1.
Construction and operation of provisos,
exceptions and saving clauses. 76 C.
C. A. 381.

Validity of laws alleged to impair
charter or franchise of corporation as
dependent on reservation of power to
alter or amend. 77 C. C. À. 281.

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Liability to creditors of corporation.
23 C. C. A. 315; 33 C. C. A. 23.
Enforcement of statutory liability of
stockholders in national banks. 52
C. C. A. 6.

Effect of judgment against corpora-
tion in action to enforce stockhold-
er's liability. 52 C. C. A. 305.
Liability of transferrors and trans-
ferees of corporate stock for assess-
ments. 61 C. C. A. 322.

Right of stockholders to sue or defend
on behalf of corporation as depend-
ent on refusal of corporation or of-
ficers to act. 87 C. C. A. 390.
Rights of minority stockholders as to
management of corporate affairs.
C. C. A. 482.

STREET RAILROADS.

89

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TAXATION.

TAXATION--Cont'd.

Due process of law. 8 C. C. A. 398.
Notice of equalization. 8 C. C. A. 400.
Forfeiture for nonpayment. 8 C. C.
A. 401.

Regulation and taxation of interstate
commerce by state. 8 C. C. A. 492;
24 C. C. A. 21.

Limitations of taxing power from mu-
tual independence of federal and
state governments. 23 C. C. A. 515.
Of foreign corporations. 24 C. C. A.
13.

Tax deed as color of title. 24 C. C. A.
402.

Of intangible property of nonresidents.
31 C. C. A. 467.

Persons entitled to injunction_restrain-
ing or damages for wrongful enforce-
ment of tax. 54 C. C. A. 550.

Of bank deposits. 60 C. C. A. 413.
Impairing obligation of contracts for
exemption from taxation. 70 C. C.
A. 294.

Place of taxation of property held in
trust or other fiduciary capacity. . 72
C. C. A. 283.

Restraining collection of taxes because
of excessive or unequal assessments
or valuations. 97 C. C. A. 16.
TELEGRAPHS AND TELEPHONES.
Measure of damages in actions against

telegraph and telephone companies.
15 C. C. A. 235; 28 C. C. A. 59.
Damages for mental suffering from de-
lay in delivering telegram. 11 C. C.
A. 571; 15 C. C. A. 250; 28 C. C.
A. 62.

Delay in transmission of message-
Failure to disclose that line was not
in working order. 14 C. C. A. 177.
Rights of telegraph and telephone com-
panies to use of 'streets. 44 C. C.

A. 155: 99 C. C. A. 14.
Notice and acceptance, by sender of
message. of printed conditions on
telegraph company's blanks. 89 C.
C. A. 590.

TENANCY IN COMMON.

Rights of co-tenant as to improvements
made under mistaken belief of per-
fect title. 69 C. C. A. 19.

TENDER.

Persons by whom tender may be made.
84 C. C. A. 428.

TERRITORIES.

Effect of acquisition of territory by
United States on laws and property
rights therein. 80 C. C. A. 457.

Of railroad land grants. 4 C. C. A. THREATENING POSTAL CARDS.

196.

Of equitable title to public lands. 4 C.
C. A. 196.

Lands of the United States not sub-
ject to state taxation. 4 C. C. A.
196.

Nonmailable matter. 30 C. C. A. 94.

TITLE.

Rights of co-tenant as to improve-
ments made under mistaken belief of
perfect title. 69 C. C. A. 19.

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A. 657; 35 ̊C. C. A. 242.
Unfair competition. 20 C. C. A. 165;
30 C. C. A. 376.

Laches as a defense in suits for in-
fringement. 22 C. C. A. 211; 36 C.
C. A. 613.

Misleading or false labels. 29 C. C.
A. 250; 97 C. C. A. 265.
Abandonment. 33 C. C. A. 294.
Arbitrary, descriptive, or fictitious
character of trade-marks and trade-
names. 50 C. C. A. 323.

Names of books or other publications
as trade-marks or trade-names.
C. C. A. 601.

Restraining infringement of

88

trade-

mark or trade-name as dependent on
knowledge or intent of infringer.
C. C. A. 4.

TRADE SECRETS.

Disclosure. 58 C. C. A. 8.

TRESPASS.

90

Rights of trespasser on train. 31 C.
C. A. 76.

Liabilities of corporations. 39 C. C.
A. 15.

TRESPASS-Cont'd.

Liability of railroads or street car
companies for ejection of trespassers.
51 Č. C. A. 578.

Negligence in ejecting trespasser under
disability. 62 C. C. A. 422.

Care required of railroads as to tres-
passers on or near tracks.
A. 566.

TRIAL.

Jury trial in federal court.

97 C. C.

5 C. C.
A. 603; 26 C. C. A. 528; 27 C. C.
A. 393.

Instructing jury and receiving verdict
on Sunday. 12 C. C. A. 462.
Comments of counsel on failure to
produce witness. 13 C. C. A. 589.
Trial by jury in criminal prosecutions.
39 C. C. A. 275.

Additional proofs in appellate court
without trial de novo. 67 C. C. A.
600.
Operation and effect of motions by
both plaintiff and defendant for di-
rection of verdict. 77 C. C. A. 8.
Credibility of witnesses or parties tes-
tifying as question for jury. 88 C.
C. A. 143.

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UNITED STATES.

Estoppel against. 16 C. C. A. 353.
Assignment of claims and government
Contracts. 22 C. C. A. 650.

Nature and extent of power of United
States to condemn property for pub-
lic use. 70 C. C. A. 653.

Effect of acquisition of territory by
United States on laws and property
rights therein. 80 C. C. A. 457.

USURY.

Statutory exemptions of building and
loan associations from operation of
usury laws. 36 C. C. A. 343.
What law governs usury by building
and loan associations. 51 C. C. A.
319.

VENDOR AND PURCHASER.

Marketable title. 40 C. C. A. 592.
Liabilities of venders of injurious sub-
stances or defective machinery and
appliances for injuries to persons
other than immediate vendees. 57 C.
C. A. 5.

AND

VENDOR
Cont'd.
Right of vendor seeking specific per-
formance of contract to have title
perfected pending suit. 80 C. C. A.
354.

PURCHASER | WILLS.

Deficiency judgments and personal liability on foreclosure of vendors' liens. 82 C. C. A. 48S.

Necessary and proper parties in suits to foreclose or enforce vendors' liens. S3 C. C. A. 359.

Conditions and collateral agreements on execution or transfer of bills or notes as affecting bona fide purchasers. 95 C. C. A. 207.

WAIVER.

Of prepayment of insurance premiums.
13 C. Č. A. 292.

Of maritime liens. 17 C. C. A. 102.
Of conditions of insurance. 27 C. C.
A. 46.

Of defense by acceptance of premiums.
33 C. CA. 369.

Of trial by jury in criminal prosecutions. 39 C. C. A. 281.

Of right as to district in which suit may be brought. 52 C. C. A. 192; 87 C. C. A. 634.

Of right to remove cause to federal court. 66 C. C. A. 612.

Of objections to instructions in criminal prosecutions. 88 C. C. A. 302.

WAR.

The neutrality laws. 28 C. C. A. 622.

WAREHOUSEMEN.

Liability of carriers as. 20 C. C. A. 529.

WATERS AND WATER COURSES.
Pollution of water courses. 37 C. C.
A. 538.

Abandonment of water rights. 45 C.
C. A. 190.

Liabilities of companies furnishing wa-
ter for domestic and municipal pur-
poses for injuries from insufficient
supply. 99 Č. C. A. 266.

WIFE.

Death of husband by wrongful act-
Damages. 1 C. C. A. 33.
Liability, of husband for torts of. 12
C. C. A. 196.

Probate jurisdiction of federal courts, 36 C. C. A. 276.

WITNESSES.

Competency in federal courts-Follow-
ing state practice. 5 C. C. A. 602;
21 C. C. A. 278.
Method of

summoning - Following state practice. 5 C. C. A. 602. Comments of counsel in argument on failure to produce. 13 C. C. A. 589. Competency of, as to general reputation. 53 C. C. A. 109.

Misconduct of witness with reference
to cause on trial as ground for im-
peachment. 71 C. C. A. 411.
Time for objection to competency of
witness. 74 C. C. A. 3.

Impeachment and contradiction of par-
ty called as witness by adversary.
74 C. C. A. 142.

Excuses for disobedience of subpoenas. 76 C. C. A. 591.

Right of accused to be confronted by witnesses. 80 C. C. A. 116. Impeachment of witness by evidence of statements, declarations, or admissions, showing bias or prejudice. 86 C. C. A. 593.

Credibility of witnesses or parties testifying as question for jury. 88 C. C. A. 143.

Right to require plaintiff in action for personal injuries to submit to physical examination. 93 C. C. A. 435. Examination of witnesses by court. 95 C. C. A. 4.

Competency of witnesses attesting execution of deed. 95 C. C. A. 331. Competency of physicians or surgeons to testify as to communications by patients or as to information acquired professionally as dependent on subject-matter. 97 C. C. A. 129. Communications by or between persons having a common interest as privileged. 97 C. C. A. 340.

Absence of witness as ground for introduction of his testimony given at former trial. 98 C. C. A. 3.

WRITS.

Form and service of process. 5 C. C.
A. 594.

Issue and service on Sunday. 12 C. C.
A. 462.

NOTES IN THIS VOLUME

Page

Removal of Causes-Separable Controversy.
Collateral Attack on Judicial Sale, Decree, or Order Therefor, or
Confirmation Thereof.....

4

172

....

Jurisdiction of Circuit Courts as Determined by the Amount in
Controversy

288

Persons Liable for Infringement of Patent..

Collision with or between Towing Vessels and Vessels in Tow... 581

414

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