INDEX-DIGEST KEY NUMBER SYSTEM) THIS IS A KEY-NUMBER INDEX It Supplements the Decennial Digest, the Key-Number Series and 105 (U.S.C.C.A.) In admiralty proceeding, See Bankruptcy, 250; Executors and Ad- titled to be considered, when first raised on ap- ADMIRALTY. See Collision; Maritime Liens; Seamen; I. JURISDICTION. peal. The Samuel Little, 136. 118 (U.S.C.C.A.) On appeal in admiralty, 16 (U.S.C.C.A.) Admiralty courts held au- ADMISSIONS. See Food. ADULTERATION. ADVANCES. 21 (U.S.C.C.A.) Under Code Civ. Proc. N. II. REMEDIES IN PERSONAM AND IN 34 (U.S.C.C.A.) Where there is nothing ex- SECURITY. 51 (U.S.C.C.A.) A suit in rem against a ADVERSE POSSESSION. See Limitation of Actions. II. OPERATION AND EFFECT. (B) Title or Right Acquired. AGENCY. See Principal and Agent. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER (669) See Contracts. AGREEMENT. ALIENS. come a public charge, affidavits, letters, and newspaper clippings may be admitted as evidence.-Id. Findings of immigration officers as to admission of alien immigrants is final and conclusive, See Conspiracy, 28; Constitutional Law, in the absence of unfairness or abuse of discremm 92. tion.-Id. IV. NATURALIZATION. II. EXCLUSION OR EXPULSION. 23 (U.S.C.C.A.) Minor child of Chinese 68 (U.S.C.C.A.) The Circuit Court of Apmerchant held lawfully within the United peals has no jurisdiction of a writ of error sued States; he not being afflicted with any moral out by the United States to review a decree or physical infirmities justifying deportation, admitting an alien to citizenship.-United States under Act March 26, 1910.-Lew Ling Chong v. Neugebauer, 508. v. United States, 635. 24 (U.S.C.C.A.) That minor son of Chinese merchant worked in a laundry held not to de ANIMALS. feat his right to remain in the United States. See Chattel Mortgages, 164. Lew Ling Chong v. United States, 635. ANTI-TRUST LAW. 32 (U.S.C.C.A.) Judgment on appeal in deportation proceeding, affirming commissioner's See Monopolies, 23. order of deportation, held not to be disturbed on the facts, except in a perfectly clear case.Yee Et (Ep) v. United States, 537. Testimony under commission in deportation proceeding of witnesses who identified the accused persons by photograph, though they could have testified in open court, held entitled to little if any weight.-Id. 32 (U.S.C.C.A.) Proceeding on appeal from order of deportation held properly taken to Circuit Court of Appeals by appeal.-Lew Ling Chong v. United States, 635. Evidence held to show that father of Chinese person, admitted as minor son of a merchant, was a merchant.-Id. On appeal from order of deportation, statements in the commissioner's memorandum opinion held not evidence against the person sought to be deported.-Id. On appeal in deportation proceeding, review of facts held not precluded by finding of commissioner and District Court that alien was unlawfully within the United States.-Id. III. IMMIGRATION. APPEAL AND ERROR. 32, See Admiralty, 105, 118; Aliens, III. DECISIONS REVIEWABLE. 100 (U.S.C.C.A.) Where an order continuing a restraining order is made after hearing on a motion to preserve the order, it is in effect an injunction, and appealable.-Western Union Telegraph Co. v. United States & Mexican Trust Co., 113. V. PRESENTATION AND RESERVA- (B) Objections and Motions, and Rulings 193 (U.S.C.C.A.) The failure of the complaint to state a cause of action may be alleged ed below.-Griggs v. Nadeau, 189. as error in an appellate court, though not rais 40 (U.S.C.C.A.) That an alien received a certificate on entering the Philippines which entitled him to enter the mainland without fur-231 (U.S.C.C.A.) No claim of error could ther examination does not prevent the amend- be predicated upon the overruling of an objecment of the rule so as to require such examina- tion to evidence; no ground of objection being tion.-Healy v. Backus, 166. stated.-Pennsylvania Co. v. Sheeley, 471. (C) Exceptions. 44 (U.S.C.C.A.) The Commissioner General of Immigration had authority, under Immigation Act, § 22, to promulgate rule 14, provid-248 (U.S.C.C.A.) Where no exceptions are ing for a re-examination of aliens who came to taken at a jury trial, an appellate court has no the mainland after a sojourn in the Philippines. power on writ of error to review alleged errors -Healy v. Backus, 166. committed during the trial.-Griggs v. Nadeau, 189. 54 (U.S.C.C.A.) Proceedings for the exclusion of an alien are summary in their nature, and if fairly conducted cannot be objected to because of irregularities or of variance between the application and warrant.-Healy v. Backus, 166. Proceedings for the exclusion of aliens, in which the government was allowed to introduce testimony after the aliens had introduced their testimony, held to be fair, and to show no abuse of discretion.-Id. 256 (U.S.C.C.A.) No exception is necessary to a review of an appeal from an order striking out parts of a petition of intervention.Western Union Telegraph Co. v. United States & Mexican Trust Co., 113. 273 (U.S.C.C.A.) Omnibus exception to refusal of 20 instructions, some of which were given and some properly refused, held not to preserve for review the refusal of others of the instructions.-Pennsylvania Co. v. Sheeley, 471. In proceedings before the immigration officers Exceptions to charge in reference to "duty of to determine whether an alien is likely to be-engineer" and to "definition of contributory neg ligence" held insufficient to present any ques- | Western Union Telegraph Co. v. United States tion for review.-Id. & Mexican Trust Co., 113. Error in instruction as to proportioning dam-977 (U.S.C.C.A.) The action of the lower ages held reviewable as a "plain error," within court in its disposition of a motion for new rule 11 for the Sixth circuit, without a suffi- trial addressed to its discretion will not be cient exception.-Id. reviewed.-William Sebald Brewing Co. V. Tompkins, 465. X. RECORD AND PROCEEDINGS NOT (C) Necessity of Bill of Exceptions, Case, or Statement of Facts. 544 (U.S.C.C.A.) No bill of exceptions is necessary to a review of an appeal from an order striking out parts of a petition of intervention.-Western Union Telegraph Co. v. United States & Mexican Trust Co., 113. 982 (U.S.C.C.A.) Determination of a motion to set aside a judgment will not be disturbed, unless discretion has plainly been abused. In re Rochester Sanitarium & Baths Co., 560. (G) Questions of Fact, Verdicts, and Find ings. 999 (U.S.C.C.A.) Verdict held conclusive as to existence of custom in particular trade.—Silverstein v. Michau, 79. (G) Authentication and Certification. 613 (U.S.C.C.A.) Bill of exceptions pur-1006 (U.S.C.C.A.) Fourth trial of action, porting to make a part of the record all testi- in which damages had been assessed upon a mony, etc., held worthless, where testimony was highly minimized standard, held not to be grantidentified by neither the stenographer, clerk, ed for errors at the third trial, unless serious nor judge.-Brown v. Cumberland Telegraph & mistake clearly appeared.—Chesapeake & O. Telephone Co., 206. Ry. Co. v. McKell, 504.. 1026 (U.S.C.C.A.) Erroneous rulings that engineer was not fellow servant of injured employé held not harmless.-St. Bernard Cypress Co. v. Johnson, 662. 1039 (U.S.C.C.A.) Refusal to require causes of action to be separately stated and numbered held not reversible error, where defendant is not prejudiced.-Yates v. Whyel Coke Co., 327. 1056 (U.S.C.C.A.) Though exclusion of evi (B) Interlocutory, Collateral, and Sup- dence to support buyer's claim of damages from plementary Proceedings and Questions. 870 (U.S.C.C.A.) On appeal from the entry of a final order in equity, all preceding interlocutory orders and decrees may be reviewed. -Western Union Telegraph Co. V. United States & Mexican Trust Co., 113. (C) Parties Entitled to Allege Error. 877 (U.S.C.C.A.) On appeal by complainant from decree for insufficient relief, decree held not to be disturbed for meagerness of complainant's testimony; neither defendant appealing.-United States v. Norris, 552. 882 (U.S.C.C.A.) Where the record of prior action suspending running of limitations was excluded on defendant's improper objection, held, that he was estopped to deny that it would have shown such suspension.-Boatmen's Bank of St. Louis, Mo., v. Fritzlen, 45. (F) Discretion of Lower Court, 960 (U.S.C.C.A.) An order striking from the intervening petition a statement of the cause of action for preserving or enforcing the intervener's lien or interest held reviewable. loss of customers was too comprehensive, held, that it was without prejudice, because the evidence offered would not have warranted a recovery.-Yates v. Whyel Coke Co., 327. (K) Subsequent Appeals. 1096 (U.S.C.C.A.) The losing parties to an adjudication on appeal were not entitled on a subsequent appeal to have reopened the controversy finally settled on the first appeal.-McClelland v. Rose, 519. 1099 (U.S.C.C.A.) Where court on former appeals regarded evidence as sufficient to support a certain conclusion, held, that it should not be held insufficient to go to the jury, unless plainly insufficient.-Chesapeake & O. Ry. Co. v. McKell, 504. Whether contract should be construed differently than on a former appeal, or whether the question should have been submitted to a jury, held not open to consideration.-Id. 1099 (U.S.C.C.A.) Ruling on former appeal that evidence made questions for the jury as to employer's negligence and employé's assumption of the risk held the law of the case.Woodruff v. Yazoo & M. V. R. Co., 567. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER XVII. DETERMINATION AND DISPO (A) Decision in General. AUTOMOBILES. See Evidence, 514; Municipal Corporations, 706; Negligence, 27, 124. BANKRUPTCY. 1116 (U.S.C.C.A.) Where action against executors was dismissed as against them personally, held, that the dismissal could not be set aside, and judgment rendered against them in See Conspiracy, 28, 43; Partnership, an appellate court.-Griggs v. Nadeau, 189. (B) Affirmance. 131. PROPERTY. 1140 (U.S.C.C.A.) In affirming on condition II. PETITION, ADJUDICATION, WARRANT, AND CUSTODY OF that a remittitur be filed, such a remittitur must be required, that no substantial injustice will be done defendant, and the court cannot take the (A) Jurisdiction and Course of Procedure place of the jury.-Pennsylvania Co. v. Sheeley, 471. (D) Reversal. 1178 (U.S.C.C.A.) An appellate court, after determining a cause on appeal, will not direct it to be reopened by the lower court to admit new evidence, unless such evidence is of a character to clearly show that the decision was erroneous. City of Akron v. Bone, 514. (F) Mandate and Proceedings in Lower Court. 1195 (U.S.C.C.A.) Where decree on appeal taxed costs of receivership in bankruptcy against petitioning creditors, held, that District Court could not require their payment by bankrupt as condition to contesting petition.-Steiner, Lobman & Frank v. T. S. Faulk & Co., 599. in General. 36 (U.S.C.C.A.) There are no terms of court in bankruptcy, within the rule that orders may be vacated at any time during the term at which they are made.-In re Rochester Sanitarium & Baths Co., 560. III. ASSIGNMENT, ADMINISTRATION, (B) Assignment, and Title, Rights, and 140 (U.S.C.C.A.) Under contract between manufacturer of incandescent lamps and dealer, held, that there was no sale of lamps to the dealer, but only an agency, and upon the dealer's bankruptcy the lamps did not pass to its trustee.-General Electric Co. v. Brower, 321. 140 (U.S.C.C.A.) Bankers furnishing credit under which merchandise was imported held to have title, with right to possession, of the merchandise and its proceeds.-In re K. Marks & Co., 590. Bankers held not to have waived rights as to imports under letter of credit by delivering shipping documents before receiving trust receipt, or by failing to insist upon prompt payment and delivery of storage and insurance papers.-Id. Application to bankers for letter of credit held to protect their rights as to imports there209- under, though they did not receive a trust receipt from the importers, as was customary. -Id. ASSIGNMENTS FOR BENEFIT OF See Bankruptcy. ASSOCIATIONS. See Exchanges; Insurance, 718-819. ATTACHMENT. See Removal of Causes, 97. 143 (U.S.C.C.A.) Under Bankr. Act. § 70a, the bankrupt cannot be compelled to substitute himself as beneficiary in a life insurance policy payable to his wife, and borrow the loan value thereof for the benefit of his creditors.-In re L. Hammel & Co., 80. 143 (U.S.C.C.A.) Under Bankr. Act, § 70a (5), stock of intoxicating liquors held to vest in trustee of licensed dealer, notwithstanding claim that trustee could not sell them.-Strub v. Gamble, 258. 143 (U.S.C.C.A.) Any interest, in policy reserving right to change beneficiary, remaining in II. PROPERTY SUBJECT TO ATTACH- insured after assignment, held to pass to his MENT. 64 (U.S.C.C.A.) The property of a decedent while in the course of administration is not subject to attachment.-Griggs v. Nadeau, 189. ATTORNEY AND CLIENT. See Mortgages, 125; Trial, 312, 317. trustee in bankruptcy, and to a purchaser from the trustee.-Mutual Ben. Life Ins. Co. v. Swett, 640. 151 (U.S.C.C.A.) Except as to matters especially excepted by the Bankruptcy Act, a trustee in bankruptcy occupies no better position than the bankrupt.-Galbraith v. First Nat. Bank of Alexandria, Minn., 194. under state 155 (U.S.C.C.A.) On bankruptcy of import- Bankr. Act, 8 64(a), to pay before any other ers under letters of credit, bankers furnishing claims.-In re Hills, 150. credit, who were unable to trace proceeds of 350 (U.S.C.C.A.) Priorities sales into trustee's hands, held not entitled to an equal amount from the general estate. In re K. Marks & Co., 590. statutes are expressly recognized and authorized in bankruptcy proceedings by Bankr. Act 1898, § 64b (5).-Central Trust Co. of Illinois v. George Lueders & Co., 387. A bankrupt corporation, engaged in the business of preparing, putting up, and selling what are commercially known as Maraschino cherries, held to conduct a "manufacturing establishment," within Ky. St. § 2487, and priorities given under such statute held applicable under the Bankruptcy Act.-Id. 161 (U.S.C.C.A.) A lien on part of the raw material used in a factory held not to support an assignment to the holder of all of the accounts for finished product sold, made within four months prior to bankruptcy of the man-357 (U.S.C.C.A.) Reference to determine ufacturer.-Merchants' Nat. Bank of Baltimore claim of creditor of bankrupt to superior night v. Corr, 217. in fund held not to be ordered, unless he stipulated to pay the costs and expenses, if unsuccessful.-In re T. A. McIntyre & Co., SS. (G) Accounting and Discharge of Trustee. 372 (U.S.C.C.A.) Under Bankr. Act, § 2, subds. 8, 17, and section 44, vacating of order closing estate and discharging trustee held not to restore old trustee to his trusteeship.-In re Rochester Sanitarium & Baths Co., 560. ←215 (U.S.C.C.A.) Tax sales of a bankrupt's property, made after adjudication of bankruptcy, may be avoided.-Stanard v. Dayton, 35. Purchasers at tax sales avoided by trustee in bankruptcy held entitled to reimbursement for the amount paid and subsequent taxes, with interest, as in case of redemption, regardless of the selling price of the property at bankruptcy sale.-Id. Under Bankr. Act, § 2, subds. 8, 17, and section 44, upon reopening of estate, trustee should be elected as in the first instance.-Id. On reopening of estate, appointment of old trustee, though erroneous, held not void, and he was a de facto officer.-Id. Court having erroneously reinstated old trustee upon reopening of estate, heid, that it was not error to authorize him to continue to act until the election and qualification of his successor.-Id. IV. COMPOSITION. 314 (U.S.C.C.A.) Under Bankr. Act, § 64a, relative to the payment of taxes, taxes accruing after the proceeding is instituted are to be paid. 376 (U.S.C.C.A.) Proposed compromise -Stanard v. Dayton, 35. 322 (U.S.C.C.A.) Bankr. Act, § 64a, relative to the payment of taxes, contemplates payment of interest and penalties on taxes in default. Stanard v. Dayton, 35. It is the duty of a trustee in bankruptcy to ascertain taxes and secure authority to pay them, and his failure to do so will not suspend state statutes imposing penalties for nonpayment.-Id. 326 (U.S.C.C.A.) Bankrupt held estopped, by representations in schedules and by order for sale of homestead, to afterwards set up a counterclaim against creditor's claim.-Pindel v. Holgate, 158. Bankrupt held barred by laches from setting up claim for damages from attachment against claim on judgment, in view of Rev. Codes Idaho, § 4054, subds. 2, 3, and section 4055, subd. 1. -Id. Unliquidated damages for a tort may not be set off against a judgment in bankruptcy, whether Rev. Codes Idaho, § 4184, or Bankr. Act. §§ 63a, 63b, 68, govern.-Id. of controversy over ownership of stock, which bankrupt claimed to have transferred to his wife, held apparently proper and there was no error in approving it.-In re Doyle, 28. 381 (U.S.C.C.A.) Objection by creditors to composition in bankruptcy, because bankrupt obtained property on credit on false statements, held to impose on objecting creditors the burden of strictly proving what is required.Bolles v. Kelley, 601. Creditors, opposing decree approving composition, must furnish evidence to contravene the result reached by the special master and District Court, sustaining the bankrupt.—ld. 386 (U.S.C.C.A.) Payment under compromise of controversy over stock transferred to bankrupt's wife, and release of claims by wife, held to be returned, where provision of compromise as to withdrawing objections to discharge was not carried out. In re Doyle, 28. VI. APPEAL AND REVISION OF PROCEEDINGS. (A) Superintendence and Revision. 346 (U.S.C.C.A.) A charge against a bank-439 (U.S.C.C.A.) An action on the bond of rupt for water furnished by the city, as shown by a meter, under the provisions of New York City Charter, § 475, is not a tax due to a municipality, which the trustee is authorized by a trustee in bankruptcy is a plenary action, and For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER |