ADJUDICATION. Operation and effect of former adjudication, see "Judgment," § 2. ADMINISTRATION. Of property by receiver, see "Receivers," § 1. ADMIRALTY. See "Maritime Liens"; "Salvage"; "Seamen"; "Shipping." § 1. Jurisdiction. In the exercise of their admiralty and maritime jurisdiction, the United States courts are governed solely by the legislation of congress and the general principles of maritime law. Accordingly, they are not bound by state statutes of limitation. -Pacific Coast S. S. Co. v. Bancroft-Whitney Co., 94 Fed. 180...... 36 C. C. A. 135 § 2. Remedies in personam and in rem. A court of admiralty acquires its jurisdiction over a libel in rem for breach of a contract of affreightment by the filing of the libel, and it is immaterial that the vessel is not within the territorial limits of the court at that time, where she is subsequently seized therein on alias monition. -Pacific Coast S. S. Co. v. Bancroft-Whitney Co., 94 Fed. 180..... 36 C. C. A. 135 § 3. Parties, process, claims, and stipulations or other security. In a suit in rem for collision, where the vessel attached had been released on stipulation, on the insolvency of claimant's sureties an order was made pursuant to a rule of court requiring the claimant to furnish additional security, and, on a failure to comply with such order, the claimant's answer was stricken out, and a decree entered pro confesso for an amount of damages ascertained on a reference by a commissioner. Held, that the striking out of the answer and entry of the decree could not be deemed a punishment of the claimant for failure to obey the court's order, but was a proper procedure to bring to an end a proceeding in rem in which, through the fault of the claimant, the libelant had neither the res nor security. -The Fred M. Lawrence, 94 Fed. 1017........... .....36 C. C. A. 631 § 4. Appeal. Where the evidence in a suit in admiralty is taken before an examiner. the decision of the trial court on questions of fact is not entitled to the same controlling weight as where the judge saw and heard the witnesses testify, and will be more readily reviewed by an appellate court. -The Sappho, 94 Fed. 545.... ......36 C. C. A. 395 An assignment "that the court erred in holding that libelant was entitled to any compensation for the injuries received" by him is too general. -Lafourche Packet Co. v. Henderson, 94 Fed. 871...36 C. C. A. 519 ADOPTION. The measure of damages for breach of a contract by one person to adopt another and make the latter an heir, under the law of Pennsylvania, is not the value of the share of the promisor's estate at his death which would have been inherited by the promisee, but the value of the services rendered or outlay incurred by the promisee on the faith of the promise. with interest. -Sandham v. Grounds, 94 Fed. 83. ..36 C. C. A. 103 Where a contract for adoption was to be performed in a certain state, and the estate to which the person to be adopted would thus have become an heir is there situated, the law of such state governs as to the measure of damages for a breach of the contract. -Sandham v. Grounds, 94 Fed. 83.... AFFREIGHTMENT. Contracts, see "Shipping." § 2. ...36 C. C. A. 103 AGENCY. See "Principal and Agent." AGREEMENT. See "Contracts." AMOUNT IN CONTROVERSY. Jurisdictional amount, see "Courts," § 1. APPEAL AND ERROR. In admiralty, see "Admiralty," § 4. § 1. Decisions reviewable. No appeal lies from a decree refusing leave to intervene and become a party. -Toledo, St. L. & K. C. R. Co. v. Continental Trust Co.. 95 Fed. 497: Hamlin v. Same, Id.; Rose v. Same, Id.........36 C. C. A. 155 To constitute a final judgment for purpose of appeal it is not essential that it should be a bar to another suit. -Colorado Eastern Ry. Co. v. Union Pac. Ry. Co., 94 Fed. 312... An order of dismissal for want of prosecution, with is a final judgment, from which an appeal will lie. -Colorado Eastern Ry. Co. v. Union Pac. Ry. Co., 94 Fed. 312.... $ 2. Presentation and reservation in lower court of grounds of review. An objection to the sufficiency of a verdict cannot be urged in an appellate court, where the bill of exceptions does not show that the defect was called to the attention of the trial court, and proper exception taken to its action thereon. -Case v. Hall, 94 Fed. 300.... 3. Parties. ...36 C. C. A. 259 Where a decree provided in general terms for a conveyance and release by two defendants, who were husband and wife, of all their rights, titles, and interests in certain real estate, the title to a part of which was in the husband and a part in the wife, but under the statutes of the state each had a dower interest in the realty owned by the other, such decree, as to all of the property involved, affects rights of both defendants; and neither can maintain an appeal without joining the other, or obtaining an order of severance. -Hook v. Mercantile Trust Co. of New York, 95 Fed. 41... 36 C. C. A. 645 § 4. Requisites and proceedings for transfer of cause. With reference to the rule that there is no necessity for issuance of citation where appeal is taken in open court, one who appears for the purpose of making a motion to dismiss, even though the motion relates to a want of jurisdiction and lack of proper service, is in court for all purposes relating to the disposition of the motion, whether on appeal or otherwise. -Pike v. Gregory, 94 Fed. 373.... ....36 C. C. A. 299 § 5. Supersedeas or stay of proceedings. An undertaking on appeal given to stay proceedings pending the appeal is not delivered, so as to become effective, until filed, and hence, though signed in another state, is "executed" in the state where filed. -Howard Ins. Co. of New York v. Silverberg, 94 Fed. 921. $ 6. Record and proceedings not in record. 36 C. C. A. 549 The evidence taken in an equity cause in a federal court must be made a part of the record and certified on appeal, otherwise it will be disregarded; and, unless the record contains some evidence to sustain the finding, the decree will be reversed. -Mears v. Lockhart, 94 Fed. 274...... .....36 C. C. A. 239 The charge of a trial court is no part of the record, and cannot be noticed on appeal, unless brought into the record by the bill of exceptions, and without such charge before the court the refusal to give instructions requested cannot be reviewed. -Case v. Hall, 94 Fed. 300... .......36 C. C. A. 259 Neither testimony nor instructions can be added to a bill of exceptions, after it is signed and filed, by stipulation of counsel in the appellate court. -Case v. Hall, 94 Fed. 300..... ..36 C. C. A. 259 § 7. Assignment of errors. A party cannot assign as error a finding of a judge or referee made at his request. -National Loan & Investment Co. v. Rockland Co., 94 Fed. 335.... 36 C. C. A. 370 Where, on appeal from a final order of the district court granting a discharge to a bankrupt, no assignment of errors is filed in such court, as required by rule 11 of the circuit courts of appeal (31 C. C. A. cxlvi., 90 Fed. cxlvi.), the judgment of the district court will be affirmed. -In re Dunning, 94 Fed. 709...... ..36 C. C. A. 437 § 8. Dismissal, withdrawal, or abandonment. That the court below had no jurisdiction of the parties cannot be made the basis of a motion to dismiss an appeal. -Pike v. Gregory, 94 Fed. 373.... ..36 C. C. A. 299 A failure to join necessary parties on an appeal is jurisdictional, and a motion to dismiss on that ground may be entertained at any time before final disposition of the appeal. -Hook v. Mercantile Trust Co. of New York, 95 Fed. 41........... § 9. Hearing and rehearing. 36 C. C. A. 645 It is the intention of the court that the granting of a rehearing without restriction shall operate to vacate its judgment, so that thereafter the cause shall stand as if no judgment had been entered. -Hook v. Mercantile Trust Co. of New York, 95 Fed. 41..... § 10. Review. 36 C. C. A. 645 The action of a trial court in denying a motion for judgment on the ground of a variance, and in permitting the amendment of the declaration, after the conclusion of plaintiff's evidence, to conform to the proof, is not an abuse of discretion, where it is not claimed that defendant was misled by the variance to his prejudice. -Southern Exp. Co. v. Platten, 93 Fed. 936..........36 C. C. A. 46 In determining whether a judgment is supported by a special finding, the sufficiency of the facts found is the sole question to be determined, and hence the admission of evidence of immaterial facts is not error. -Lamson v. Beard, 94 Fed. 30; C. B. Congdon & Co. v. Same, Id.; Phelps v. Same, Id..... ...36 C. C. A. 56 Refusal to direct a verdict for defendant at close of plaintiff's case cannot be assigned as error. -Detroit Crude-Oil Co. v. Grable, 94 Fed. 73........36 C. C. A. 91 While the findings of fact made by the court are not as conclusive as the findings of a jury, they are presumptively correct, and will not be disturbed by the appellate court, unless they are against the weight of evidence. -Dickey v. Dickey, 94 Fed. 231...... ...36 C. C. A. 211 It is the settled rule of the supreme court and the circuit courts of appeals that, where a case is tried by a federal court without a jury, the sufficiency of the evidence to sustain its general findings of fact cannot be considered by the appellate court. -Supreme Lodge, Knights of Pythias, v. England, 94 Fed. 369. 36 C. C. A. 298 The findings of the chancellor on a question of fact will not be disturbed, unless clearly shown to be against the weight of evidence. -Lansing v. Stanisics, 94 Fed. 380... ..36 C. C. A. 306 A circuit court of appeals will not disturb an interlocutory order granting an injunction where the questions of law or fact to be ultimately determined are difficult, and injury to the moving party will be immediate, certain, and great if the relief is denied, while the loss of the opposing party will be comparatively small if it is granted. -Dimick v. Shaw, 94 Fed. 266...... .36 C. C. A. 347 The court will not review the verdict of a jury where there is some evidence to sustain it, although it may be against the apparent weight of evidence. -Western Coal & Mining Co. v. Berberich, 94 Fed. 329.. 36 C. C. A. 364 As to the weight and effect of the evidence, the finding of a circuit court, where a jury is waived by stipulation in writing, is as conclusive on a writ of error as the verdict of a jury. -State Nat. Bank v. Smith, 94 Fed. 605... .....36 C. C. A. 412 When a decree dismissing a bill absolutely is erroneous, in that the dismissal should be without prejudice, the court will modify it on appeal. though complainant does not urge the error. -Harrison v. Farmers' Loan & Trust Co. of New York, 94 Fed. APPORTIONMENT. Of salvage compensation, see “Salvage,” § 2. 1. Civil liability. ASSAULT AND BATTERY. In an action of tort to recover damages for an assault and battery. where there is proof of substantial physical hurt and injury, the plaintiff is entitled to recover compensation for the mental pain and suffering that necessarily resulted from the original injury. -Southern Exp. Co. v. Platten, 93 Fed. 936..........36 C. C. A. 46 A declaration to recover for an assault alleged to have been committed on plaintiff by representatives and agents of defendant in the course of their employment is not demurrable because it fails to state the names of some of the assailants, alleged to be unknown to plaintiff. -Southern Exp. Co. v. Platten, 93 Fed. 936..........36 C. C. A. 46 ASSIGNMENT OF ERRORS. See "Appeal and Error," § 7. ASSIGNMENTS. Assignment of debt on Sunday, see "Sunday." ASSOCIATIONS. See "Building and Loan Associations." ASSUMPTION. Of risk by employé, see "Master and Servant," § 2. ATTORNEY AND CLIENT. § 1. Compensation and lien of attorney. A contract between attorney and client for the rendition of legal services in connection with an estate to which the client was an heir. providing that the attorney's compensation should "in no event be more" than that received from other heirs similarly interested, nor more than a certain per cent. of the amount recovered for the client, does not fix the amount of compensation, but merely imposes maximum limits thereto. leaving the amount to be determined on a quantum meruit, within such limits. -Russell v. Young, 94 Fed. 45. BAILMENT. ....36 C. C. A. 71 Where a dealer in musical instruments placed a piano on a steamer as an advertisement, under a verbal agreement with the captain under which it could be removed at any time, at the option of either party, such piano remained the property of the dealer, and did not become any part of the furniture of the vessel, so as to pass under a mortgage of the vessel and her apparel and furniture; nor did it pass under a sale of the vessel in admiralty as a part of her property, it having been removed by leave of court after her seizure, but before the sale. -Learned v. Brown, 94 Fed. 876; Rumble v. Same, Id.. BANKRUPTCY. § 1. Petition, adjudication, and warrant. 36 C. C. A. 524 A debtor made a general assignment for the benefit of creditors under a state statute providing for the administration and distribution by the state courts of estates so assigned, and requiring creditors to file their claims within three months after notice from the assignee, on pain of being postponed until all proving creditors were paid in full. The time having not yet arrived when a petition in involuntary bankruptcy could be filed under the act of 1898, certain creditors filed their claims with the assignee; being then in ignorance of facts tending to show that the assignment was |