§ 2. Presentation and reservation in lower court of grounds of review. To entitle a party to review a ruling overruling objections to the admissions of evidence, the grounds of such objections must have been stated. Thomas China Co. v. C. W. Raymond Co. (C. C. A.) 25. A single exception to a refusal to give a number of requests to submit several propositions of law and fact is insufficient, if any one of them is erroneous.-Southern Pac. Co. v. Hetzer (C. C. A.) 272. Error cannot be assigned in the appellate court to the admission in evidence of letters, a portion of which was relevant, on the ground that other parts were not, where no motion was made to strike out the irrelevant parts. Texas & P. Ry. Co. v. Coutourie (C. C. A.) 465. An objection that the transcript of a judgment introduced in evidence was not properly certified cannot be first raised on appeal.-Etna Indemnity Co. v. Ladd (C. C. A.) 636. On appeal in an action removed from a state court, it is the duty of the Circuit Court of Ap peals to determine the question of federal jurisdiction, though no objection was raised thereto. -Fred Macey Co. v. Macey (C. C. A.) 725. 3. Record and proceedings not in reoord. A statement of claim in an intended action. attached as an exhibit to the statement of plaintiff's demand in a subsequent action against the clerk of the Circuit Court, held a part of the record on error.-United States v. Bell (C. C. A.) 336. § 4. Assignment of errors. An objection to the computation of interest on claims against an insolvent bank, in process of liquidation, cannot be reviewed on appeal, where it was not made the subject of an assignment of error.-George v. Wallace (C. C. A.) 286; Brownlee v. Same, Id.; Morsman v. Same, Id.; Poppleton v. Same, Id.; Morton v. Same, Id.; McCague Inv. Co. v. Same, Id. The overruling of motions to quash an alternative writ of mandamus and compel amendment of the petition held not to be reviewed, unless challenged in the assignments of error.-Jones v. United States (C. C. A.) 518. § 5. Review. Where a preliminary injunction has been granted on a sworn bill, and it appears that no injury will result therefrom to defendant which cannot be provided against by bond, the appellate court, on an appeal from the order, will not consider questions going to the merits of the bill which were not presented by proper pleadings to the trial court.-Lehman v. Graham (C. C. A.) 39. Where it is determined by the appellate court, on an assignment of error presenting the question, that the evidence, which is all in the record, not only warranted, but required, the verdict that was rendered, further assignments of error relating to the giving and refusal of instructions become immaterial and will not be considered.-Creary v. Wefel (C. C. A.) 304. Where a jury is waived by stipulation in an action at law in a federal court, its findings of fact are conclusive in the appellate court, and only the questions of law applicable thereto can be considered.-American Bridge Co. v. Camden Interstate Ry. Co. (C. C. A.) 323. Ordinarily questions involving the standing of a party in court are influenced largely by the knowledge of the court as to the history of the proceeding, and are disposed of summarily upon discretion.-Ah Tai v. United States (C. C. A.) 513. Refusal to exclude testimony in effect similar to testimony previously given held harmless.Etna Indemnity Co. v. Ladd (C. C. A.) 636. It is the settled law in the federal courts that an order setting aside a verdict and granting a new trial cannot be reviewed on writ of error.Clement v. Wilson (C. C. A.) 749. A former decision and decree of the Court of Appeals of the Indian Territory, which was not then reviewable because not final, is not the law of the case in the Circuit Court of Appeals on an appeal from a subsequent final decree, which first presents for review all the proceedings of the case from its inception.-Buster v. Wright (C. C. A.) 947. Where a former decision of an inferior court erroneously reverses the dismissal of a bill on demurrer, and after answer on the same facts the final decree of the same court affirms such a dismissal, that decree should not be reversed. -Buster v. Wright (C. C. A.) 947. ASSIGNMENTS. In bankruptcy, see "Insolvency," § 5. 1. Operation and effect. took the completion of a guarantied contract Transaction by which surety company underheld an absolute assignment of such contract, and not merely an assignment for security.Etna Indemnity Co. v. Ladd (C. C. A.) 636. The findings of a referee in bankruptcy as to the date of a transfer of a claim against the bankrupt's estate will not be disturbed on petition to review, unless manifestly against the weight of the evidence. In re Shults (D. C.) ASSIGNMENTS FOR BENEFIT OF 623. § 6. Determination and disposition of cause. A judgment is not reversible because of an erroneous construction of a contract by the court in its instructions, by which a party was denied the right to recover damages for a breach, where under the evidence only nominal damages would have been recoverable.-Thomas China Co. v. C. W. Raymond Co. (C. C. A.) 25. Where the record on appeal in a suit for infringement fails to show any connection between the defendant and the act of infringement proved, the court will not remand the case to permit the amendment of the pleadings and the introduction of new evidence to prove such connection, nor to substitute as defendant the party shown to have infringed.-National Casket Co. v. Stolts (C. C. A.) 534. APPRAISAL. Of merchandise subject to duty, see "Customs Duties," § 3. APPROPRIATION. Of water rights in general, see "Waters and Water Courses," § 1. ARGUMENT OF COUNSEL. In criminal prosecutions, see "Criminal Law," § 2. ASSESSMENT. Of loss on insured, see "Insurance," § 2. On unpaid subscriptions to corporate stock, see "Corporations," § 3. ASSETS. CREDITORS. See "Bankruptcy." ASSOCIATIONS. See "Building and Loan Associations." ASSUMPSIT, ACTION OF. See "Money Lent"; "Use and Occupation"; "Work and Labor." ASSUMPTION. Of risk by employé, see "Master and Servant," §§ 1-3. ATTACHMENT. Exemptions, see "Homestead." Jurisdiction of bankruptcy court to stay proceedings in state court, see "Bankruptcy," § 1. Proceedings after removal to federal court, see "Removal of Causes," § 6. ATTORNEY AND CLIENT. Arguments and conduct of counsel at trial in criminal prosecutions, see "Criminal Law," § 2. Attorneys in fact, see "Principal and Agent." Disqualification of attorney of bankrupt to vote at creditors' meeting, see "Bankruptcy," § 4. Enforcement against homestead of attorney's fees provided for in note secured by mechanic's lien, see "Homestead," § 1. AUTHORITY. Of agent, see "Principal and Agent," §§ 2, 3. AVERAGE. Of insolvent national bank, see "Banks and General average, see "Shipping," § 7. ASSIGNMENT OF ERRORS. See "Appeal and Error," § 4. AVOIDANCE. Pleading matter in avoidance, see "Pleading." § 2. BAILMENT. See "Carriers," § 1 BANKRUPTCY. Documentary evidence on hearing of contested Estoppel by claim in bankruptcy proceedings, State laws as rules of decision, see "Courts," 1. Petition, adjudication, warrant, Bankr. Act July 1, 1898, c. 541, § 11, cl. 2, petition. Tennessee Producer Marble Co. v. On an involuntary petition to adjudge a cor- Involuntary proceedings. A court of bankruptcy having jurisdiction of Where an alleged involuntary bankrupt had Notice to creditors of the proposed dismissal An objection that a petitioner in bankruptcy A petition in bankruptcy may be amended by Where a single creditor files a petition for an The time of the adjudication in bankruptcy Creditors may join in a petition in bankrupt- An averment in an involuntary petition of an defendant, who was a merchant, committed an show that the defendant is not within one of the A petition in involuntary bankruptcy should A mere allegation of an attachment against A new trial granted, on a petition in involun- An involuntary bankruptcy petition, alleging Allegations of acts of bankruptcy in an in- An involuntary bankruptcy petition, conform- An irrigation corporation, authorized to exercise the right of eminent domain, held not within the national bankruptcy act.-In re Bay City Irr. Co. (D. C.) 850. A corporation organized to furnish water for irrigation held not a corporation engaged in "trading," and therefore not subject to be adjudged an involuntary bankrupt, under Bankr. Act 1898 (Act July 1, 1898, c. 541) c. 3, § 4b, 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423]. -In re Bay City Irr. Co. (D. C.) 850. Costs will be allowed to an alleged bankrupt, on dismissal of an involuntary petition against him, only after the filing of his bill of costs with the clerk and notice to the petitioning creditors. In re Haeselker-Kohlhoff Carbon Co. (D. C.) 867. § 3. Under Bankr. Act July 1, 1898, c. 541, § 2. cl. 3, 30 Stat. 545 [U. S. Comp. St. 1901, p. 34211, and section 23, as amended by Act Feb. 5, 1903, c. 487, § 8, 32 Stat. 798 [U. S. Comp. St. Supp. 1903, p. 413], a court of bankruptcy has jurisdiction, in a suit to recover property held by a third person, to determine whether the claimant is, in fact, an adverse claimant, or a mere bailee for the bankrupt.-In re Andre (C. C. A.) 736. Under Bankr. Act July 1, 1898, c. 541, 82, cl. 3, 30 Stat. 545 [U. S. Comp. St. 1901, 34211; section 23, as amended by Act Feb. 5, 1903, c. 487, § 8, 32 Stat. 798 [U. S. Comp. St. Supp. 1903, p. 413]; and section 69, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3450]-a court of bankruptcy held without jurisdiction to compel a sheriff, claiming property of an alleged involuntary bankrupt adversely under an attachment from a state court, to surrender the same.-In re Andre (C. C. A.) 736. Where creditors of a bankrupt elected but two trustees at the first meeting, the referee had no power to select a third under Bankr. Act July 1, 1898, c. 541, § 44, 30 Stat. 557 [U. S: Comp. St. 1901, p. 3438], unless the creditors failed to elect the third trustee after calling another meeting. In re William F. Fisher & Co. (D. C.) 223. Assignment, and title, rights, and remedies of trustee in general. § 5. of title in a contract for a conditional sale of Under Rev. St. Ohio, § 4155-2, a reservation chattels, which was not recorded at the time of the bankruptcy of the purchaser, is void as against his creditors, whether their claims arose before or after the sale.-Dolle v. Cassell (C. C. A.) 52; York Mfg. Co. v. Same, Id. Under Bankr. Act July 1, 1898, c. 541, § 70, subds. 3, 5, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3451], title to a seat in the New York Stock Exchange held to have passed to the owner' trustee in bankruptcy.-In re Hurlbutt, Hatch & Co. (C. C. A.) 504. A seat in a stock exchange held a part of the assets of a bankrupt stock exchange firm, and not the individual property of one of its members. In re Hurlbutt, Hatch & Co. (C. C. A.) 504. by extending credit to the buyer, such lien was revived, on the buyer becoming insolvent, as to such part of the goods as remained in the seller's possession. In re Manuel J. Portuondo Co. (D. C.) 592. Though a seller of goods waived his lien Where claimant accepted a bankrupt's notes as conditional payment for tobacco, and retained possession of the tobacco in question until after the bankrupt's adjudication and the notes had matured, the title thereto passed to the trustee, subject to claimant's lien for the unprice. In re Manuel J. Portuondo Co. (D. C.) 592. Where the appointment of a receiver for a bankrupt's property before adjudication was in-paid valid for petitioner's failure to file a bond, as required by Bankr. Act July 1, 1898, c. 541, §§ 3e, 69, 30 Stat. 547, 565 [U. S. Comp. St. 1901, pp. 3423, 3450], the fact that a bond was filed on a subsequent application by another creditor was no ground for refusal to vacate the first order. In re Haff (C. C. A.) 742. Under Bankr. Act July 1, 1898, c. 541, § 3. subd. "e," 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423] and section 69, 30 Stat. 565 [U. S. Comp. St. 1901, p. 3450], an order appointing a receiver for the property of an alleged bankrupt before adjudication, failing to specify the time when the petitioner's bond should be filed, or to require such filing before the receiver was directed to take possession, held erroneous.-In re Haff (C. C. A.) 742. A transaction held a sale of goods with a privilege of return, and not to entitle the seller to recover the goods unsold as against the buyer's trustee in bankruptcy.—In re Miller & Brown (D. C.) 868. A shipment of certain ribbons to a bankrupt firm, in addition to the amount ordered, which the bankrupt set apart to be returned, held a bailment, and not a "sale and return," so that the seller was entitled to recover such ribbons from the bankrupt's trustee. In re Miller & Brown (D. C.) 871. Money applied to salary by the manager of a bankrupt's business, as he was authorized to do, before filing of the bankruptcy petition, held not recoverable by the trustee as money belonging to the bankrupt.-In re Lebrecht (D. C.) 878. § 4. Assignment, administration, and distribution of bankrupt's estate -Appointment, qualification, and § 6. Preferences and transfers by banktenure of trustee. rupt, and attachments and other liens. An attorney employed by a bankrupt only to file his petition held not disqualified from thereafter accepting claims of creditors and voting thereon at the election of a trustee.-In re Cooper (D. C.) 196. Under Bankr. Act July 1, 1898, c. 541, § 67, subds. "a," "c," 30 Stat. 564 [U. S. Comp. St. 1901, p. 3449], chattel mortgage void by the state law as against creditors of the mortgagor held void as against his trustee in bankruptcy. A creditor held, under the facts shown, not to have had reasonable cause to believe his debtor A mortgage given by an insolvent within four A parol agreement by a borrower, when the § 7. Administration of estate. An objection that an order compelling a Under Bankr. Act July 1, 1898, c. 541, § 2, A petition to sell property of a bankrupt first Where but two trustees of a bankrupt's es- Where money necessary to pay taxes and Id. A petition filed in a bankruptcy proceeding Evidence held insufficient to sustain a petition Mortgages given by a shipbuilding company Under Bankr. Act July 1, 1898, c. 541, 8 In a proceeding against an involuntary bank- In an action against a bankrupt, stenog- A court of bankruptcy is not limited in its |