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Mercer County v. Provident Life & Trust

Co. of Philadelphia (C. C. A.)..

623

..

Meridian Waterworks Co., New Orleans &
N. E. R. Co. v. (C. C. A.)...
Merrill v. Town of Monticello (C. C. A.)..
Michigan Lubricator Co., Craig v. (C. C.)..
Miller v. Choctaw, O. & G. R. Co. (C. C.

Page

Mercadante, United States v. (C. C. A.)... 46 Oceanic Steam Nav. Co., Sherry v. (C. C.) 565

620

348

Olympia Light & Power Co., American Loan & Trust Co. v. (C. C.).......

..

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A.)

289

294

Mills Manuf'g Co. v. Whitehurst (C. C. A.) 496 Oxley Stave Co. v. Coopers' International Minchen v. Hart (C. C. Α.).

207

219

O'Neil, Waite v. (C. C.)...
Oregon Imp. Co. v. Nelson (C. C. А.)... 79
Orr & Laubenheimer Co., Nicolaysen v. (C.
C. A.).

Owens. American Mortg. Co. of Scotland v. (C. C. A.)

Union of North America (C. C.)........ 695

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Mooney v. Buford & George Manuf'g Co.

Co. v. (C. С.)

(CC. A.)...

..

32

Moloney v. American Tobacco Co. (C. C.) 801 Parker, Gulf States Land & Improvement

Moonlight, The, Burger v. (D. C.)........ 282 Morris, Johnston v. (C. С. А.)..

890

Morris, Morton v., two cases (C. C. A.)... 392
Morton v. Morris, two cases (C. C. A.).... 392
Mott Iron Works v. Clow (C. C.)........ 168
Mt. Holly Mining & Manufacturing Co. v.
Caraleigh Phosphate & Fertilizer Works
(C. C. A.)

Mueller, American Fibre-Chamois Co. v.
(C. C. A.)

399

204

129

Patterson, Blackshere v. (C. C. Α.).
Pauly, American Surety Co. v. (C. C. A.) 470
Pauly, American Surety Co. v. (С. С. А.).. 484
Pauly. Wilson v. (C. C. A.).
Penn Mut. Life Ins. Co. v. Mechanics' Sav-
ings Bank & Trust Co. (C. C. A.)....... 413
Peterson, Burdick v. (C. C.).
Pettijohn Cereal Co., American Cereal Co.
v. (C. C.)....

864

244

903

508

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Muirheid v. Consolidated Ice-Mach. Co. (C.

C. A.)

688

Murphy, United States v. (C. C. A.).....1008 Mutual Life Ins. Co. of New York v. Selby (C. C. A.)

Pierpoint Boiler Co., Stirling Co. v. (C. C.) 780
Pings v. United States (C. C. A.).
Platt v. Bryant Electric Co. (C. C.)...... 266
Pooley v. Luco (C. C.).

260

561

980

Porter, Mack v. (C. С. А.).

236

Mutual Life Ins. Co. of New York, Ritter v. (C. C. A.)..

Port Huron Fibre-Garment Manufg Co.,

567

American Fibre-Chamois Co. v. (C. C. A.) 516

Potomac, The (C. C. A.).

535

National Button Works v. Wade (C. C.).. 298 National Land Imp. & Manuf'g Co., State

Preston v. Finley (C. C.).

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Trust Co. of New York v. (C. C.)... 575 National Mach. Co. v. Wheeler & Wilson

Price v. The Elmbank (D. C.)....... Proceeds of The Advance, Huntington v. (C. C. A.).

610

791

Manuf'g Co. (C. C.)..

185

Neall v. Schrader (C. C. A.)....

537

Proceeds of The Advance, Huntington v. (C. C. A.).

Nelson, Oregon Imp. Co. v. (C. C. A.). Newgass v. Atlantic & D. R. Co. (C. C.).. New Memphis Gas & Light Co. v. City of

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Memphis (C. С.).

952

Proceeds of The Allianca, Huntington v. (C. C. A.).

Proceeds of The Allianca, Huntington v. (С. С. А.).

793

791

793

New Orleans & N. E. R. Co. v. Meridian Waterworks Co. (C. C. A.)..

227

Proceeds of The Segurancia, Huntington v. (C. C. A.).

791

Newton v. Buck (C. C.).

777

New York, L. E. & W. R. Co., Farmers' Loan & Trust Co. v. (С. С.)..

Proceeds of The Vigilancia, Huntington v. (C. C. A.).

791

594

New York, L. E. & W. R. Co., Park v. (C.

Proceeds of The Vigilancia, Huntington v. (C. C. A.)...

793

C.)

594

Niagara Falls Paper Co. v. Crouckett (C. C. A.)

535

Nicaragua, The (C. C. A.)......... Nicolaysen v. Orr & Laubenheimer Co. (C.

207

Provident Life & Trust Co. of Philadelphia, Mercer County v. (C. C. A.)..

Pullman's Palace-Car Co. v. Central Transp. Co. (C. C.)

623

211

Putnam v. Brooker (C. C.)... 271

C. A.)

207

Norfolk & W. R. Co., Fidelity Insurance,
Trust & Safe-Deposit Co. v. (C. C.).... 704
Northern Pac. R. Co. v. McCormick (С. С.
A.)

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736

Northern Pac. R. Co., De Lacey v. (C. C. A.)

Ray v. Tatum (C. С. А.).
Reynolds, Denver Onyx & Marble Man-

112

726

uf'g Co. v. (С. С. А)

464

Northern Pac. R. Co., Farmers' Loan & Trust Co. v. (С. С.)...

Rhino v. Emery (C. C. A.).

382

26

Richardson v. Campbell (C. C.).

525

Norton, Wheaton v. (C. C. A.).. ......

688

Richmond & D. R. Co., Clyde v. (C. C. A.) 121 Ritscher, Carpenter v. (C. C. A.)..

283

.....

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Ritter v. Mutual Life Ins. Co. of New York

543

....

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xi

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Saline County, Graves v. (C. C. A.)...
Salisbury v. Bennett (C. С.).

945 Townsend v. Hagar (C. C. A.).
1023 Township of Ninety-Six, Folsom v. (С. С.

949

743 Α.)

687

..

.

Saunders v. The Coleridge (D. C.).

..... 676 Travis County, Wade v. (C. C.).

985

Saunders, Huntington v. (C. C. A.)....... 10 Tripp Giant Leveller Co., Bresnahan v. (C.

Savage v. Worsham (C. C.)....

601 C. A.)

920

Sawyer v. Williams, three cases (C. C.).

296 Turner, Waples-Platter Co. v. (C. C. A.).. 289

Sayward v. Dexter, Horton & Co. (C.

C. A.)

758 Ulman v. Ritter (C. C.).

.....1000

Scanlan v. Tenney (C. C.)..

225 Underwriter, The (D. C.)...

.1021

Schallenberger, In re (C. C.)...
Schipper Consumer Cordage Co. (C. C.) 803

491

Union Switch & Signal Co. v. Johnson (C.

C. A.)

147

Schlochtermeyer, Heaton Peninsular But

United States v. Bellingham Bay Boom Co.

ton-Fastener Co. v. (C. C. A.).

520

(С. С.)

585

Schrader, Neall v. (C. C. A.)...

537

C.)........ 51

Schrader, Western Assur. Co. v. (C. C.

771

Α.)

543

41

Schreiber & Sons Co. v. Grimm (C. C. A.) 671

159

Scott v. Hamner (C. C. A.)..

289

....

Scribner, Bancroft v. (C. C. A.).........
Segurancia, The (C. C. Α.).

988

791

46

Selby, Mutual Life Ins. Co. of New York v. (C. C. Α.)..

1008

980

44

Shaw v. Dix (C. C.)..

166 United States, Abbott v. (C. C. A.).

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Sickles, McBride v. (C. С.).

908 United States, Davis v. (C. C.).

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Sloan v. Mitchell (C. C. A.)..

89

Smith, Wichita Nat. Bank of Wichita v.

(C. C. A.)

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United States v. Benjamin (C. C.).
United States v. Fuller (D. C.).........
United States v. Hensel (C. C.).
United States v. McCord (D. C.).
United States v. McDonald (C. C. A.).... 898
United States v. McNeily (C. C.
United States v. Mercadante (C. C. А.)....
United States v. Murphy (С. С. А.)...
United States v. Stern (C. C.).

Α.)..... 972

Sherry v. Oceanic Steam Nav. Co. (C. C.).. 565 United States, Blumenthal v. (C. C.).....:

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United States, Dennison Manuf'g Co. v. (C.
C. A.)
United States, Dominici v. (C. C.)........ 46
United States, Foppes v.

(C. C.).

262 United States, Hensel v. (C. C.). .

566

89

957

285

Snow, Enterprise Manuf'g Co. of Pennsyl-
vania v. (C. C.)...
Sobrio v. Manhattan Life Ins. Co. (C. C.)..
South Carolina R. Co., Bound v. (C. C. A.)
Southern Malleable Iron Co., Ross-Meehan
Brake-Shoe Foundry Co. v. (C. C.)....
Southern Pac. Co., British & Foreign Ma-
rine Ins. Co. v. (C. C. A.).
Spradling, Texas & P. R. Co. v. (C. C. A.)
Stachelberg v. United States (C. C.)......
State Trust Co. of New York v. National
Land Imp. & Manuf'g Co. (C. C.)...... 575
Stemmler v. United States (C. C.)........
Stern v. United States (C. C.).....
Stern, United States v. (C. C.).

Stirling Co. v. Pierpoint Boiler Co. (C. C.)
Stockton, Louisville Trust Co. v. (C. C. A.)
Stockton Combined Harvester & Agricul-
tural Works, Hammond v. (C. C. A.)...

Stuart v. Hayden (C. C. A.)...
Sydvenska Angfartygs Aktiebolaget v.
Wessels (C. C. A.)........

152

50

47

52

.....

52

252

688

43

260

United States, Kleeberg v. (C. C.)........
United States, Loo Way v. (C. C. A.)..:::
United States, Lutcher v. (С. С. А.)...... 968
United States, Matthews v. (C. C.)........
United States, Pings v. (С. С. А.).
United States, Stachelberg v. (C. C.)......
United States, Stemmler v. (C. C.)........
United States, Stern v. (C. C.)....
United States, White v. (C. C. A.)....... 251
United States, Wood v. (C. C. A.)........ 254
Van Dyke. Atlantic Ave. R. Co. v. (C.

44 C. A.) 780

1

.......

....

Van Valkenburg, Ypsilanti Dress-Stay
Manuf'g Co. v. (C. C.).
Vigilancia, The (C. C. A.).

Vigilancia, The (C. C. A.)

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687

793

402

936

Villars, Currell v. (C. C.)
Voight, Evening Post Pub. Co. v. (C.C. A.) 885
Vulcan Brass Co., Cleveland Faucet Co. v.

330

(C. C.)

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Wade v. Travis County (С. С.).
Wade, National Button Works v. (C. C.).. 298

985

Texas & P. R. Co. v. Spradling (C. C. A.) 152
Thom, Western Union Tel. Co. v. (C. C.).. 712
Thomas, Long-Bell Lumber Co. v. (C. С.

A.)

289

Waite v. O'Neil (C. C.).
Walker, Block v. (C. C. A.)..
Walrath v. Champion Min. Co. (C. C. A.) 978
Walton & Whann Co., Wheeler v. (C. C.) 966.

348

650

Tatum, Ray v. (C. C. Α.).....
Taylor Burner Co. v. Diamond (C. C.).... 182

637

648

936

Page

Waples-Platter Co. v. Turner (C. C. A.)... 289 Whitesides, Elder v. (C. C.).

Warax v. Cincinnati, N. O. & T. P. R. Co.

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171 Willamette. The (С. С. А.).

54 Williamson, American Fibre-Chamois Co. 936 v. (C. C. Α.).

bolaget v. (C. C. A.). Western Assur. Co. v. Schrader (C. C. A.) 543 Western Electric Co.. Thomson-Houston

Wilson, In re (D. C.).

568

508

Page

724

Wichita Nat. Bank of Wichita v. Smith (C. C. A.)

Wilgus v. Germain (C. C. A.)............ 773 Williams, Sawyer v., three cases (C. C.).. 296

79

656

Electric Co. v. (C. C. A.)..

530

Western Union Tel. Co. v. Thom (C. C.).. 712
Western Union Tel. Co., Greene v. (C. C.).. 250
Wheaton v. Norton (C. C. A.).
Wheeler v. Billings (C. С. А.)...
Wheeler v. Walton & Whann Co. (C. C.) 966
Wheeler & Wilson Manuf'g Co., National
Mach. Co. v. (C. C.)...

Wilson v. Pauly (C. C. A.)..
Winchester, Baird v. (C. C. A.).. 755
Wood v. United States (C. C. A.).
Woodbury v. Allegheny & K. R. Co. (C. C.) 371
Woodward, Aiken v. (C. C. A.).........1019
Worsham, Savage v. (C. C.).

129

254

601

688

301

185

White v. United States (C. C. A.)........ 251 Whitehurst, Jonathan Mills Manuf'g Co. ▼. (С. С. А.)

496

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CASES

ARGUED AND DETERMINED

IN THE

UNITED STATES CIRCUIT COURTS OF APPEALS AND THE CIRCUIT AND DISTRICT COURTS.

LOUISVILLE TRUST CO. v. STOCKTON.

(Circuit Court of Appeals, Fifth Circuit. January 21, 1896.)

No. 445.

1. ERROR TO CIRCUIT COURT OF APPEALS-TIME OF SUING OUT WRIT.

The six months within which a writ of error to the circuit court of appeals must be sued out does not begin to run while a motion for a new trial is pending. Railway Co. v. Murphy, 4 Sup. Ct. 497, 111 U. S. 488, applied.

2. SAME-ALLOWANCE OF WRIT.

A formal petition for the allowance of a writ of error is not requisite to the vesting of jurisdiction in the circuit court of appeals. Therefore, where the writ was issued by the clerk of a circuit court without the filing of any petition therefor, or the allowance thereof by any judge, but the judge subsequently, and within the time limited, signed a bill of exceptions and a citation, held, that this was sufficient to give jurisdiction to the appellate court.

In Error to the Circuit Court of the United States for the Southern District of Florida.

H. Bisbee and C. D. Rhinehart, for plaintiff in error.
A. W. Cockrell, for defendant in error.

Before PARDEE and McCORMICK, Circuit Judges, and BOARMAN, District Judge.

PARDEE, Circuit Judge. The defendant in error moves to dismiss the writ of error in this case upon the following grounds: (1) No petition for a writ of error was made or filed herein. (2) No writ of error was allowed herein, on petition or otherwise. (3) The writ of error was issued by the clerk of the circuit court in which judgment sought to be reviewed was rendered, without a petition filed therefor, and without an allowance thereof by a judge of said circuit court, or by a judge of the circuit court of appeals of the Fifth circuit, authorized by law to allow such writ of error. (4) The only action taken in respect of, or in reference to, the appeal based on the said writ of error herein, by a judge authorized by law to allow

v.72F.no.1-1

2

writs of error, was the signing of the bill of exceptions herein, on the 14th day of November, 1895, and the signing of citation herein, by Hon. James W. Locke, a judge of the said circuit court of the Southern district of Florida, on the 9th day of November, 1895, more than six months after the entry of the judgment herein sought to be reviewed, which said judgment was entered on the 1st day of May, 1895.

We have examined the record and considered the argument of counsel. The judgment in the court below was rendered on the 1st day of May, 1895, and thereupon a motion for a new trial was entered, which was overruled on the 2d day of June, 1895. The citation directing the defendant in error to answer in this court was signed and issued on the 9th day of November, 1895, more than six months after the entry of the judgment sought to be reviewed, but within six months from the date when the motion for a new trial was overruled. The time limited for suing out a writ of error does not begin to run while there is a motion for a new trial pending. Railway Co. v. Murphy, 111 U. S. 488, 4 Sup. Ct. 497. A formal petition for the allowance of a writ of error, in order to vest the appellate court with jurisdiction, is not necessary. Davidson v. Lanier, 4 Wall. 447; Ex parte Virginia Com'rs, 112 U. S. 177, 5 Sup. Ct. 421. Even in case of appeal, the approval of the bond and signing of citation has been held to be a sufficient allowance of the appeal. Brandies v. Cochrane, 105 U. S. 262, and cases there cited. In the instant case, the judge of the circuit court signed the citation, and accepted the bond tendered. It seems very clear that the motion to dismiss this writ of error on the grounds stated should be overruled, and it is so ordered.

GOLDEN v. BRUNING et al.

(Circuit Court, D. Indiana. February 12, 1896.)
No. 9,280.

REMOVAL OF CAUSES-SEPARABLE CONTROVERSY.

:

G.. as administrator of J. F. B., deceased, brought a suit in a court of the state of Indiana against W. H. B., a citizen of New York, and C., a citizen of Indiana, for an accounting of the affairs of a partnership composed of J. F. B. and W. H. B., the assets of which were alleged to consist in part of real estate purchased for partnership purposes. It was averred that such real estate was originally conveyed to C., who held it in trust for the firm for a time, and then conveyed it to her mother, who held it in trust for the firm until she died, intestate, leaving C., J. F. B., and W. H. B. as, her heirs; and that, after her death, C. and J. F. B. conveyed their interests to W. H. B., in trust for the firm; but that both C. and W. H. B., respectively, claimed the land as their individual property, C. claiming that the deeds made by her were procured by the fraud of W. H. B. Held, that C. was a necessary party to the suit, and there was no separable controversy between the plaintiff and W. H. B. which could be removed to the federal court.

McCullough & Spaan, for complainant.

Smith & Korbly and Miller, Winter & Elam, for defendants.

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