An executor or administrator of the defend- be held to apply to a suit to enforce vendor's lien ADJUDICATION. Operation and effect of former adjudication, ADMINISTRATION. made a party by scire facias under Rev. St. Of estate of decedent, see "Executors and Ad- ABUTTING OWNERS. Assessments for expenses of public improve- ACCORD AND SATISFACTION. ACTION. Abatement, see "Abatement and Revival." ministrators." ers," § 1; "States," § 2; "United States," Verification of pleading, see "Pleading," § 2. § 2. trustees in bankruptcy, see "Bankruptcy," 1. AGREEMENT. Bar by former adjudication, see "Judgment," See "Contracts." Criminal prosecutions, see "Criminal Law." Election of remedy, see "Election of Reme- | See "Indians." Limitation by statutes, see "Limitation of Ac- Particular causes or grounds of action, see ALIENS. § 1. Exclusion or expulsion. Wife and minor children of Chinese merchant personal injuries, see "Carriers," § 2; Particular forms of action, see "Ejectment." § 1. 99 foreclosure of mortgage, see "Mortgages," setting aside fraudulent conveyance, see Review of proceedings, see "Appeal and Er- Suits in admiralty, see "Admiralty"; "Colli- ALLOWANCE. Of appeal or writ of error, see "Appeal and ALTERATION. Of geographical or political divisions, see "Mu- AMBASSADORS AND CONSULS. The United States consul has no authority, by AMENDMENT. Of constitution, see "Constitutional Law," § 1. (1033) AMOUNT IN CONTROVERSY. Jurisdictional amount, see "Appeal and Error," § 1; "Courts," § 5. ANNEXATION. on appeal from a judgment denying an injunction to prevent their enforcement, where they do not claim under a common right.-Chamberlin v. Browning, 820. § 2. Right of review. An appeal may be taken by the United States from decision by the court of private land Of territory to municipal corporation, see "Mu- claims, although the government had no interest nicipal Corporations," § 1. APPEAL AND ERROR. See "Certiorari"; "Exceptions, Bill of." Costs, see "Costs," § 1. in the litigation.-United States v. De la Paz Valdez de Conway, 13. Voluntary settlement by a judgment debtor with one of the plaintiffs, and payment, leaving amount unpaid on judgment less than jurisdictional amount, held fatal to right of review. Review of criminal prosecutions, see "Crim-Thorp v. Bonnifield, 533. inal Law," § 3. of proceedings in admiralty, see "Admi- § 3. Presentation and reservation in ralty," § 1. 1. Decisions reviewable. An appeal lies from the supreme court of a territory to the supreme court of the United States to review a decree for alimony and counsel fees in divorce.-Simms v. Simms, 58. A controversy as to the continuance of the relationship of marriage cannot be reviewed by the supreme court of the United States on appeal from a territorial court.-Simms v. Simms, 58. Jurisdiction of appeals from decrees in prize cases may be taken by the supreme court, without regard to the amount in dispute or certificate of importance. The Paquete Habana, 290; The Lola, Id. No pecuniary limit on the appellate jurisdiction of the supreme court or of the circuit court of appeals from a district or circuit court is imposed by Act Cong. March 3, 1891.-The Paquete Habana, 290; The Lola, Id. A statement in an order denying leave to intervene because petitions do not state facts sufficient to show a legal right in interveners is not a final decision for the purposes of appeal. -Credits Commutation Co. v. United States, 636; Same v. Dexter, Id.; Same v. Ames, Id. The value of the land, and not the value of the right of present possession thereof, is the amount in controversy on appeal to the supreme court of the United States, where the claim of right to land is involved, and the naked legal title is in the United States.-Black v. Jackson, 648. A motion to dismiss an appeal from supreme court of territory, on the ground that the amount in controversy is insufficient, must be denied where there are affidavits showing the necessary amount, and the record contains an order made by the supreme court stating that amount involved is more than the necessary amount.-Potts v. Hollon, 654. A decision requiring a county clerk to comply with an order of a territorial board of equalization, and increasing the assessed valuation of the property in the county, held not to involve pecuniary rights of clerk, so as to give the supreme court jurisdiction, where it does not appear that he is a taxpayer, and his resistance to the order is based on his official duty.-Caffrey v. Territory of Oklahoma, 664. Appellant cannot unite the separate interests of appellees to make up the jurisdictional amount, if appellees could not have done so in case of recovery against them.-Chamberlin v. Browning, 820. Separate claims of attachment creditors cannot be united to make the jurisdictional amount lower court of grounds of review. An objection that an appeal in bankruptcy was not claimed within the time prescribed by rules held too late when made in the supreme court after 16 years, where it was not raised below on a motion made to declare the appeal deserted.-Bryar v. Campbell, 794. Exception to instructions is not waived by asking the court to repeat them, in connection with certain answers made to questions propounded by the jury.-Mutual Life Ins. Co. of New York v. Phinney, 906. Question raised in supreme court of a state, and there decided on the merits, is not raised too late for the purpose of review on writ of error to supreme court of United States.-Sully v. American Nat. Bank, 935. In order to be heard in the supreme court of the United States on writ of error to a state court, party raising question must have raised it in the state court, and cannot avail himself of the fact that some one else has raised it.Sully v. American Nat. Bank, 935. § 4. Requisites and proceedings for transfer of cause. Right of appeal from court of private land claims on the part of the United States exists, under act creating that court, until six months after receipt by attorney general of statement of case.-United States v. Pena, 165. Sufficiency of reasons for delay in giving notice to attorney general of judgment confirming land claim, whereby time of appeal by the United States is extended, is shown by allowance of appeal by a justice whose attention was called thereto.-United States v. Pena, 165. thereto.-United States v. Pena, 165. Appeal may be allowed by associate justice of private land claims court on the same conditions as appeals from circuit courts of the United States.-United States v. Pena, 165. Failure of clerk of circuit court of appeals to indorse writ of error as "Filed" does not affect transfer of case, where judge has done all that is necessary, and the party all that is required by statute.-Mutual Life Ins. Co. of New York v. Phinney, 906. § 5. Record and proceedings not in record. Supplemental transcript, filed after case was decided in supreme court of the state, will not be considered in the supreme court of the United States.-Telluride Power-Transmission Co. v. Rio Grande W. Ry. Co., 245. § 6. Assignment of errors. An appeal will not be dismissed for want of an assignment of errors, as the court, under rule 21, par. 4, may notice a plain error not assigned. -United States v. Pena, 165. An assignment of error is not necessary to give the court, on appeal, authority to notice a plain error.-United States v. Tennessee & C. R. Co., 370. 7. Dismissal, withdrawal, or or abandonment. Validity of settlement and part payment of judgment, leaving amount in dispute insufficient to sustain writ of error, cannot be contested by defendant, so as to prevent dismissal of writ of error, when not questioned by judgment creditors.-Thorp v. Bonnifield, 533. § 8. Hearing and rehearing. Equal division of court on motion for rehearing of judgment of reversal leaves that judgment in force.-Carmichael v. Eberle, 571. § 9. Review. Amendment of pleadings may be allowed, even on appeal.-Jones v. Meeham, 1. Questions of fact cannot be reviewed by supreme court of United States on appeal from a territorial court.-Simms v. Simms, 58. Defendant in error cannot complain of adverse rulings.-Bolles v. Outing Co., 94. A suit by the United States to foreclose all claims in law and equity on the part of one who has fraudulently obtained an award against another country held a suit in equity, which, on appeal, is to be re-examined as to both law and facts.-La Abra Silver-Min. Co. v. United States, 168. Findings of fact cannot be reviewed by supreme court of the United States on writ of error to state court.-Keokuk & H. Bridge Co. v. People of State of Illinois, 205. Evidence cannot be weighed by supreme court as a matter of first impression, in a suit to enforce an order of the interstate commerce commission, to determine whether there is such competition' as justifies a conclusion that dissimilarity of circumstances was brought about.-Louisville & N. R. Co. v. Behlmer, 209. It will be presumed that an assessment of refrigerator cars, owned by a foreign corporation and used in interstate commerce, is correct and regular, where there was no objection that too many cars were taxed, nor to the rate, but the only point raised was that they were not taxable.-Union Refrigerator Transit Co. v. Lynch, 631. The decision of jury as to the fact of the navigability of waters is not binding on the appellate court, so as to preclude a consideration of the instructions under which the jury found the verdict.-Leovy v. United States, 797. The question whether judgment rendered was warranted by the facts found may be considered on appeal, where the cause was tried without a jury by a referee duly appointed.-Chicago, M. & St. P. Ry. Co. v. Clark, 924. § 10. Determination and disposition of Decree of reversal for further proceedings is properly entered nunc pro tunc as of the date of submission, where party has died since submission.-Louisville & N. R. Co. v. Behlmer, 209. A decree in a bill to restrain the enforcement of a schedule of rates established for local traffic will be remanded, with instructions to refer the case to report on the facts, where there is insufficiency shown.-Chicago, M. & St. P. Ry. Co. v. Tompkins, 336. On appeal from an order granting a temporary injunction, the court may properly order a dismissal of the bill, before filing of answer or taking of proofs, where it is obviously devoid of equity.-Mast, Foos & Co. v. Stover Mfg. Co., 708. Findings by the supreme court of a territory not mere conclusions of law.-Apache County v. held to involve additional findings of fact, and Barth, 718. an internal revenue collector to recover a tax A judgment dismissing a complaint against unlawfully exacted may be reversed at the cost of the plaintiff in error, though his only contention was that the statute was unconstitutional, while the court holds that it was constitutional, where the tax was computed at an excessive amount.-Murdock v. Ward, 775. A final decree dismissing a bill for an injunction may be directed by a circuit court of appeals in reversing a decree for a temporary injunction, where there is no equity in the bill. Castner v. Coffman. 842. Question as to recoupment of damages to a cargo, if not passed upon on an appeal which remains open for determination by lower court directs a decree for division of the damages, under mandate to enter decree in conformity to opinion on appeal.-Ex parte Union Steamboat Co., 904. ARMY AND NAVY. The terms of a commission cannot change effect of appointment of an officer in the navy, as defined by a statute authorizing it.-Quackenbush v. United States, 530. Reappointment of naval commander, who had been dismissed or suspended under Act Cong. Feb. 16, 1897, held not to authorize any claim to leave or waiting-orders pay, or pay as a retired officer for any time preceding the date of his reappointment.-Quackenbush v. United States, 530. Payments to a late commander in the navy after he is lawfully out of the service cannot be recovered back, but are ratified when congress subsequently passes an act providing for his appointment to his original rank, but providing that he shall receive no pay except from date of reappointment.-Quackenbush v. United States, 530. ARREST. § 1. On criminal charges. On trial of an Indian for murder committed in resisting an arrest, an instruction that officers had the right to use necessary force to arrest the Indian, and that he had no right to resist, held prejudicial error, where accused had not been guilty of any offense.-John Bad Elk v. United States, 729. ASSESSMENT. in indivision, in proportion to their interests, but who left the stock standing in the name of the deceased, held liable to assessments on insolvency of the bank.-Matteson v. Dent, 419. Enforcing the whole amount of assessment on national bank stock, to extent of distribu Of expenses of public improvements, see "Mu- tive share received by the heirs, to whom the nicipal Corporations," § 3. Of tax, see "Taxation," 8 4. ASSIGNMENT OF ERRORS. See "Appeal and Error," § 6. ASSIGNMENTS. stock has been allotted in indivision, held not to violate federal constitution.-Matteson V. Dent, 419. A national bank which uses money obtained by its vice president as a loan from another national bank cannot escape liability to account therefor, on the ground that the loan was not negotiated by it or by its direction, or that it could not itself have legally borrowed the money. Fraud as to creditors, see "Fraudulent Con- -Aldrich v. Chemical Nat. Bank, 498. veyances." 99 See "Insolvency." Collections from collateral securities, made by a creditor of a national bank after the declared insolvency of the bank, need not be deducted from the amount on which dividends are to be computed by the receiver of the bank.-Aldrich v. Chemical Nat. Bank, 498. The rate of interest which national banks may charge in Arizona is not limited to 7 per cent. by Rev. St. U. S. §§ 5197, 5198, though St. Ariz. §§ 2161, 2162, allow parties to agree on any rate, and in default to take 7 per cent. only. -Daggs v. Phoenix Nat. Bank, 732. Attachment against a national bank as garnishee held not an attachment against the bank, nor a suit against it within Rev. St. U. S. § 5242, prohibiting suit in a state court with a view to a preference on insolvency.-Earle v. Commonwealth of Pennsylvania, 915. Suspension of national bank and appointment of receiver do not defeat a right previously acquired by garnishment, but assets pass burdened with a lien in favor of plaintiff in the garnishment suit.-Earle v. Commonwealth of Pennsylvania, 915. Garnishment of national bank and its receiv United States district courts have no jurisdiction over independent suits by a trustee in bankruptcy to assert title to property as assets of the bankrupt against strangers to the bank-er can be maintained in state court, though it ruptcy proceedings, unless by consent.-Bardes v. First Nat. Bank, 1000. After adjudication in bankruptcy, replevin in the state court cannot be maintained against bankrupt to recover property in possession of referee at time of action brought.-White v. Schloerb, 1007. cannot create any lien on specific assets of the bank in the hands of receiver, nor disturb his custody of the assets.-Earle v. Conway, 918. BAR. Of action by former adjudication, see "Judgment," § 2. A judge of a bankruptcy court can compel persons who have unlawfully seized and taken from the judicial custody of that court property of a bankrupt to restore the property by See "Wills." summary proceedings. - White v. Schloerb, 1007. BEQUESTS. BILL OF EXCEPTIONS. Goods in actual possession of a bankrupt at time of adjudication and turned over to ref- See "Exceptions, Bill of." eree, who directs them to be locked up in a store, are in custody of the United States court, from which they cannot be taken by a state court.-White v. Schloerb, 1007. § 2. Rights, remedies, and discharge of bankrupt. Obtaining money by false representations as to shipments to be made held to create a debt of fraud, exempt from the effect of a discharge under the bankrupt act.-Forsyth v. Vehmeyer, 623. BANKS AND BANKING. 1. National banks. Widow and heirs of shareholders in national BONDS. § 1. Negotiability and transfer. them redeemable by installments determined BOUNDARIES. See "Municipal Corporations," § 1. BREACH. bank, to whom probate court allots the shares Of contract, see "Contracts," § 4. CANALS. § 1. Establishment, construction, and Contract for perpetual maintenance of canals, Proprietor of lands crossed by a canal, which CANCELLATION OF INSTRUMENTS. Setting aside fraudulent conveyances, CARRIERS. see from liability for damages to a passenger by Existence of a lease by a railroad company CERTIORARI. § 1. Proceedings and determination. A printed copy of transcript of record from a Carriage of passengers by vessels, see "Ship- of that court, may be used without furnishing a_certified copy, as required by Sup. Ct. Rule Right of carrier to consider existence of com- The interest of the public, as well as that of CHANCERY. CHATTEL MORTGAGES. the right of carriers to charge a lesser rate for See "Pledges." Competition which is material, arising from car- See "Infants." CHILD CHINESE, though competition does not originate at the ini- Exclusion or expulsion, see "Aliens," § 1. v. Behlmer, 209. Railroads sharing in agreed rate on traffic to a CIRCUIT COURTS. certain point, and in equal rate on traffic to in- See "Courts," § 8. The reasonableness of a schedule of rates for § 2. Carriage of passengers. Express messenger, occupying express car in The amount of wages which plaintiff alleges CIRCUIT COURTS OF APPEALS. CITIES. See "Municipal Corporations." CITIZENS. See "Aliens"; "Indians." Citizenship ground of jurisdiction of United CIVIL RIGHTS. tination.-North American Transportation & See "Constitutional Law," §§ 4, 6, 7. Illegality of an arrangement by which a train COLLATERAL INHERITANCE TAXES. is run over the track of another railroad com- |