INDEX.

ABANDONMENT.

Of barge in tow, see "Towage."

ABATEMENT AND REVIVAL.

1. Another action pending.

A proceeding for a writ of assistance in a state court, following a sale
and conveyance of land under a decree of foreclosure entered by such
court, does not operate as a bar, either temporarily or permanently, to
an action of ejectment between the same parties for the same property,
brought by the applicant for the writ in a federal court.

-Lamar v. Spalding, 154 Fed. 27.....

ABETTORS.

Criminal responsibility, see "Criminal Law," § 1.

ABUTTING OWNERS.

..83 C. C. A. 111

Compensation for taking of or injury to lands or easements for public use, see
"Eminent Domain," § 1.

ACCESSION.

Intermixture of goods of same kind, see "Confusion of Goods."

ACCOUNT.

Accounting by Infringer of patent, see "Patents," § 5.

ACTION.

Abatement, see "Abatement and Revival."
Jurisdiction of courts, see "Courts."

Pendency of action, see "Abatement and Revival," § 1.

Actions between parties in particular relations.

See "Master and Servant," § 2.

Actions by or against particular classes of persons.

See "Carriers,” § 1; “Municipal Corporations,” § 2.

Corporate officers, see "Corporations," § 3.

Trustee in bankruptcy, see “Bankruptcy," § 3.

Particular causes or grounds of action.

See "Death," § 1; "Insurance," § 8; "Libel and Slander," § 2; "Negligence,” § 1.

Breach of contract, see "Contracts," § 5.

Breach of warranty, see "Sales," § 2.

Death of passenger, see "Carriers," § 1.

Death of servant, see "Master and Servant," § 2.

Hire of dredge, see "Shipping," § 2.

Infringement of patent, see "Patents," § 5.

Personal injuries, see "Carriers." § 1; "Master and Servant," § 2; "Municipal
Corporations," § 2; "Railroads," § 2.

Recovery of land sold by vendor, see "Vendor and Purchaser," § 1.
Unpaid duties, see "Customs Duties," § 4.

Particular forms of action.

See "Replevin"; "Trover and Conversion."

Particular forms of special relief.

See "Injunction"; "Specific Performance."

Enforcement of liability against corporate officers, see "Corporations," § 3. Foreclosure of vendor's lien, see "Vendor and Purchaser," § 1.

Particular proceedings in actions.

See "Appearance"; "Damages"; "Evidence"; "Judgment"; "Judicial Sales"; "Jury"; "Parties"; "Pleading"; "Removal of Causes"; "Trial"; "Venue." Verdict, see "Trial," § 2.

Particular remedies in or incident to actions.

See "Injunction"; "Receivers."

Proceedings in exercise of special or limited jurisdictions.

Criminal prosecutions, see "Criminal Law."

Suits in admiralty, see "Admiralty"; "Shipping," § 5.

Suits in equity, see "Equity."

Review of proceedings.

See "Appeal and Error"; "Judgment," § 1.

§ 1. Joinder, splitting, consolidation, and severance.

An assignee of a part of a credit or of a chose in action cannot, without
the consent of the obligor, maintain an action at law upon it.

But such a part owner may maintain a suit in equity upon his claim,
upon condition that he makes the owners of the other portions of the
claim parties to the suit.

-Rogers v. Penobscot Min. Co., 154 Fed. 606........83 C. C. A. 380
And the assignee of a part of the interest of a cestui que trust in real
or personal property without the consent of the assignor may maintain
such a suit to enforce the execution of the trust.

-Rogers v. Penobscot Min. Co., 154 Fed. 606........83 C. C. A. 380

See "Bankruptcy," § 2.

ACT OF BANKRUPTCY.

ADEQUATE REMEDY AT LAW.

Effect on jurisdiction of equity, see "Equity," § 1.

ADJUDICATION.

Of courts in general, see "Courts," § 2.

Operation and effect of former adjudication, see "Judgment," § 2.

ADMINISTRATION.

Of estate of bankrupt, see "Bankruptcy," § 3.

ADMIRALTY.

See "Collision"; "Seamen"; "Shipping"; "Towage."

§ 1. Jurisdiction.

A corporation organized to conduct a boys' school on shipboard, char-
tered a vessel for the purpose, and also entered into contracts with libel-
ants, by which it engaged to take pupils for the school year, who were
to be received on board and taught the ordinary studies of a preparatory
course. During the year, the ship was to make a voyage to foreign coun
tries, and the pupils were to be organized into a cadet corps and given
instruction in nautical and naval matters. Held, that such contracts were
not maritime, and that their breach by the corporation did not give libel-
ants a lien on the vessel enforceable in admiralty.

-The Pennsylvania, 154 Fed. 9....

...83 C. C. A. 139

Contracts of a mixed nature are not cognizable in the admiralty courts,
and, where the principal subject-matter of a controversy belongs to the
jurisdiction of a court of common law or of equity, the incidental mat-
ters must also be relegated to the appropriate jurisdiction, although of
themselves they might be cognizable in admiralty.

-The Pennsylvania, 154 Fed. 9......

§ 2. Appeal.

.83 C. C. A. 139

Where, upon a proper construction of a dredge charter, it did not cover
the dredging of material not ordinarily found in such dredging operations,
and for which a dredge of that construction was not adapted, the charter-
er, in a libel for the hire of the dredge, was not prejudiced by the admis-

sion of representations made by one of its officers as to the character
of the material which was to be dredged.

-Bowers Hydraulic Dredging Co. v. Federal Contracting Co., 153
Fed. 870....
...83 C. C. A. 52

§ 3. Costs.

A marshal who has taken possession of a vessel on a process from a court
of admiralty is responsible for her safe keeping to all parties in interest,
and, if he dispenses with a caretaker at the request of one party, it is
within his discretion to again take possession and incur the expense of a
keeper as authorized by Rev. St. § 829 [U. S. Comp. St. 1901, p. 636].
-The Robert R. Kirkland, 153 Fed. 863...

.83 C. C. A. 45

A court of admiralty has no power to allow costs other than those pro-
vided for by statute, unless for an expense incurred under its order, and,
there being no statutory provision for the allowance of mileage to a
proctor in attending on the taking of depositions, no such allowance can be
taxed as costs.

-Pacific Mail S. S. Co. v. Iverson, 154 Fed. 450.......83 C. C. A. 306

AFFIDAVITS.

Particular proceedings or purposes.

Appraisal of merchandise subject to duty, see "Customs Duties," § 3.

Verification of claim against municipal corporation, see "Municipal Corpora-
tions," § 2.

Verification of pleading, see “Pleading,” § 1.

AFFREIGHTMENT.

Contracts, see "Shipping," § 4.

AGENCY.

See "Principal and Agent."

AGREEMENT.

See "Contracts."

AIDERS AND ABETTORS.

Criminal responsibility, see "Criminal Law," § 1.

ALASKA.

Criminal jurisdiction of United States court in, see "Criminal Law," § 2.

See "Indians."

ALIENS.

Right to maintain action for wrongful death, see "Death," § 1.

§ 1. Exclusion or expulsion.

Evidence considered, and held sufficient to entitle a Chinese person ar-
rested for being unlawfully within the United States to his discharge on
the ground that he was a citizen of the United States by birth; there be
ing direct testimony of apparently credible witnesses to such fact, and no
evidence to the contrary, except a statement made by defendant to the in-

spectors who arrested him, which, although somewhat inconsistent with
such claim, was not irreconcilable therewith.

-Pang Sho Yin v. United States, 154 Fed. 660........83 C. C. A. 484.

At trial, see "Trial," § 3.

AMENDMENT.

AMOUNT IN CONTROVERSY.

Jurisdictional amount, see "Courts," § 3.

APPEAL AND ERROR.

Review in criminal prosecutions, see "Criminal Law," § 6.
Review in habeas corpus proceedings, see "Habeas Corpus," § 1.
Review of proceedings in admiralty, see "Admiralty," § 2.

1. Decisions reviewable.

The rule applied that an order of a Circuit Court, adjudging the de-
fendant in a suit for infringement of a patent in contempt for violation
of an injunction granted therein, and imposing a fine for the benefit of
the complainant, is civil in its nature, and constitutes a part of the pro-
ceedings in the case, and, where entered after final decree, is appealable
to the Circuit Court of Appeals.

-Wilson v. Calculagraph Co., 153 Fed. 961..........83 C. C. A. 77
A decision which completely determines the rights of parties in the
pending proceeding, who are not jointly liable with others, is a final deci-
sion, reviewable by appeal or writ of error under the acts of Congress.
-Morrison v. Burnette, 154 Fed. 617.....
..83 C. C. A. 391

An order which avoids a confirmation of a sale and an approval of a
lease of an allotment of an Indian minor is a final decision, because it
completely determines the right of the purchaser thereunder.

-Morrison v. Burnette, 154 Fed. 617.....

..83 C. C. A. 391

An order made by a district court of Alaska setting aside a prior judg-
ment of such court and granting a new trial is not appealable under Alaska
Codes, pt. 4, c. 51, § 504, which gives the right of appeal from a “final judg-
ment or order," but such order may be reviewed on appeal by the Circuit
Court of Appeals for want of jurisdiction in the court to make it.
-Nelson v. Meehan, 155 Fed. 1.......

§ 2. Right of review.

...83 C. C. A. 597

Parties who have secured all the relief they seek cannot appeal or sue
out a writ of error, nor can they, by assigning or arguing cross-errors, con-
fer jurisdiction on a national appellate court to consider or determine al-
leged erroneous rulings not otherwise presented. Guarantee Co. v. Phenix
Ins. Co., 29 C. C. A. 376, 379, 124 Fed. 170, 173.

-Rogers v. Penobscot Min. Co., 154 Fed. 606.........83 C. C. A. 380
3. Presentation and reservation in lower court of grounds of re-
view.

In actions at law the function of the Circuit Court of Appeals is exclu-
sively the correction of errors below, and questions which were not pre-
sented to nor decided by the trial court are not open for review.

-City of Pittsburgh v. Jonathan Clark & Sons Co., 154 Fed. 464.
83 C. C. A. 262

A motion for a directed verdict at the close of all the evidence is
waived, where a direct ruling thereon is not insisted on and no excep-
tion is reserved.

-Fidelity & Casualty Co. of New York v. Thompson, 154 Fed. 484...
83 C. C. A. 324