1031 INDEX-DIGEST For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER BRIDGES. MAINTENANCE. I. ESTABLISHMENT, CONSTRUCTION, AND 317(5) (D.C.) Evidence of defective brake held admissible to show care required of conductor.-Washington & O. D. Ry. Co. v. Smith, 582. (U.S.C.C.A.Ark.) Limit on appropria-317(7) (U.S.C.C.A.Tenn.) Evidence of failtions not applicable to bridge appropriations. ure to station employee at coaches where pasMadison Bond Co. v. Scott County, Ark., 37. Appropriation for bridge construction not invalidated by lack of funds.-Id. to sengers were alighting admissible to show failure to give warning of train movement-Southern Ry. Co. v. Douglas, 325. 20(2) (U.S.C.C.A.Ark.) Failure give 321(8) (D.C.) Evidence held to authornotice of letting bridge contract held mere ir-ize instruction as to negligence of conductor in regularity.-Madison Bond Co. v. Scott County, setting brake.-Washington & O. D. Ry. Co. v. Smith, 582. Ark., 37. Payment on executed bridge contract not to be avoided by showing mere irregularities.-Id. 20(4) (U.S.C.C.A.Ark.) Bridge construction contract held abandoned, precluding recovery by building company.-Madison Bond Co. v. Scott County, Ark., 37. II. REGULATION AND USE FOR TRAVEL. 46 (6) (U.S.C.C.A.Neb.) Evidence held to support verdict against county for wrongful death.-Nemaha County, Neb., v. Harmon, 795. BROKERS. II. EMPLOYMENT AND AUTHORITY. (E) Contributory Negligence of Person Injured. in 348 (7) (U.S.C.C.A.Tenn.) Instructions action for injury to passenger approved.Southern Ry. Co. v. Douglas, 325. (F) Ejection of Passengers and Intruders. 359 (D.C.) Eviction of colored interstate passenger justified only by proof of existence of reasonable segregation regulation.-Washington, B. & A. Electric R. Co. v. Waller, 598. Oral instructions to conductor to segregate races held not regulation justifying eviction of passenger.-Id. 8(3) (U.S.C.C.A.Miss.) Held entitled to commission as effecting a sale, not mere incorporation of business.-Fouke v. Jordy, 220. See Equity. 8(3) (U.S.D.C.Okl.) Evidence held insufficient to warrant recovery of commission.-Rosenberg v. Shuler, 820. V. ACTIONS FOR COMPENSATION. 87 (U.S.C.C.A.Miss.) Recovery held not excessive.-Fouke v. Jordy, 220. 12(2) (U.S.D.C.Ga.) Stock control of connecting road, separately operated, does not authorize treatment of the two roads as a continuous line for rate purposes.-Georgia S. & F. Ry. Co. v. Georgia Public Service Commission, 878. CHANCERY. CHILDREN. Connecting lines operated by separate companies entitled to same treatment as to rates See Parent and Child. regardless of stock ownership.-Id. IV. CARRIAGE OF PASSENGERS. (C) Performance of Contract of Trans portation. CITIES. See Municipal Corporations. CITIZENS. 267 (D.C.) Bulletin announcing state law as to segregation of races held not regulation See Aliens. affecting interstate passengers.-Washington, 10 (U.S.C.C.A.Neb.) Presumption of law B. & A. Electric R. Co. v. Waller, 598. (D) Personal Injuries. 315(4) (D.C.) Declaration alleges negligence of conductor in operating brake does not authorize recovery for injuries caused solely by defective brake.-Washington & O. D. Ry. Co. v. Smith, 582. of citizenship by naturalized citizens rebuttable.-Miller v. Sinjen, 388. Evidence held to rebut presumption of law of citizenship by residence abroad.-Id. Burden on naturalized citizen to show no abandonment of citizenship by return to land of nativity and residence there.-Id. Granting of passport discretionary, and not evidence of citizenship.-Id. 13 (U.S.C.C.A.Neb.) Finding of State Department, denying passport, that naturalized citizen had abandoned American citizenship, not binding on courts.-Miller v. Sinjen, 388. 13 (U.S.D.C.Cal.) Act as to repatriation inapplicable, where citizen took oath of allegiance to foreign country during war.-In re Grant, 814. COLLISION. 1. RULES AND PRECAUTIONS FOR PREVENTING COLLISIONS IN GENERAL. Cum 14 (U.S.C.C.A.Alaska) Employment of master aged 19 not negligence.-The Eagle, 661. 25 (U.S.C.C.A.N.Y.) Liability assumed by express contract not subject to limitation.The E. S. Atwood, 737. Owner of tug under charter held entitled to limit liability for collision.-Id. III. STEAM VESSELS MEETING OR 39 39 (U.S.D.C.R.I.) Submarine held at fault in colliding with sailing schooner.-The Charlotte W. Miller, 816. VII. VESSELS AT REST, AT ANCHOR, OR 71 (2) (U.S.C.C.A.N.Y.) That a tow steers badly places greater burden of care on tug.The E. S. Atwood, 737. Tug held in fault for collision between tow and anchored vessel.-Id. 73 (U.S.C.C.A.N.Y.) Tug,, permitting tow to come in collision with anchored vessel has burden of explanation.-The E. S. Atwood, 737. VIII. LIGHTS, SIGNALS, AND LOOKOUTS.. (D) Damages. 130 (U.S.C.C.A.Alaska) Vessel not at fault held entitled to interest on damages. The Eagle, 661. COMMERCE. I. POWER TO REGULATE IN GENERAL. 8(12) (D.C.) State law does not affect interstate passenger.-Washington, B. & A. Electric R. Co. v. Waller, 598. II. SUBJECTS OF REGULATION. 47 (D.C.) Passenger on intrastate car, with ticket for District of Columbia, though obliged to change cars, is interstate passenger. Washington, B. & A. Electric R. Co. v. Waller, 598. COMMERCIAL PAPER. See Bills and Notes. CONDITIONAL SALES. See Sales, 479. CONSPIRACY. II. CRIMINAL RESPONSIBILITY. (A) Offenses. 28 (U.S.C.C.A.N.Y.) Parties to illegal sale may be charged with conspiracy to make the sale.-Vannata v. U. S., 424. There may be conspiracy to commit a crime, which only one conspirator is capable of committing. Id. 28 (U.S.C.C.A.Pa.) Conspiracy is punishable, though intended crime is not accomplished.-Shaffman v. U. S., 370. Person may be guilty of conspiracy, though incapable of committing the objective crime. -Id. 76 (U.S.C.C.A.Alaska) Failure of vessel 30 (U.S.C.C.A.Idaho) In prosecution for collided with to whistle before turning to avoid collision held not to show vessel at fault. The Eagle, 661. 77 (U.S.C.C.A.Alaska) Absence of lookout not material to liability, if presence of lookout would not have averted collision.-The Eagle, 661. X. NARROW CHANNELS, HARBORS, RIV- conspiracy to oppress homesteader, validity of mortgage executed before title vested in homesteader immaterial.-Nixon v. U. S., 177. Homesteader's exercise of rights and privileges within protection of federal law.-Id. 37 (U.S.C.C.A.N.Y.) Not a defense that the crime which was the purpose of the conspiracy was committed.-Vannata v. U. S., 424. Offense not merged in accomplished crime. -Id. (B) Prosecution and Punishment. 96 (U.S.C.C.A.N.Y.) Evidence held to require finding that both tugs at fault.-The New-43 (6) (U.S.C.C.A.Pa.) Indictment for conark, 801. spiracy to aid bankrupts in concealing property from their trustee held good.-Shaffman v. U. S., 370. 43(12) (U.S.C.C.A.Pa.) Variance between allegation of indictment as to date and proof held immaterial.-Pope v. U. S., 312. 47 (U.S.C.C.A.Idaho) Evidence held sufficient to warrant conviction for conspiracy to interfere with homesteader's rights.-Nixon v. U. S.. 177. 47 (U.S.C.C.A.N.Y.) Evidence held to show place of forming conspiracy was in Brooklyn, -Covelli v. U. S., 791. 47 (U.S.C.C.A.Pa.) Evidence held insufficient to warrant conviction.-Pope v. U. S., 312. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER CONSTITUTIONAL LAW. See Statutes, 51-121. II. CONSTRUCTION, OPERATION, AND 42 (U.S.C.C.A.N.Y.) Person not affected by alleged unconstitutional feature of statute cannot raise question of constitutionality.-Panama R. Co. v. Johnson, 964. presumed to 48 (U.S.C.C.A.III.) Statute operate prospectively only, especially where otherwise it would interfere with vested rights. -Hoyt Metal Co. v. Atwood, 453. III. DISTRIBUTION OF GOVERNMENTAL (A) Legislative Powers and Delegation 56' (U.S.C.C.A.N.Y.) Congress not precluded from altering system of maritime and admiralty law.-Panama R. Co. v. Johnson, 964. II. CONSTRUCTION AND OPERATION. (A) General Rules of Construction. 169 (D.C.) Circumstances cannot be considered in construing, unless ambiguity exists. -No-Leak-O Piston Ring Co. v. Chandlee, 526. III. MODIFICATION AND MERGER. 238 (2) (U.S.C.C.A.Ark.) Written contract, though otherwise provided therein, may be changed by oral agreement.-Peck v. Stafford Flour Mills Co., 43. CORPORATIONS. See Banks and Banking; Carriers; JointStock Company and Business Trusts; Municipal Corporations; Railroads; Telegraphs and Telephones. I. INCORPORATION AND ORGANIZATION. 9 (U.S.D.C.Wis.) Charter constitutes contract between state and corporation, and shareholders and corporation, and state and shareholders.-Tyler v. Dane County, Wis., 843. DIVIDENDS. IV. CAPITAL, STOCK, AND Statute authorizing seamen to sue at law not unconstitutional, as invading admiralty and maritime jurisdiction of courts.--Id. 63(2) (D.C.) Congress can give municipali-71 (U.S.D.C.N.Y.) Maine statute held to ties power to legislate.-Crane v. District of authorize issuance of treasury, stock as preferred stock.-Schilling v. Car Lighting & PowColumbia, 557. er Co., 489. VI. VESTED RIGHTS. 110 (U.S.C.C.A.III.) Legislature cannot by a retroactive law affect rights under prior judgment.-Hoyt Metal Co. v. Atwood, 453. XI. DUE PROCESS OF LAW. 283 (U.S.D.C.Wis.) Taxation of property without jurisdiction is taking property without due process of law.-Tyler v. Dane County, Wis., 843. CONTEMPT. 230. See Injunction, II. POWER TO PUNISH, AND PROCEED- 45 (U.S.C.C.A.La.) Provision as to venue for trial of crimes inapplicable to trial of criminal contempt.-Dunham v. U. S., 376. 66 (7) (U. S. C. C. A. La.) Presumed that charge correctly submitted questions to jury. Dunham v. U. S., 376. CONTRACTS. See Assignments; Bills and Notes; Frauds, Statute of; Novation; Sales; Specific Performance; Vendor and Purchaser. 76 (U.S.C.C.A.Mich.) Acceptance of option to subscribe for stock by making required cash payment held to constitute building contract of subscription.-Smith v. General Motors Corporation, 205. 78 (U.S.C.C.A.Mich.) Rights of parties on default on subscription contract.-Smith v. General Motors Corporation, 205. Rights of subscriber to stock, pending full payment, may be fixed by agreement.-Id. 85 (U.S.C.C.A.Mich.) Assignment of contract of subscription for stock does not release subscriber from liability.-Smith v. General Motors Corporation, 205. V. MEMBERS AND STOCKHOLDERS. (A) Rights and Liabilities as to Corporation. 174 (U.S.D.C.Wis.) Charter and laws of state creating corporation determine rights and liabilities of stockholders.-Tyler v. Dane County, Wis., 843. (B) Meetings. in which 198 (U.S.D.C.N.Y.) Proxies stockholders wrote names only in blank at beginning are void.-Schilling v. Car Lighting & Power Co., 489. (D) Liability for Corporate Debts and Acts. I. REQUISITES AND VALIDITY. (A) Nature and Essentials in General. 10(1) (U.S.C.C.A.Ark.) Option to cancel, given one party, to render contract unilateral, 216 (U.S.C.C.A.Ky.) Stockholders' liability must be independent of any action by the oth-governed by law of state of incorporation.er party.-Peck v. Stafford Flour Mills Co., 43. In re Pipe Line Oil Co., 698. 10(4) (U.S.C.C.A.Ark.) Contract held not void for lack of mutuality.-Peck v. Stafford Flour Mills, Co., 43. Provisions excusing performance in case of emergencies do not destroy mutuality of contract.-Id. VI. OFFICERS AND AGENTS. (C) Rights, Duties, and Liabilities as to Corporation and Its Members. 310(1) (U.S.C.C.A.Ind.) Contract to devote "entire time" to business precludes ac 348. law, and consent cannot confer jurisdiction.- V. COURTS OF PROBATE JURISDICTION. 2004 (D.C.) Probate court cannot give heirs relief as actual or potential stockholders of a corporation.-Brosnan v. Brosnan, 547. VII. UNITED STATES COURTS. (A) Jurisdiction and Powers in General. 263 (U.S.D.C.Ga.) Jurisdiction acquired by reason of federal question extends to all questions involved.-Georgia S. & F. Ry. Co. v. Georgia Public Service Commission, 878. 457 (U.S.C.C.A.Mont.) Injunction will not issue to prevent mortgagor's buying its bonds, instead of redeeming under option.-Fleming v. Montana Coal & Iron Co., 793. 476(3) (U.S.C.C.A.Wash.) Mortgage to 264 (3) (U.S.C.C.A.lowa) Federal naked trustee, assigned by him to secure an- has jurisdiction of ancillary suit by its receiver. tecedent debt, held void.-Haskell v. McClintic--Carey v. McMillan, 380. Marshall Co., 405. 484 (3) (U.S.C.C.A.N.Y.) Joint agreement by three corporations operated as unit with a factor held not merely an ultra vires contract of guaranty, but a reasonably necessary agreement binding one which became bankrupt.Gotshal v. Mill Factors Corporation, 1005. XI. DISSOLUTION AND FORFEITURE OF FRANCHISE. court 274 (U.S.D.C.Wash.) Corporation is citizen of state of its creation, and its domicile at place of principal office or business; "Inhabitant."-Bacon v. Federal Reserve Bank of San Francisco, 513. Federal Reserve Bank entitled to be sued in district of its habitat as fixed by its certifi cate of incorporation.-Id. Federal Reserve Bank suable "only" in district of its habitat.-Id. (U.S.C.C.A.N.Y.) 629 (U.S.D.C.N.Y.) In absence of statute,276 Requirement that stockholders have vested right to share in action be brought in particular federal district earnings and property on dissolution.-Schill- may be waived.-Panama R. Co. v. Johnson, ing v. Car Lighting & Power Co., 489. IV. FISCAL MANAGEMENT, PUBLIC DEBT, 165 (U.S.C.C.A.Ark.) Warrants not void because payable at future date.-Madison Bond Co. v. Scott County, Ark., 37. That affidavits attached to claims for warrants were defective would not prevent recovery on warrants.-Id. 964. Objection to jurisdiction of suit under Jones Act as not brought in proper district, waived by failure to object.-Id. 279 (U.S.C.C.A.Okl.) Jurisdiction of feder al court must affirmatively appear from plaintiff's pleading.-Norton v. Larney, 395. Where jurisdiction is not questioned by pleadings, it is sufficient if shown in the proofs. Id. 280 (U.S.C.C.A.Okl.) Federal court must consider question of its jurisdiction.-Norton v. Larney, 395. 280 (U.S.D.C.Okl.) Jurisdiction of federal courts must affirmatively appear from record. -Rosenberg v. Shuler, 820. Burden on plaintiff to prove jurisdiction. 167 (U.S.C.C.A.Ark.) Purchaser of war--Id. rants from builder of defective bridge, accepted by authorities, held entitled to recover thereon.-Madison Bond Co. v. Scott County, (B) Jurisdiction Dependent on Nature of Ark., 37. COURT RULES CITED. Equity rule 29-289 F. 812. COURTS. Subject-Matter. 281 (U.S.C.C.A.N.Y.) Federal courts have jurisdiction of suits.-Panama R. Co. v. Johnson. 964. 284 (U.S.C.C.A.Okl.) Rights involved must depend on validity or construction of law of See Contempt; Criminal Law, 95; Removal United States, to give federal court jurisdicof Causes. I. NATURE, EXTENT, AND EXERCISE OF tion.-Norton v. Larney, 395. 294 (U.S.D.C.Wash.) Suit against Federal Reserve Bank one arising under laws of United States, of which federal court has jurisdiction.-Bacon v. Federal Reserve Bank of San Francisco, 513. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER (C) Jurisdiction Dependent on Citizen- livered.-Haskell V. McClintic-Marshall Co., ship, Residence, or Character of Parties. 405. 370 (U.S.C.C.A.Wash.) Federal court must decide state question not decided by state court. Haskell v. McClintic-Marshall Co., 405. 372(1) (U.S.C.C.A.Wash.) Whether general arbitration agreement is valid is question of general law.-Haskell v. McClintic-Marshall Co., 405. 372 (4) (U.S.C.C.A.Mich.) Federal courts will enforce contract rights under state law when contract was made. In re Ames, 208. (H) Circuit Courts of Appeals. 312(4) (U.S.C.C.A.Fla.) Federal court has jurisdiction of suit on promissory notes for diversity of citizenship, where original payee could have sued.-United Divers Supply Co. v. 405(3) (U.S.C.C.A.Hawaii) Construction Commercial Credit Co., 316. by the territorial court of its decisions held determination of law of territory.-Ewa Plantation Co. v. Wilder, 664. 321 (U.S.C.C.A.N.H.) Personal representative of decedent real party in interest.-Boston & M. R. R. v. Dutille, 320. Jurisdiction of action for wrongful death in federal court, where personal representative controlling suit was alien.-Id. di 322(2) (U.S.D.C.Okl.) Allegation of versity of residence not allegation of diversity of citizenship.-Rosenberg v. Shuler, 820. Appellate courts will not disturb construction of statute by territorial Supreme Court except for clear error.-Id. 405(5) (U.S.C.C.A.Tex.) Appeal from decree dismissing for want of jurisdiction transferred to Supreme Court.-McLean Oil Co. v. Ashworth Heirs, 73. (J) District Courts. 323 (U.S.D.C.Okl.) Allegation and evidence of diversity of residence insufficient to confer jurisdiction on federal court.-Rosenberg v. 427 (U.S.C.C.A.Or.) Libel could not be Shuler, 820. transferred to common-law side of court for trial.-Cassil v. U. S. Emergency Fleet Corporation, 774. 325 (U.S.D.C.Fla). Right to question jurisdiction waived by plea to merits.-Huff v. Ford, 858. (E) Procedure, and Adoption of Practice of State Courts. 342 (U.S.C.C.A.Okl.) Ejectment based on equitable title not cognizable in federal courts, notwithstanding state statutes.-Ewett v. Robinson, 740. 342 (U.S.D.C.Fla.) Plea held to set up a defense which, if sustained, entitled defendants to equitable relief.-Williams v. Mason, 812.. 342 (U.S.D.C.Fla.) Equitable plea in action at law in federal courts may be filed any time before trial.-Huff v. Ford, 858. VIII. CONCURRENT AND CONFLICTING (B) State Courts and United States Courts. CRIMINAL LAW. See Abortion; Bribery; Conspiracy, 28 47; I. NATURE AND ELEMENTS OF CRIME 345 (U.S.D.C.Wash.) Conformity Act does not require federal courts to observe state stat-37 (U.S.C.C.A.Tex.) Entrapment not a deutes in regard to general and special appear-fense, where consisting only of affording facilances.-Bacon v. Federal Reserve Bank of San ities to one suspected of willingness to transFrancisco, 513. gress law. Aultman v. U. S., 251. 347 (U.S.D.C.Fla.) Demurrer does not lie to equitable plea in an action at law.-Williams v. Mason, 812. (F) State Laws as Rules of Decision. 359 (U.S.C.C.A.Pa.) On issue of property rights, law of state where property situated enforced in federal court.-Scranton Coal Co. v. Graff Furnace Co., 305. 365 (U.S.C.C.A.Neb.) State court's decisions on matter of local law followed in federal court.-Schafroth v. Ross, 703. 366(2) (U.S.D.C.Wis.) Whether state statute violates federal Constitution federal question. Tyler v. Dane County, Wis., 843. Facts held not to constitute entrapment by government officers.-Id. 37 (U.S.C.C.A.W.Va.) Sale of narcotics to addict held not entrapment.-Nutter v. U. S., 484. IV. JURISDICTION. 95 (U.S.C.C.A.S.C.) Defendant, charged with assaulting revenue officer, cannot be convicted of simple assault in federal court.Bray v. U. S., 329. VI. LIMITATION OF PROSECUTIONS. 149 (U.S.C.C.A.Ind.) Evidence held to show prosecution barred by limitations.-Charters v. U. S., 63. of IX. ARRAIGNMENT AND PLEAS, 366(6) (U.S.D.C.Wis.) Construction state statutes primarily for state courts.Tyler v. Dane County, Wis., 843. AND 366(18) (U.S.C.C.A.Wash.) State decisions 261 (2) (U.S.C.C.A.W.Va.) Arraignment control as to whether mechanic's lien can be and plea to amended information not essential. claimed for material manufactured, but not de--Muncy v. U. S., 780. |