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The Taussig design patent, No. 33,633, for a design for a casing for disinfecting apparatus is valid; the attractive appearance of the casing shown rendering it popular with users, notwithstanding original structural defects. Also, held infringed.

-West Disinfecting Co. v. Frank, 149 Fed. 423......79 C. C. A. 359 The Palmer design patent, No. 36,806, for a design for artificial building blocks, showing the upper portion of the block having a rock face and the lower part smooth, is void for anticipation and lack of invention; it being shown without contradiction that houses still standing were built, prior to the application for the patent, of alternate layers of rock-face and smooth-face stone, presenting substantially the same appearance to the eye as a building of stone made after the design of the patent.

-Clark v. Harmon S. Palmer Hollow Concrete Bldg. Block Co., 149
Fed. 1001...........
..79 C. C. A. 511

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64,038. Machine for making book covers, cited.. 105.329. Book-sewing machine, cited 169 181,979. Separable button catch, cited 195,322. Governor for regulating the speed of machinery, cited

210.847. Governor, cited..

for telephone call-signals,
cited

181

507

507

230,264. Magneto-electric generator

507

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367,241. Means for connecting en

501

for lack of patentable novelty, in view of prior

art

438,077. Clutch, cited..

166

507

437,704. Regulator for electric gen-
erators and motors, cited 507
438,204. Electric motor, cited. .507, 508
440,590. Electrical governor, cited.. 507
for
442,855. Furnace
reheating
glassware, held not in-
fringed

449,959. Ball bearings, held not in

513

fringed

.177, 178

449,968. Ball bearings, held not infringed

446

.177, 178 452,976. Governor for phonographs, cited 507 456,392. Speed governor, cited..... 507 462,348. Gearing for electro-magnetic motors, cited..... 507 463,171. Machine for folding textile or other material, cited 472,607. Feeders for cotton gin, held not anticipated and valid. Also held infringed as to claims 1, 2, 9 and 12 .499, 500, 501, 505 478,473. Seed-cotton receiver, cited 501 485,130. Folding machine, cited.... 446 488,446. Apparatus for feeding seed cotton to gins, cited.... 500 491,829. Electric motor regulator, cited ..507, 508 502,678. Machine for folding collar or cuff blanks, cited... 446 504,132. Means for transmitting power from car axles to dynamos, cited...

........

gines and dynamos, cited 507 508,637. Armature cores, held void

368,265. Electro mechanical brake, cited

507

374,C09. Glove fastener, cited..... 181

for lack of invention, and insufficiency of description

507

.229, 230

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By guarantor, see “Guaranty,” § 3.

Of insurance premiums, see "Insurance," § 1.

Of price of land sold, see "Vendor and Purchaser," § 2.

1. Recovery of payments.

507

507

A consignee of a shipment of fruit, which, after the same was delivered to it and with full knowledge of the facts, paid without objection the charges of the carrier, including a charge for icing in transit, in addition to the published tariff rate for carriage, cannot thereafter maintain an action to recover back the amount of such icing charge, on the ground that it was illegally exacted.

-Knudson-Ferguson Fruit Co. v. Chicago, St. P., M. & O. Ry. Co., 149
Fed. 973..
......79 C. C. A. 483

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Operation of street railroads, see "Street Railroads," § 1.

See "Seamen."

Particular classes of persons injured.

Employé, see "Master and Servant," § 1.

Passenger, see "Carriers," § 3.

Passenger on vessel, see "Shipping," § 1.

79 C.C.A.-38

PETITION.

In judicial proceedings.

See "Removal of Causes," § 2.

In bankruptcy, see "Bankruptcy," § 1.

To revise in bankruptcy proceedings, see "Bankruptcy," § 8.

See "Wharves."

PIERS.

PLEA.

In criminal prosecutions, see "Criminal Law," § 2.

PLEADING.

In particular actions or proceedings.

See "Admiralty," § 1; "Bankruptcy," § 1; "Equity," § 1; "Injunction," § 3. For infringement of patent, see "Patents," § 4.

For personal injuries, see "Master and Servant," § 2.

For price of land, see “Vendor and Purchaser," § 4.

For relief against fraud in sale of public land, see "Public Lands," § 1. Indictment or criminal information or complaint, see "Indictment and Infor mation."

Petition to revise in bankruptcy, see "Bankruptcy," § 8.

Pleas in criminal prosecutions, see "Criminal Law," § 2.

To foreclose mortgage, see "Mortgages," § 1.

Review of decisions and pleading in appellate courts.

Finality of rulings on for purpose of review, see "Appeal and Error," § 1.
Objections for purpose of review, see "Appeal and Error," § 2.

PLEDGES.

Recovery of pledge from trustee in bankruptcy, see "Bankruptcy," § 2.

Of insurance, see "Insurance."

POLICY.

PRACTICE.

Adoption by United States courts of practice of state courts, see "Courts," § 1. In patent office, see "Patents," § 3.

Procedure of particular courts, see "Courts."

In particular civil actions or proceedings.

Cond nation proceedings, see "Eminent Domain," § 1.

Particular proceedings in actions.

See "Evidence"; "Judgment"; "Jury"; "Removal of Causes"; "Trial."
Verdict, see "Trial," § 3.

See "Injunction."

Particular remedies in or incident to actions.

See "Criminal Law."

Procedure in criminal prosecutions.

Procedure in exercise of special or limited jurisdiction.

In admiralty, see "Admiralty"; "Collision," § 3; "Salvage," § 3.
In bankruptcy, see "Bankruptcy," § 1.

In equity, see "Equity."

Procedure on review.

See "Appeal and Error"; "Exceptions, Bill of."

PREJUDICE.

Ground for reversal in civil actions, see "Appeal and Error," § 7.

See "Injunction," § 4

PRELIMINARY INJUNCTION.

PREMIUMS.

Insurance premiums, see "Insurance," § 1.

PRESUMPTIONS.

In civil actions, see "Evidence," § 1.

PRINCIPAL AND AGENT.

Agency of partner for firm, see "Partnership," § 1.
Insurance agents, see "Insurance," § 1.

§ 1. Mutual rights, duties, and liabilities.

Where, in an action for services under an alleged express contract to pay 10 per cent. of the price of certain sales of machinery made by plaintiff, defendant denied the contract as alleged, and averred that the agreement provided for a much smaller compensation, evidence as to the reasonable value of plaintiff's services was admissible as bearing on the question as to which agreement was made.

-Standard Plunger Elevator Co. v. Brumley, 149 Fed. 184....
79 C. C. A. 132

Where, in an action for agents' commissions on sales of machinery, the oral contract sued on did not provide as to the time when the amounts claimed should be payable, evidence as to the time usually fixed for the payment of similar commissions was admissible.

-Standard Plunger Elevator Co. v. Brumley, 149 Fed. 184.....
79 C. C. A. 132

Where, in an action for agents' services in the sale of certain machinery, plaintiffs claimed for additional services rendered to defendants in the performance of certain contracts outside their general oral contract of agency, whether such extra services were incident to such contract or whether they were independent thereof was for the jury.

-Standard Plunger Elevator Co. v. Brumley, 149 Fed. 184......
79 C. C. A. 132

See "Guaranty."

PRINCIPAL AND SURETY.

PRIORITIES.

Between claims against bankrupt estate, see "Bankruptcy," § 6.

PRIVILEGE.

Of witness as to testimony, see "Witnesses," § 1.

PRIVILEGED COMMUNICATIONS.

Defamatory communications, see "Libel and Slander," § 1.

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See "Mines and Minerals"; "Shipping"; "Trade-Marks and Trade-Names."

Remedies involving or affecting property.

Protection of rights of property by injunction, see "Injunction," § 2.

Transfers and other matters affecting title.

Taking for public use, see "Eminent Domain."

PROXIMATE CAUSE.

Direct or remote consequences of injury, see "Damages," § 1.

PUBLICATION.

Of libel, see "Libel and Slander," §§ 1, 2.

PUBLIC LANDS.

Mineral lands, see "Mines and Minerals." § 1.

§ 1. Survey and disposal of lands of United States.

Under Act Cong. March 3, 1891, c. 561, 26 Stat. 1099 [U. S. Comp. St. 1901, p. 1467], providing for the disposition of town site lots in Alaska, and authorizing the trial of conflicting claims before the trustee on notice with an appeal to the Commissioner of the General Land Office, and from his

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