INDEX. ABATEMENT. Of nuisance, see "Nuisance," § 1. ABUTTING OWNERS. Rights in streets in cities, see "Municipal Cor- ACCORD AND SATISFACTION. See "Release." ACCOUNT. Accounting by trustee in bankruptcy, see § 1. Proceedings and relief. A federal court of equity has jurisdiction ACKNOWLEDGMENT. Operation and effect of admissions as evidence, Operation and effect of admissions as ground ACTION. Jurisdiction of courts, see "Courts." Restraining action at law, see "Injunction," § 1. Actions between parties in particular relations. Stockholder and officer, see "Corporations," Actions by or against particular classes of See "Carriers," §§ 2, 3; "Corporations," § 4. Particular causes or grounds of action. See "Collision," § 8; "Death," § 1; "Insur Breach of contract, see "Contracts," & 4. Infringement of patent, see "Patents," § 4. Particular forms of action. Particular proceedings in actions. Default, see "Judgment," § 1. Particular remedies in or incident to actions. See "Attachment"; "Garnishment"; "Injunc- Proceedings in exercise of special jurisdictions. Suits in equity, see "Equity." ADEQUATE REMEDY AT LAW. Trustees in bankruptcy, see "Bankruptcy," & Effect on jurisdiction of equity, see "Equity," In particular proceedings. For mechanics' liens, see "Mechanics' Liens," AGREEMENT. 1. Remedies in personam and in rem. Admiralty will not take jurisdiction of a mere legal or statutory set-off, without any specific equity in the res or fund in controversy to recommend it.-American Steel Barge See "Contracts." Co. v. Chesapeake & O. Coal Agency Co. (C. C. A.) 857. A contract by a tug to perform a towage AIDER BY VERDICT. service held to be wholly executory, so that a In criminal prosecutions, see "Indictment and suit in rem against the tug for breach of the contract could not be maintained.-The Francesco (D. C.) 83; The F. W. Munn, Id. One having a right of action in rem against a foreign ship for an injury is not chargeable with laches where he causes her to be libeled on her second visit to the port after the injury. The Slingsby (D. C.) 227. § 2. Pleading, petitions, and motions. An answer in admiralty denying negligence, as alleged in the libel, and propounding interrogatories to the libelant, as authorized by admiralty rule 32, held improperly disre-§ garded as sham and frivolous.-The Oregon (C. C. A.) 482. Exceptions to an answer in admiralty will be overruled when they strike only at errors of form or style, or where, if not so construed, they involve the entire controversy, which the court cannot properly determine without evidence.-New Haven Towing Co. v. City and Town of New Haven (D. C.) 762; Castle v. Same, Id. § 3. Costs. No sum can be taxed as disbursements for a surety company bond to release a vessel from custody in favor of the prevailing claimant, where no disbursement was actually made on account of such bond.-The Robert Dollar (D. C.) 79. ADMISSIONS. Information," § 3. ALGERIA. Customs duties on imports, see "Customs Duties," § 1. See "Indians." ALIENS. Removal of suits by or against aliens to United States court, see "Removal of Causes," § 1. 1. Exclusion or expulsion. Undisputed testimony of a white witness held not such as to require reversal of a judgment for deportation of a Chinese laborer found without a certificate of registration provided for by Act May 5, 1892, § 6, unless he establish to the satisfaction of the court, by a credible white witness, that he was a resident of the United States at the date of the act.—Quong Sue v. United States (C. C. A.) 316. Evidence held not to warrant a disturbance of a judgment of deportation of a Chinese laborer.-Yee N'Goy v. United States (C. C. A.) 333. Under facts disclosed, held that Chinamen should be deported to China, rather than to British Columbia.-United States v. Lee Kee (C. C. A.) 612. In proceedings for the deportation of a Chinese woman, a finding that she was not born ed evidence that she was born therein, such As evidence in criminal prosecutions, see "Crim- in the United States, against her uncontradictinal Law," § 2. evidence being inconsistent, and there being evi-|-Highland Boy Gold Min. Co. v. Strickley (C. dence tending to impeach her testimony, should C. A.) 852. not be set aside.-Lee Ah Yin v. United States (C. C. A.) 614. The term "Chinese laborers," as used in Act Cong. May 5, 1892, entitled "An act to prohibit the coming of Chinese persons into the United States," and Act Nov. 3, 1893, amendatory thereof, includes a Chinese prostitute.-Lee Ah Yin v. United States (C. C. A.) 614. Act Cong. Nov. 3, 1893, amending Act May 5, 1892, to prohibit the coming of Chinese persons into the United States, by specifying in section 2 certain classes which were included in the term "laborers," did not limit the meaning of such word, so as to exclude any that were included thereunder in the treaty of 1880 (22 Stat. 826).-Lee Ah Yin v. United States (C. C. A.) 614. A Chinese woman, who lawfully entered the United States before the enactment of the exclusion laws, and lawfully remained until after their passage, and was thereafter legally married to a citizen of the United States, cannot be arrested and deported for failure to procure the certificate of residence required by the amendatory act of November 3, 1893, which was passed prior to her marriage.-Tsoi Sim v. United States (C. C. A.) 920. AMENDMENT. Of particular legal proceedings. See "Pleading." § 1. § 2. Decisions reviewable. An order or decree dismissing defendants who are charged to be jointly liable with other defendants in the suit is not a final decision, nor appealable.-Carmichael v. City of Texarkana, Ark. (C. C. A.) 845. § 3. Presentation and reservation in lower court of grounds of review. The correctness of instructions cannot be reviewed on appeal by the circuit court of appeals unless proper exceptions thereto were tak en in the trial court.-American Cotton Co. v. Beasley (C. C. A.) 256. Where defendant did not ask the direction of a verdict, the circuit court of appeals cannot review a judgment for plaintiff on the ground that the verdict is not supported by the evidence.-Kansas City S. Ry. Co. v. Billingslea (C. C. A.) 335. On appeal in equity in the federal courts. unless an exception appears in the record, based on an objection to the admission of evidence, such evidence is considered as having been admitted by consent, and it cannot be excluded from consideration by the appellate court.White v. Wansey (C. C. A.) 345. § 4. Requisites and proceedings transfer of cause. for It is not necessary that a writ of error be allowed by a judge.-Alaska United Gold Min. Co. v. Keating (C. C. A.) 561. Under Rev. St. § 1005, a mistake in the teste Bankruptcy proceedings, see "Bankruptcy," 88 of a writ of error as to the date, and the omis3, 4. sion of the seal of the court therefrom, may be corrected. Alaska United Gold Min. Co. v. Keating (C. C. A.) 561. General denunciation of the land department in a brief filed in court is outside the limits of proper argument and will be stricken out by the court.-United States v. Peuschel (D. C.) 649. 87. Dismissal, withdrawal, or abandonment. Under Rev. St. §§ 954, 1005, and 26 Stat. 826, 829, § 11, a writ of error should not be dismissed for failure to file a formal petition therefor, as prescribed by circuit court of appeals rule 11.-Alaska United Gold Min. Co. v. Keating (C. C. A.) 561. 8. Review. In a direct attack on a judgment of a federal court by writ of error or appeal, the record must affirmatively show the jurisdiction of the court which rendered it; but on a collateral attack the jurisdiction is presumed.-Watson v. Bonfils (C. C. A.) 157. An appeal from an interlocutory order appointing a receiver brings before the appellate court the question of the equity of the bill on which such order is based, and such court is bound to take the question into consideration, whether or not it was raised in the court below; and, if the bill is found to be without equity, it has power to enter or direct a final decree of dismissal.-Cabaniss v. Reco Min. Co. (C. C. A.) 318. Of receiver for corporation, see "Corporations," APPRAISAL. of merchandise subject to duty, see "Customs Duties," § 3. ARMY AND NAVY. The army regulations are mandatory, and are intended to govern the conduct of the army and all work done under the superintendence of its officers wherever assigned to duty.Moses v. United States (D. C.) 526. Contributory negligence is a matter of defense; and, where the question has been submitted to the jury under proper instructions, their finding thereon cannot be reviewed on a writ of error.-Kansas City S. Ry. Co. v. Bil-providing that eight hours shall constitute a lingslea (C. C. A.) 335. A finding of the trial court as a matter of fact, upon evidence substantially conflicting upon all points, that one of two vessels was solely in fault for a collision between them, will not be disturbed by the appellate court. -Gaffner v. Pigott (C. C. A.) 486. On appeal in an equity suit tried by a referee, who reports the evidence as well as his findings to the court, the appellate court should not reverse the cause merely because the referee admitted incompetent or irrelevant evidence, or excluded evidence which was admissible, where upon all the facts it is clear that such action did not affect the result.Engelstad v. Dufresne (C. C. A.) 582. 9. Determination and disposition of cause. Where through mistake the requisite averments as to citizenship of one of the parties were not made, the appellate court may reverse, with leave to permit amendments to show jurisdiction.-Watson v. Bonfils (C. C. A.) 157. On appeal from an interlocutory order granting or continuing an injunction, the appellate court may direct dismissal of the bill, where it is found to be without equity to support it.Worth Mfg. Co. v. Bingham (C. C. A.) 785. Where, in an action against two for libel, under an erroneous instruction, a joint judgment was recovered for compensatory damages and a separate judgment against one for punitive damages, and there was no exception to such charge, or motion in arrest, and the separate judgment was remitted, the joint judgment should not be reversed for such error.Cunningham v. Underwood (C. C. A.) 803. APPLIANCES. Article 62, par. 812, of the army regulations, day's work for all mechanics and laborers, is an implied condition of every contract for such work made by an army officer on behalf of the government; and, where an employé is required by the officer in charge to work more hours in a day, he is entitled to recover for the extra time.-Moses v. United States (D. C.) 526. A contract for the employment of a carpenter to work on army buildings in Alaska construed and held to terminate by its terms on completion of the buildings.-Moses v. United States (D. C.) 526. ances.' In bankruptcy, see "Bankruptcy," § 7. ASSIGNMENTS FOR BENEFIT OF Liability of employer for defects, see "Master See "Bankruptcy," §§ 6-12. APPOINTMENT. 1. Construction and operation in general. A general assignment for the benefit of credOf executor or administrator, see "Executors itors under the laws of Missouri and under the and Administrators," § 1. Of receiver, see "Receivers," § 1. common law conveys nothing that the assignor has transferred by conveyances good against |