as many days before the hearing as required by the rules of court in case -Bernard v. Abel, 156 Fed. 649; In re Bernard, Id...84 C. C. A. 361 2. Equitable relief. A bill to impeach a decree for fraud, the relief sought being an injunc- -Dowagiac Mfg. Co. v. McSherry Mfg. Co., 155 Fed. 524... 3. Merger and bar of causes of action and defenses. 84 C. C. A. 38 A final decree of a state court in a suit brought for the cancellation -Stewart v. Board of Trustees of Park College, 156 Fed. 773... JUDICIAL NOTICE. In criminal prosecutions, see "Criminal Law," § 5. JURISDICTION. Of actions for divorce, see "Divorce," § 1. Of criminal prosecutions, see "Criminal Law," § 1. Of particular courts, see "Bankruptcy," §§ 2, 3; "Courts." JURY. Custody and conduct, see "Trial," § 3. Disqualification or misconduct ground for new trial, see "New Trial," § 1. Instructions in criminal prosecutions, see "Criminal Law," § 11. Questions for jury in criminal prosecutions, see "Criminal Law." § 10. KNOWLEDGE. By servants of defects, see "Master and Servant," § 3. Effect of ignorance of cause of action on limitation, see “Limitation of Ac- LACHES. Affecting right to an accounting as to profits in suit to restrain unfair com- Effect in equity, see "Equity," § 2. LANDLORD AND TENANT. Mining leases, see "Mines and Minerals," § 2. Possession of tenant for landlord, see "Adverse Possession," §§ 1, 2. Relevancy of evidence in action against lessee of theater, see "Evidence," § 2. § 1. Terms for years. A lease to commence in futuro is grantable, and the fact that a lease -Johnston v. Corson Gold Min. Co., 157 Fed. 145....84 C. C. A. 593 § 2. Premises, and enjoyment and use thereof. Defendants were the owners of a building consisting of several floors Testimony of accomplices and codefendants, see "Criminal Law," § 9. § 1. Prosecution and punishment. A verdict of conviction in a prosecution for larceny held not supported -Mickle v. United States, 157 Fed. 229... .84 C. C. A. 672 See "Landlord and Tenant." LEASES. LETTERS PATENT. For inventions, see "Patents." LICENSES. For mining, see "Mines and Minerals," § 2. LIENS. Effect of proceedings in bankruptcy, see “Bankruptcy,” § 2. Limitation of criminal prosecutions, see "Criminal Law," § 2. § 1. Computation of period of limitation. The statute of limitations begins to run from the time a right of ac- -Aachen & Munich Fire Ins. Co. v. Morton, 156 Fed. 654..... 84 C. C. A. 366 An insurance company undertook to cancel a policy in accordance with -Aachen & Munich Fire Ins. Co. v. Morton, 156 Fed. 654...... 84 C. C. A. 366 The statute of Colorado (section 2911, Mills' Ann. St.), which requires -Redd v. Brun, 157 Fed. 190... § 2. Pleading, evidence, trial, and review. ..84 C. C. A. 638 Under the common-law practice in force in Illinois, the question of limi- -Gray v. Grand Trunk Western Ry. Co., 156 Fed. 736. .84 C. C. A. 392 See "Copyrights." LITERARY PROPERTY. The common law gives the author of a painting the exclusive right to lication such right is lost, and he can only acquire the right to further -Caliga v. Inter Ocean Newspaper Co., 157 Fed. 186. .84 C. C. A. 634 LOCATION. Of mining claim, see "Mines and Minerals," § 1. LOGS AND LOGGING. Waste in removal of timber, see "Waste." A provision, in a contract for the sale and delivery of logs to be scaled -Noyes v. Marlott, 156 Fed. 753....... ..84 C. C. A. 409 Plaintiffs entered into a contract with defendant to fell, cut, raft, drive, -Noyes v. Marlott, 156 Fed. 753.. LOOKOUT. On vessels, see "Collision," § 2. LOTTERIES. Use of mails in conducting lottery schemes, see "Post Office," § 1. See "Logs and Logging." LUMBER. MACHINERY. Liability of employer for defects, see "Master and Servant," § 3. MANDAMUS. Power of circuit court of appeals to interfere by mandamus to circuit court, § 1. Subjects and purposes of relief. Mandamus will lie to control the action of an inferior court when it diction of a case and proceed to judgment therein when it is its duty to do so, and there is no other adequate remedy, but not to control its action in a matter which is within its jurisdiction to hear and determine. -Dowagiac Mfg. Co. v. McSherry Mfg. Co., 155 Fed. 524..... MANDATE. 84 C. C. A. 38 See "Mandamus.” MARINE INSURANCE. See "Insurance," § 2. MARRIAGE. See "Divorce"; "Husband and Wife." MARRIED WOMEN. See "Husband and Wife." MASTER AND SERVANT. Construction of instructions in action for injuries to servant, see "Trial," § 2. Evidence of damages in action for injuries to servant, see "Damages," § 1. 1. The relation. A verbal contract between the owner of a vessel and a marine engineer for the services of the latter, in which his wages were fixed at a stated sum per month, but without any specified term of employment, constituted a hiring at will, and not by the month, and in the absence of any established usage to the contrary, either party had the right to terminate the employment at any time without notice, and upon the employé's discharge, he was entitled to wages only to the time of such discharge. -The Pokanoket, 156 Fed. 241... .84 C. C. A. 49 12. Master's liability for injuries to servant-Fellow servants. * * * The fact that a foreman having charge of a gang of men works with his hands, the same as the rest of the men, for the greater part of the time, or even all of the time, does not necessarily exclude him from being one "whose principal duty is that of superintendence," within the meaning of the Massachusetts employers' liability act (Rev. Laws, c. 106, §§ 71-79), for whose negligence, causing an injury to another employé, the master is liable. -New England Telephone & Telegraph Co. v. Butler, 156 Fed. 321... 84 C. C. A. 217 A ground foreman in mining operations conducted under a general superintendent or manager is a fellow servant with the gang of miners whose work he directs. -United Zinc Companies v. Wright, 156 Fed. 571.....84 C. C. A. 337 The fact that a foreman in charge of a single job of work being done by defendant corporation, who worked with the men under him, had the power to hire and discharge them and to direct their movements in that particular work, did not erect that single job into a department of defendant's business so as to make the foreman a vice principal, but he remained a fellow servant with the men under him, and for his negligence resulting in an injury to one of such men defendant cannot be held liable. -Vilter Mfg. Co. v. Otte, 157 Fed. 230.... ...84 C. C. A. 673 |