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EVIDENCE-Cont'd.
Irregularities in taking or return of

depositions as ground for exclusion as

evidence. 73 Č. C. A. 608. Expert testimony as to value of serv

ices. 74 C. C. A. 257. Admissibility, on trial of joint indict

ments, of acts and declarations of conspirators and codefendants after accomplishment of object. 74 C. C. A. 472. Inferences from evidence as dependent

on sufficiency and degree of proof.

74 C. C. A. 561. Evidence of emancipation of child. 7.5

C. C. A. 393.
Photographs as evidence in civil ac-

tions. 78 C. C. A. 145. Weight and sufficiency of evidence of

willful burning by insured as a defence to action on policy. 79 C. C.

A. 455. Persons against whom production and

inspection of books or writings may

be obtained. 81 C. C. A. 96. Admissibility of written instruments in

criminal prosecutions as dependent on preliminary proof. 82 C. C. A. 8. Application of doctrine of res ipsa loquitur in actions for injuries to

servants. 82 C. C. A. 121. EXCEPTIONS, BILL OF. Time of filing-When regulated by

state practice. 5 C. C. A. 594. Exclusion of evidence from. 14 C. C.

A. 248. EXCHANGES. Membership in stock exchange as an

asset in bankruptcy. 43 C. C. A.

389. Quotations of prices and transactions

on exchanges. 61 C. C. A. 2. EXECUTIVE DEPARTMENTS.

Regulations of. 26 C. C. A. 239. EXECUTORS AND ADMINISTRA

TORS. Citizenship as affecting the jurisdiction

of the federal courts. 10 C. C. A.

252. Probate jurisdiction of federal courts.

FEDERAL COURTS-Cont'd. Jurisdiction as affected by state laws.

1 C. C. A. 513. Jurisdiction of circuit court of appeals

to review interlocutory decrees in patent cases. 3 C. C. A. 572; 27 C. C.

A. 189; 32 C. C. A. 484. Conformity of practice in common-law

actions to that of state court. 5 C.

C. A. 594; 27 C. C. A. 392. Jurisdiction over corporations. 6 C. C.

A. 174. State laws as rules of decision in fed

eral courts. 11 C. C. A. 71; 29 C.

C. A. 553. Diverse citizenship as a ground of fed

eral jurisdiction. 10 C. C. A. 249;

27 C. C. A. 298. Jurisdiction in cases involving federal

question. 11 C. C. A. 308; 35 C. 0.

A. 7. Jurisdiction and judgments of Indian

courts, 11 C. C. A. 468. Federal jurisdiction of suits against

state. 13 C. C. A. 16). Orders, decrees, and judgments review

Able in circuit court of appeals. 13

C. C. A. 374. Jurisdiction as affected by possession

of the subject-matter. 15 C. C. A. 6. Enjoining proceedings in state courts.

16 C. C. A. 90; 27 C. C. A. 575; 63 C. C. A. 437. Lack of jurisdiction of United States

circuit court. 16 C. C. A. 507. Removal of causes-Separable contro

versy. 18 C. C. A. S0; 35 C. C. A.

155. Jurisdiction in admiralty as to matters.

of contract. 18 C. C. A. 347; 27 C. C. A. 330. Jurisdiction of circuit courts as deter

mined by the amount in controversy.

19 C. C. A. 75; 36 C. C. A. 459. Jurisdiction in admiralty to enforce

liens created by state laws. 21 C. C.

A. 21. Conclusiveness of judgment between

36 C. Č. A. 276. Construction and operation of convey

ances of real property and interests therein by executor or administrator.

74 C. C. A. 382. EXTINGUISHMENT.

Of maritime liens. 17 C. C. A. 102.
EXTRADITION.
Scope of review on habeas corpus to

procure release of person sought to be

extradited. 62 C. C. A. 506. Fugitives from justice under extradi

tion laws. 03 C. C. A. 104. FEDERAL COURTS. Jurisdiction of circuit courts of appeals

in general. 1 C. C. A. 6; 32 C. C. A. 475.

federal and state courts. 21 C. C.

A. 478; 49 C. C. A. 468.
Conflict of jurisdiction with state

courts. 22 C. C. A. 356.
Jurisdiction in mortgage foreclosure.

24 C. C. A. 523.
Jurisdiction on habeas corpus. 25 C.

C. A. 4.
Mandamus to enforce payment of judg-

ment against municipality. 25 C. C.

A. 475.
Suits by and against receivers of. 26

C. C. A. 49.
Jury trial-Province of court and jury..

26 C. C. A. 528.
Supplementary and ancillary proceed-

ings and relief. 36 C. C. A. 195. Probate jurisdiction. 36 C. C. A. 276. Admiralty jurisdiction of suits between

foreigners. 37 C. C. A. 193. Enjoining proceedings in federal

courts. 45 C. C. A. 591.

FEDERAL COURTS-Cont'd.

FORMER JEOPARDY.
Pendency of action in state or federal Discontinuance, nolle prosequi, or dis-

court as ground for abatement of missal as bar to subsequent prosecu-
action in the other. 47 C. C. A. 205 ; tion. 68 C. C. A. 4.

73 C. C. A. 521.
Review of jurisdiction of circuit courts.

FRANCHISES.
48 C. C. A. 351.

As assets in bankruptcy. 43 C. C. A.
Waiver of right as to district in which

389.
suit may be brought. 52 C. C. A.

FRAUD.
192.

In use of trade-marks and trade-names.
Procedure of federal courts and adop-

17 C. C. A. 579, 657; 20 C. C. A.
tion of state practice as to taking

165; 30 C. C. A. 380.
proof. 71 C. C. A. 110.

Nonmailable matter. 30 C. C. A. 86.
Legal and equitable remedies and pro-

Liabilities of corporations. 39 C. C.
ceedings on removal from state court.

A. 16.
75 C. C. A. 4.
Fraudulent joinder of parties to pre- FRAUDS, STATUTE OF.
vent removal of cause to federal

Sufficiency of expression of considera-
court. 78 C. C. A. 362.

tion in memorandum within statute.
Jurisdiction of federal courts to en- 46 C. C. A. 183.

force or remove liens or incunabran-
ces on property of parties not in- GARNISHMENT.
habitants of nor found in district of Following state practice. 5 C. C. A.
suit. 80 C. C. A. 7.

606; 27 C. C. A. 393.

Of receivers. 26 C. C. A. 49.
FEDERAL QUESTIONS.

Nature of rights acquired by garnish-
As conferring jurisdiction on United ment proceedings. 76 C. C. A. 270.

States courts. 11 C. C. A. 308; 35
C. C. A. 7.

GENERAL AVERAGE.

Marine insurance. 20 C. C. A. 357.
FEES.
Imposition of extra allowance of costs, GIFTS.
or fees as denial of equal protection

Revocation of gifts causa mortis. 54
of law. 72 C. C. A. 547.

C. C. A. 143.
FELLOW SERVANTS.

GRAND JURY.
Who are. 8 C. C. A. 668; 31 C. C. A.

Review by trial court, of evidence

given before grand jury. 69 C. C.
286.

A. 488.
Concurrent negligence of master and
fellow servant. 40 C. C. A. 236.

GUARANTY.
FERRIES.

Discharge of guarantor by discharge

of principal without payment or sat-
As carriers. 20 C. C. A. 536.

isfaction. 78 C. C. A. 266.
FIDELITY INSURANCE. 19 C. C. A. GUARANTY INSURANCE. 19 C. C.
273,

A. 271.
FIRES.

GUARDIAN AND WARD.
As a peril of the sea. 19 C. C. A. 472.

Citizenship as affecting the jurisdiction
Presumption of negligence fro rail.

of the federal courts. 10 C. C. A,
road tires. 41 C. C. A. 370.

253; 27 C. C. A. 300.
Fire escapes on buildings. 64 C. C.
A. 217.

HABEAS CORPUS.
What constitutes loss by fire under in- Jurisdiction of federal courts. 25 C.
surance policy. 72 C. C. A. 3.

C. A. 4.

Scope of review on habeas corpus to
FORECLOSURE.

procure release of persons sought to
In federal courts. 24 C. C. A. 523.

be extradited. 62 C. C. A. 506.
Distribution of proceeds. 29 C. C. A.
639.

HEALTH.

Inspection, quarantine, and sanitary
FOREIGN CORPORATIONS.
Status under the rule of comity. 7 C.

regulations interfering with inter-

state commerce. 59 C. C. A. 191.
C. A. 419.
Dissolution. 7 C. C. A. 421.

HOMESTEAD.
Exclusion-Regulation and taxation. Rights acquired by honestead settle-
24 C. C. A. 13.

ments and entries on public lands.
What constitutes "doing business" in 59 C. C. A. 434.

state. 33 C. C. A. 585; 72 C. C. A.
622.

HOSPITALS.
Service of process. 45 C. C. A. 3; 78 Liability for negligence. 47 C. C. A.
C. C. A. 473.

134.
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HUSBAND AND WIFE.

INJUNCTION-Cont'd. Liability of husband for negligence and Grounds for denial of preliminary in. torts of wife. 12 C. C. A. 196.

junctions in patent infringement
Paraphernal property. 31 C. C. A. 40. suits. 72 C. C. A. 123.
Separation agreements. 38 0. 0. A.
608.

INJURIOUS NOTICES.
Citizenship of married women. 65 C. Nonmailable matter. 30 C. C. A. 93.

C. A. 5.
Rights of action between. 79 C. C. INNKEEPERS.
A. 306.

Fire escapes on buildings. 64 C. C. A.

217. IMPLICATION.

Liabilities for personal injuries to
Repeal of statutes by implication. 38 guests. 66 C. C. A. 483.
C. C. A. 136.

INSANE PERSONS.
IMPROVEMENTS.

Contracts of persons

compos Rights of co-tenant as to improvements mentis under guardianship. 33 C. made under mistaken belief of per

C. A. 264. fect title. 69 C. C. A, 19.

Effect of insanity on the question of

suicide in insurance suits. 16 C. C. INDEBTEDNESS.

A. 623; 28 C. C. A, 284. Constitutional and statutory limitations

INSOLVENCY. of municipal indebtedness. 36 C. C. A. 6.

Effect of national bankruptcy act on

state insolvency laws and on assignINDEPENDENT CONTRACTORS.

ments for benefit of creditors. 51 C.

C. A. 11. Negligence of employés. 28 C. C. A. 392.

Right to proceeds of collection on in

solvency of collecting bank. 69 C. INDIANS.

C. A. 333. Jurisdiction and judgments of Indian

INSPECTION. courts. 11 C. C. A. 468. Citizenship of. 27 C. C. A. 298.

Of public records. 49 C. C. A. 210.

Inspection, quarantine, and sanitary INDICTMENT AND INFORMATION.

regulations interfering with inter

state commerce. Consolidation of and trial of indict

59 C. C. A. 191. ments together. 69 C. C. A. 287.

Duty of servant to inspect appliances

and places for work. 65 C. C. A.

370. INFANTS. Imputed negligence. 34 C. C. A. 4.

INSURANCE. Age as affecting contributory negli- Accident insurance-Risks and causes gence. 37 C. C. A. 302.

of loss. 38 C. C. A. 3.
Implied emancipation of child. 71 C. Conditions in policy as to time for

C. A. 629.
Evidence of emancipation of child. 75

bringing suit. 2 C. C. A. 473; 35

C. C. A. 401. C. C. A. 393.

Conditions of policy-Arbitration. 9

C. C. A. 628; 39 C. C. A. 389. INJUNCTION.

Authority of insurance agent to waive Restraining proceedings in state

prepayment of premiums. 13 C. C. courts. 16 C. C. A. 90; 27 O. C. A. 292. A. 575; 63 C. C. A. 437.

Suicide as a defense to a life policy. Jurisdiction of circuit court of ap- 16 C. C. A. 623; 28 C. C. A. 281.

peals to review interlocutory decrees. Credit insurance. 19 C. C. A. 271 ; 34 32 C. C. A, 481.

C. C. A. 165. Restraining pollution of water courses. Guaranty insurance, 19 C. C. A. 271. 37 C. C. A. 541.

Fidelity insurance. 19 C. C. A. 273. Right of taxpayer to enjoin misuse of

Title insurance. 19 C. C. A. 278. public funds and property. 38 C. C. Marine insurance-Perils of the sea. A. 458.

19 C. C. A. 165. Restraining proceedings in federal

Jarine insurance-General average. courts. 45 C. C. A. 591.

20 C. C. A. 3.37. Restraining criminal proceedings. 51 Waiver of condition against other inC. C. A. 133.

surance. 27 C. C. A. 46. Restraining breach of contract of em- Divisibility of contracts. 30 C. C. A.

ployé not to engage in competing 474. business. 53 C. C. A. 492.

Waiver by acceptance of premiums. Persons entitled to restrain wrongful 33 C. C. A. 369.

enforcement of tax. 54 C. C. A. J.30. What constitutes an insurable interRestraining enforcement of judgment est in human life. 39 C. C. A. 632.

pending establishment or enforcement Change of beneficiary. 40 C. C. A. 4. of set-off or counterclaim. 58 C. C. Commencement of risk. 41 C. C. A. A. 532.

273.

61

INSURANCE-Cont'd.

JUDGMENT-Cont'd. What law governs policies. 46 C. C. Conclusiveness and effect of judgments A. 287 ; 83 C. C. A. 100.

as between courts of law and equity. Authority of insurance agents as to 50 C. C. A. 463.

acceptance of risks. 49 C. C. A. Effect of judgment against corpora335.

tion in action to enforce stockholdLiability for injuries sustained by as- er's liability. 52 C. O. A. 305.

sured while engaged in occupation Restraining enforcement of judgment not covered by policy. 51 C. C. A. pending establishment or enforcement 434.

of set-off or counterclaim. 58 C. C. Time for notice of loss. 55 C. O. A. A. 532. 376.

Power of court to amend or inodify inNotice of premiums, dues, and assess- terlocutory orders and decrees. ments. 59 C. 0. Á. 317.

C. C. A. 236. Mutual benefit insurance contracts as Authority of attorney after judgment.

affected by subsequent provisions and 67 C. C. A. 130. amendments of charter, constitution, Satisfaction of one or more judgments or by-laws. 63 C. C. A. 285.

for same cause of action. 67 C. C. Subrogation of insurer under assign- A. 322.

ment of rights of insured. 65 C. C. Operation and effect of decision in A. 615.

equitable suit for infringement of What constitutes loss by fire under in- patent. 68 C. C. A. 541. surance policy. 72 C. C. A. 3.

Judgment against one defendant sued Weight and sufficiency of evidence of jointly for conspiracy. 80 C. C. A. willful burning by insured as a de

245. fense to action on policy. 79 C. C. Deficiency judgments and personal liaA. 455.

bility on foreclosure of vendors' liens. Accounting for profits, dividends or 82 C. C. A. 488.

surplus of mutual insurance company
at instance of policy holders or stock- JUDICIAL SALES.
holders. 81 C. C. A. 4.

On Sunday. 12 C. C. A. 462.

Contracts restraining competition in INTENT.

bidding. 28 C. C. A. 192. As an element in offer and acceptance of proposition. 16 C. C. A. 199.

JURISDICTION.

Or federal courts. See "Federal INTERNATIONAL LAW.

Courts." Effect of acquisition of territory by

Of circuit court of appeals. 1 C. C. A.

6; 32 C. C. A. 475. United States on laws and property

Of supreme court. 1 C. C. A. 9, 11. rights therein. 80 C. C. A. 457.

Diverse citizenship as ground of federal

jurisdiction. 10 C. C. A. 219; 27 C. INTERSTATE COMMERCE.

C. A. 298. Taxation of by state. 8 C. C. A. 492.

Federal question as ground of jurisdicJurisdiction of federal courts of suits

tion. 11 C. C. A. 308; 35 C. C. under interstate commerce act. 11

A. 7. C. C. A. 318.

Of Indian courts. 11 C. C. A. 468. State laws interfering with interstate

As affected by possession of the subjectcommerce. 24 C. C. A. 21.

matter. 15 C. C. A. 6. Inspection, quarantine, and sanitary

Removal of causes-Separable controregulations interfering with inter

versy. 18 C. C. A. 80; 35 0. C. A. state commerce, 59 C. C. A. 191.

155. JUDGMENT.

Of circuit courts as determined by the

amount in controversy. 19 C. O. A. Method of entering judgment in federal 75: 36 C. C. A. 459.

court-Following state practice. 5 C. Conflict between federal and state C. A, 604.

courts. 22 C. C. A. 256. Of federal courts-Jurisdiction as in

Probate jurisdiction. 36 C. C. A. 276. volving federal question. 11 C. C. A.

Admiralty jurisdiction of suits between 317.

foreigners. 37 C. 0. A. 193. Giving full faith and credit-Jurisdic

Review of jurisdiction of circuit courts. tion of federal courts. 11 C. C. A. 48 C. C. A. 351.

318. Rendition on Sunday. 12 C. C. A. 462. JURY. Finality of judgments for purposes of Right to trial by jury in federal court.

review. 2 C. C. A. 379; 17 C. C. A. 5 C. C. A. 603; 26 C. C. A. 528. 238; 28 C. C. A. 482.

Following state practice. 5 C. C. A. Conclusiveness as between federal and 603; 27 C. C. A. 393.

state courts, 21 C. C. A. 478; 49 Instructing jury and receiving verdict C. C. A. 468.

on Sunday. 12 C. C. A. 402. Enforcement against municipality by Trial by jury in criminal prosecutions. mandamus. 25 C. 0. A. 475.

39 C. C. A. 275.

LACHES.

LITERARY PROPERTY. As a defense in suits for infringement Rights of authors to control of publi

of patents, copyrights, and trade- cation, disposition or use of their marks. 22 C. C. X. 211; 36 C. C. productions independent of statutory A. 613.

copyright. 77 C. C. A. 620. LAND DEPARTMENT.

LOTTERY. Conclusiveness and effect of decisions.

What constitutes. 12 C. C. A. 346. 22 C. C. A. 38; 28 O. C. A. 344;

Nonmailable matter. 30 C. C. A. 90. 57 C. C. A. 207. LANDLORD AND TENANT.

MAIL. Holding over by tenant after expira

Nonmailable matter. 30 C. C. A. 79. tion of term as affecting liability MALICIOUS PROSECUTION. for rent. 71 C. C. A. 513.

Liabilities of corporations. 39 C. C. A. LIBEL AND SLANDER.

14. Evidence of other offenses and publications in mitigation of damages. 40

MANDAMUS. C. C. A. 168.

In aid of appeals. 10 C. C. A. 450. Liabilities of corporations. 39 C. C. A.

To enforce payment of judgment

against municipality. 25 C. C. A. 15.

475. Retraction, apology, or reparation as

Appeal or mandamus. 47 0. C. A. ground for mitigation of damages.

376. 71 C. C. A. 315.

Enforcement of decree of appellate LICENSE.

court by mandamus. 77 C. C. A. Implied rights of licensee of a patent.

409. 25 C. C. A. 280. Rights of licensee on train. 31 C. C. MANUFACTURES. A. 164.

Liabilities of manufacturers of injuriLicenses as assets in bankruptcy. 43

ous substances or defective machinC. C. A. 389.

ery and appliances for injuries to Sublicenses and assignments of licenses

persons other than immediate venfor_lise or sale of patents. 64 C. C.

dees. 57 C. C. A. 5. A. 596.

Contracts for sale of things to be man.

ufactured. 58 C. C. A. 363. LIENS.

Fire escapes on factories. 64 C. C. Maritime liens. 15 C. C. A. 679; 17 A. 217.

C. C. A. 102; 21 C. C. A. 21. Attorneys' liens. 32 C. C. A. 229. MARINE INSURANCE. Maritime liens for torts. 34 C. C. A. Perils of the sea. 19 C. C. A. 465. 565.

General average. 20 C. C. A. 357. Who are entitled to liens or prefer

ences as laborers or employés. 47 MARITIME LIENS. C. C. A. 2.

For supplies and services—PresumpLien of banks on stock. 56 C. C. A. tion as to credit to vessel. 15 C. C. 179.

A. 679. Continuance or revival of mechanics' Waiver and extinguishment. 17 C. C. liens. 71 C. C. A. 17.

A. 102. Persons entitled to liens against rail- Created by state laws. 21 C. C. A. 21.

roads for labor and supplies. 75 C. For torts. 34 C. C. A. 565.

C. A. 274.
Jurisdiction of federal courts to en- MARRIAGE.

force or remove liens or incumbran- Effect of existing marriage on subseces on property of parties not in

quent marriage or contract to marry. habitants of nor found in district 50 C. C. A. 583. of suit. SOC. C. A. 7.

Marriage by mutual agreement. 52 O. LIFE INSURANCE.

C. A. 581. Suicide as a defense. 16 C. C. A. 623; MASTER AND SERVANT. 28 C. C. A. 284.

Who are fellow servants. Waiver by acceptance of premiums.

8 C. C. A. 33 C. C. A. 369.

668: 31 C. C. A. 286.

Liabilities of carriers for injuries causLIMITATION OF ACTIONS.

ed by negligence or torts of servants. Against corporate officers. 53 C. C. 10 C. C. A. 466; 27 C. C. A. 651. A. 7.

Who are independent contractors. 28 Bar of action as determined by limita- C. C. A. 392.

tions of state other than that in Divisibility of contracts for services. which action is brought. 58 C. C. A. 30 C. C. A. 407. 186.

Negligence of both--Division of damCommencement of period of limita- ages in admiralty. 30 C. C. A. 678.

tions against prosecutions for con- Duty of railroad companies to furuish tinuing offenses. 81 C. C. A. 519. safe appliances. 37 C. C. A. 8.

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