United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

SHAREHOLDERS.

SPECIFIC PERFORMANCE_Cont'd. In national banks. 15 C. C. A. 130; Possession and improvements under 46 C. C. A. 503.

parol contract for sale or gift of land

as ground for specific performance. SHIPPING.

81 C. C. A. 276.

Right to specific performance as afQuick dispatch. 14 C. C. A. 657; 21

fected by adequacy of remedy at law. C. C. A. 342.

82 C. C. A. 368. Implied warranty of seaworthiness. 15 O. O. A. 388; 60 C. C. A. 179.

STATE COURTS. See "Removal of Damages to ships and cargoes by ver- Causes."

min. 18 C. C. A. 231; 19 C. C. A. 473.

Proceedings enjoined by federal courts.

16 C. C. A. 90; 27 C. C. A. 575; 63 Admiralty jurisdiction over contracts.

C. C. A. 437. 18 C. C. A. 347; 27 C. C. A. 530. Loss by perils of the sea. 19 C. C. A.

Jurisdiction of state courts to enforce

maritime liens under state laws. 21 405; 64 C. C. A. 118. General average. 20 C. C. A. 357; 84

C. C. A. 21.

Conclusiveness of judgments between C. C. A. 316.

federal and state courts. 21 C. C. Demurrage. 14 C. C. A. 657 ; 21 C. C. A. 337; 46 C. C. A. 4.

A. 478; 49 C. C. A. 468. Carriers by water. 20 C. C. A. 535.

Conflict of jurisdiction with federal

courts. 22 C. C. A. 356. Limitation of owner's liability. 45 C. C. A. 387.

Restraining proceedings in federal

courts, 45 C. C. A. 591. Statutory exemptions of shipowners

Pendency of action in state or federal from liability. 49 C. C. A. 11; 83 C. C. A. 294.

court as ground for abatement of ac

tion in the other. 47 C. C. A. 205; Demise of vessel. 55 C. C. A. 225.

73 C. C. A. 521. Cancellation, surrender, or rescission of charter of vessel. 61 C. C. A. 569.

STATES. Presumptions and burden of proof as to cause of loss or injury to goods

Federal jurisdiction in suit against shipped by vessel, and diligence or

state. 13 C. C. A. 165. negligence of carrier. 68 C. C. A.

Estoppel against. 16 C. C. A. 353. 398. Accommodations to passengers on ves.

STATUTES. sels. 68 C. C. A. 630.

Construction of statutes—State laws Capacity or authority of master of ves

as rules of decision in federal courts.

11 C. C. A. 72. sel to hypothecate or make bottomry bond. 75 C. C. A. 123.

Constitutional and statutory limitations Liability of vessel for injuries caused

of municipal indebtedness. 36 C. C.

A. 6. by creation of swell. 78 C. C. A. 3. Deductions and offsets from charter

Statutory exemptions of building and

loan associations from operation of hire of vessel. 84 C. C. A. 254.

usury laws.

36 C. C. A, 343.

Repeal of statutes by implication. 38 SIGNALS.

C. C. A. 136. At railroad crossings. 29 C. C. A. 90.

Power of legislature to pass curative

statutes. 39 C. C. A. 180.

Amendment of amended, repealed, or SLEEPING-CAR COMPANIES.

invalid statutes. 44 C. C. A. 590. Their duties and liabilities towards Effect of violation of statutes limiting their passengers.

10 C. C. A. 335; speed of trains. 59 0. C. A. 5. 34 C. C. A. 386.

Construction of statutes as affected by

mistakes in writing, grammar, spell

ing, and punctuation. 65 C. C. A. SPECIFIC PERFORMANCE.

237. Persons entitled to enforce specific History and passage of statutes and performance. 47 C. C. A. 493.

contemporary circumstances as aids Of contracts requiring performance of to construction. 65 C. C. A. 535.

continuous acts. 49 C. C. A. 103. Pleading private statutes. 67 C. C. A. Of contracts of which time is the es- 241. sence. 63 C. C. A. 562.

Construction and operation of provisos, Necessity of tender of performance. 65 exceptions and saving clauses. 76 C. C. C. A. 91.

C. A. 381. Conditions and provisions for relief to Validity of laws alleged to impair char

defendant in decree in action for ter or franchise of corporation as despecific performance. 79 C. C. A. pendent on reservation of power to 188.

alter or amend. 77 C. C. A. 281. Right of vendor seeking specific per

formance of contract to have title STOCKHOLDERS. perfected pending suit. 80 C. C. Liability to creditors of corporation. A. 354.

23 C. C. A. 315; 33 C. C. A. 23.

ance.

STOCKHOLDERS-Cont'd.

TAXATION-Cont'd.
Enforcement of statutory liability of Place of taxation of property held in
stockholders in national banks. 52 trust or other fiduciary capacity. 72
C. C. A. 6.

C. C. A. 283. *Effect of judgment against corpora

tion in action to enforce stockhold. TELEGRAPHS AND TELEPHONES. er's liability. 52 C. O. A. 305.

Measure of damages in actions against Liability of transferrors and trans- telegraph and telephone companies. ferees of corporate stock for assess

15 C. C. A. 235; 28 C. C. A. 59. ments. 61 C. C. A. 322

Damages for mental suffering from de.

lay in delivering telegram. 11 C. C. STREET RAILROADS.

A. 571; 15 C. C. A. 250; 28 C. C. Care required of motormen. 40 C. C.

A. 62. A. 361.

Delay in transmission of message Relative rights of street railroads, and

Failure to disclose that line was not vehicles and pedestrians in use and

in working order. 14 C. C. A. 177. occupation of streets. 73 C. C. A. 12. Rights of telegraph and telephone com.

panies to use of streets. 44 C. O. SUBROGATION.

A. 155.
To rights of mortgagee. 42 C.C.A.304. TENANCY IN COMMON.
Of insurer under assignment of rights
of insured. 65 C. C. A, 615.

Rights of co-tenant as to improvements

made under mistaken belief of perSUICIDE.

fect title. 69 C. O. A. 19. As a defense to a suit for life insur- TENDDR.

16 C. C. A, 623; 28 C. C. A. Persons by whom tender may be made. 284.

84 C. C. A. 428. SUNDAY.

TERRITORIES.
As dies non juridicus. 12 C.C. A. 462. Effect of acquisition of territory by

United States on laws and property
SUPREME COURT.

rights therein. 80 C. C. A. 457. Certiorari to circuit court of appeals. 1 C. C. A, 5.

THREATENING POSTAL CARDS. Jurisdiction. 1 C. C. A. 9, 11.

Nonmailable matter. 30 C. C. A. 94. Review of jurisdiction of circuit TITLE. courts. 48 C. C. A. 351.

Rights of co-tenant as to improve

ments made under mistaken belief of TARIFF LAWS.

perfect title. 69 C. C. A. 19. Interpretation of commercial and trade Transfer of title as dependent on apterms. 18 C. C. A. 545.

propriation by seller. 83 C. C. ..

470. TAXATION. Of railroad land grants. 4. C. C. A. TITLE INSURANCE. 19 C. C. A. 278. 196.

TORTS. Of equitable title to public lands. 4 C.

Liabilities of carriers for negligence C. A. 196.

and torts of servants. 10 C. C. A. Lands of the United States not subject 466; 27 C. C. A. 651. to state taxation, 4 C. C. A. 196.

Of wife-Liability of husband. 12 C. Due process of law. 8 C. C. A. 398. C. A. 196. Notice of equalization. 8 C. C. A.

Municipal liability for torts of public 400.

officers. 14 C. C. A. 534. Forfeiture for nonpayment. 8 C. C. A. As affecting demurrage. 21 C. C. A. 401.

345. Regulation and taxation of interstate Maritime liens for torts. 34 C. C. A.

commerce by state. 8 C. C. A. 492; 565. 24 C. C. A. 21.

Liability of corporation for torts. 39 Limitations of taxing power from mu- C. C. A. 9. tual independence of federal and

Liability of principal for torts of state governments. 23 C. C. A. 515.

agent. 43 C. C. A. 316. Of foreign corporations. 24 C. C. A. 13. Liabilities of charitable institutions Tax deed as color of title. 24 C. C. A.

for negligence. 47 C. C. A. 134. 402.

Admiralty jurisdiction. 62 C. C. A. Of intangible property of nonresidents. 279. 31 C. C. A. 467.

Effect of acquittal in criminal prosePersons entitled to injunction restrain- cution on liability in tort for alleged ing or damages for wrongful enforce

criminal act. 79 C. C. A. 407. ment of tax. 54 C. C. A. 550. Of bank deposits. 60 C. C. A. 413. TRADE-MARKS AND TRADE Impairing obligation of contracts for NAMES.

exemption from taxation. 70 C. C. Contracts relating to use. 14 C. C. A. A. 294.

101.

TRADE-MARKS AND TRADE- UNITED STATES–Cont'd.
NAMES-Cont'd.

Nature and extent of power of United
Assignment of right to use a person's States to condemn property for pub-

name. 17 C. C. A. 579; 27 C. C. A. lic use. 70 C. C. A. 653. 360.

Effect of acquisition of territory by Right to use one's own name. 17 C. O. United States on laws and property A. 579; 27 C. C. A. 357.

rights therein. 80 C. C. A. 457. Use of corporate and firm names. C. C. A. 579; 27 C. C. A. 357.

USURY. Use of geographical names. 17 C. c.

Statutory exemptions of building and A. 657; 35 C. C. A. 242.

loan associations from operation of Unfair competition. 20 C. C. A. 165;

usury laws. 36 C. O. A, 313. 30 C. C. A. 376.

What law governs usury by building Laches as a defense in suits for in

and loan associations. 51 C. C. A. fringement. 22 C. C. A. 211; 36 C.

319.
C. A. 613.
Misleading or false labels. 29 C. C.
A. 250.

VENDOR AND PURCHASER.
Abandonment. 33 C. C. A. 294.

Marketable title. 40 C. C. A. 592. Arbitrary, descriptive, or fictitious

Liabilities of venders of injurious subcharacter of trade-marks and trade- stances or defective machinery and names. 50 C. C. A. 323.

appliances for injuries to persons

other than immediate vendees. 37 C. TRADE SECRETS.

C. A. 5. Disclosure. 58 C. C. A. 8.

Right of vendor seeking specific per

formance of contract to have title

perfected pending suit. 80 C. C. A. TRESPASS.

354, Rights of trespasser on train. 31 O.

Deficiency judgments and personal liaC. A. 76.

bility on foreclosure of vendors' liens. Liabilities of corporations. 39 C. C. 82 C. C. A. 488. A. 15.

Necessary and proper parties in suits Liability of railroads or street car

to foreclose or enforce vendors' liens. companies for ejection of trespassers.

83 C. C. A, 359. 51 C. C. A. 578. Negligence in ejecting trespasser under disability. 62 C. C. A. 422.

WAIVER.

Of prepayment of insurance premiums. TRIAL.

13 C. C. A. 292. Jury trial in' federal court. 5 C. C. Of maritime liens. 17 C. C. A. 102.

A. 603; 26 C. C. A. 528; 27 C. C. A. Of conditions of insurance. 27 C. C. 393.

A. 46. Instructing jury and receiving verdict Of defense by acceptance of premiums. on Sunday. 12 C. C. A. 402.

33 C. 0. A. 369. Comments of counsel on failure to Of trial by jury in criminal prosecuproduce witness. 13 C. C. A. 389.

tions. 39 C. Č. A. 281. Trial by jury in criminal prosecutions. Of right as to district in which suit 39 C. O. A. 275.

may be brought. 52 C. C. A. 192. Additional proofs in appellate court Of right to remove cause to federal

without trial de novo. 67 C. C. A. court. 60 C. O. A. 612.

600. Operation and effect of motions by WAR,

both plaintiff and defendant for direction of verdict. 77 C. C. A. 8.

The neutrality laws. 28 C. C. A. 622. TRI'STEES.

WAREHOCSEMES. Citizenship as affecting the jurisdiction

Liability of carriers as. 20 C. C. A. of the federal courts. 10 C. C. A.

529. 252; 27 C. C. A. 300. TRUSTS.

WATERS AND WATER COURSES. Assets of corporation when trust fund

Pollution of water courses. 37 C. O. for creditors. 23 C. C. A. 31.7.

A. 538. Place of taxation of property held in

Abandonment of water rights. 45 C. trust or other fiduciary capacity. 72

C. A. 190. C. C. A. 253.

WIFE. UNITED STATES.

Death of husband by wrongful actEstoppe! against. 16 C. C. A. 353.

Damages. 1 C. C. A. 33. Assignment of claims and government Liability of husband for torts of. 12 C. contracts. 22 C. C. A. 630.

C. d. 196.

WILLS.

WITNESS-Cont'd.
Probate jurisdiction of federal courts. Time for objection to competency of
36 C. C. A. 276.

witness. 74 C. C. A. 3.

Impeachment and contradiction of par-
WITNESS.

ty called as witness by adversary. 74
Competency in federal courts Follow

C. C. A. 142.
ing state practice. 5 C. C. A, 602;

Excuses for disobedience of subpænas.
21 C. C. A. 278.
Method of summoning Following

76 C. C. A. 591.

Right of accused to be confronted by
state practice. 5 C. C. A. 602.

witnesses. 80 C. C. A. 116.
Comments of counsel in argument on

failure to produce. 13 C. C. A. 589.
Competency of, as to general reputa | WRITS.
tion. 53 C. C. A. 109.

Form and service of process. 5 C. C.
Misconduct of witness with reference A. 594.

to cause on trial as ground for im- Issue and service on Sunday, 12 C. O.
peachment. 71 C. C. A. 411.

A. 462.

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