charterer, is assumed by the owner, is not in- 2. Carriage of goods. In the absence of fraud or mistake, parol The settled rule of commercial law, that Stipulations in bills of lading that the car- Loss of cargo resulting from the overloading The fact that a steamer was being operated A purchaser of a vessel cannot invoke the SMUGGLING. See "Customs Duties," § 5. SPECIFIC PERFORMANCE. Right to enforce specific performance of con- STARE DECISIS. See "Courts," § 1. STATES. Jurisdiction of suits against, see "Courts," § 4. An officer of the United States army, acting STATUTES. Adoption by United States courts of state See "Bankruptcy"; "Copyrights"; "Customs § 1; "Post Office"; "War." The title is no part of an act, and cannot Where a statute imposing a tax is suscepti- STATUTES CONSTRUED. UNITED STATES. CONSTITUTION. § 1. Nature and grounds of remedy in Amend. art. 14...................... general. Specific performance rests in judicial discre- A contract which is champertous under the STATUTES AT LARGE. 1867, March 2, ch. 176, 14 Stat. 517. 273 [U. S. Comp. St. 1901, pp. 3113, 1874, June 22, ch. 391, § 22. 18 Stat. 190 881 510 620 152 411 70, 566 1883, March 3, ch. 121, § 1. Schedule H, 383 1884, April 18, ch. 26, 23 Stat. 11 [U. S. 1897. July 24, ch. 11, § 2, Free List, par. 487 861 210 862 1888, Aug. 13, ch. 866, § 2. 25 Stat. 433 982 411 1897, July 24, ch. 11, § 6, 30 Stat. 205 [U. 483 479 445 482 861 480 1898, July 1, ch. 541, §§ 1, 2, 30 Stat. 544, 246 1898, July 1, ch. 541, § 3, 30 Stat. 546, 547 406 976 406 451 375 1891, Aug. 13, ch. 282, 28 Stat. 279 [U. S. 236 1894, Aug. 15, ch. 290, 28 Stat. 305. 114 1894, Aug. 27, ch. 349, 28 Stat. 509. 384 1894, Aug. 27, ch. 349, § 1, Schedule H, 1901, March 2, ch. 806. 31 Stat. 945 ¡U. S. .445, 994 495 1894, Aug. 27, ch. 349, § 1, Schedule N, REVISED STATUTES. 476 1894, Aug. 27, ch. 349, § 1, Schedule N, 477 1897, July 24, ch. 11, 30 Stat. 151 [U. S. 384 1897, July 24, ch. 11. § 1, Schedule A, par. § 643 [U. S. Comp. St. 1901, p. 521]...545, 562 474 1897, July 24, ch. 11. § 1,, Schedule A, par. 470 479 470 1897, July 24, ch. 11. § 1, Schedule A, pars. 1897, July 24, ch. 11, § 1, Schedule B, pars. 1897, July 24, ch. 11. § 1. Schedule G, par. 1897, July 24, ch. 11, § 1, Schedule G, par. 1897, July 24, ch. 11, § 2, Free List, par. 4733257 [U. S. Comp. St. 1901, p. 2137]. 8 4952 [U. S. Comp. St. 1901, p. 3406]. 47884956 [U. S. Comp. St. 1901, p. 3407]. 4834957 [U. S. Comp. St. 1901, p. 3409]. 584 § 916 [U. S. Comp. St. 1901, p. 684]..438, 764 148 164 411 334 620 §§ 4615, 4624, 4625, 4635 [U. S. Comp. St. 386 993 217 218 451 218 217 451 57 48 580 652 270 813 ....... 814 1893, March 17, p. 18, ch. 12........... VERMONT. STATUTES. §§ 1101, 1103, 1751.. STIPULATIONS. TAXATION. See "Counties," § 1; "Customs Duties"; "In- 1. Liability of persons and property. Pol. Code Cal. § 3609, providing for the taxation of national bank shares, construed and held valid.-Nevada Nat. Bank v. Dodge (C. C. A.) 57. A statute providing for the taxation of national bank shares is not invalid because it provides a different system of taxation for such shares from that applied to local banking corporations.-Nevada Nat. Bank v. Dodge (C. C. A.) 57. § 2. Levy and assessment. A notice required by statute to be given to a national bank of the assessment of the shares of its respective stockholders is sufficient notice to the stockholders, in connection with the general laws providing for the assessment and fixing the time and place where complaints can 438 be heard and considered.-Nevada Nat. Bank v. Dodge (C. C. A.) 57. A stipulation by the defendant in an action at law to waive a jury and go to trial before the court is not a waiver of his right to insist that plaintiff has no right of action at law.Goodyear Shoe Machinery Co. v. Dancel (C. C. A.) 692. STOCK. Corporate stock, see "Corporations," § 1. STOCKHOLDERS. See "Banks and Banking," § 1. Of corporations, see "Corporations," § 2. SUBROGATION. A mortgagee, who paid off a prior mortgage, TENANCY IN COMMON. 1. Mutual_rights, duties, and liabili ties of co-tenants. The grantor of an undivided portion of land to a trustee, with covenants of quiet enjoyment and of warranty, held entitled to contribution for expense incurred in defending a suit involving title to the whole.-McClintock v. Fontaine (C. C.) 448. One who, as trustee owning an individual half of a certain land, pays taxes on the whole, is entitled as a tenant in common to contribution from the other owners, and is therefore entitled to a lien on the land for the amount advanced.-McClintock v. Fontaine (C. C.) 448. TERMS. Of leases, see "Landlord and Tenant," § 2. TIMBER. held not entitled to be subrogated to the lien On public lands, see "Public Lands,” § 1. of such mortgage, as against an innocent purchaser of an intervening mortgage in reliance on the record, which showed it to be a first lien.-Coonrod v. Kelly (C. C. A.) 841. TOWAGE. TRESPASS TO TRY TITLE. Collisions with tugs and vessels in tow, see See "Ejectment." "Collision," § 5. A tug held liable for the loss of a scow in tow, which went adrift in the night, where she gave so little attention to the scow that the loss was not discovered for four hours.-The O. L. Hallenbeck (D. C.) 468; Olsen v. Cahill, Id. See "Counties." TOWNS. TRADE-MARKS AND TRADE-NAMES. § 1. Marks and names subjects of ownership. The word "Carroms" held to constitute a valid trade-mark as applied to a game board.Ludington Novelty Co. v. Leonard (C. C.) 937; Same v. Fischer, Id. § 2. Infringement and unfair competition. A bill held not to state facts making a case for relief on the ground of unfair competition. -Globe-Wernicke Co. v. Fred Macey Co. (C. C. A.) 696. The labels and packages of complainant and defendant compared, and held so dissimilar in appearance, regarded as a whole, that defendant could not be charged with unfair competition, in the absence of evidence that purchasers were actually deceived.-Postum Cereal Co. v. American Health Food Co. (C. C. A.) 848. The trade-mark "Grape Nuts," adopted as the name of a cereal food preparation, is not infringed by the name "Grain Hearts," used to designate a similar product.-Postum Cereal Co. v. American Health Food Co. (C. C. A.) 848. The publisher of a periodical, under the name of "Comfort" held not entitled to an injunction against the use of the name "Home Comfort," as the title of another publication which was dissimilar in size, appearance, and the character of its contents, and was not in fact a competitor, in the absence of proof of actual injury to complainant.-Gannett v. Ruppert (C. C.) 221. The publisher of a periodical will be protected in the exclusive use of its name to which he has acquired a prior right, when its use by another is with intent to deceive, or is calculated to deceive and result in injury to complainant.Gannett v. Ruppert (C. C.) 221. TRESPASS. On public lands, see "Public Lands," § 1. § 1. Acts constituting trespass and liability therefor. The test which determined whether one was a willful or an innocent trespasser is the honest belief and actual intent at the time he committed the trespass.-United States v. Gentry C. C. A.) 70. TRIAL. See "New Trial"; "Reference"; "Witnesses." Proceedings incident to trials. Entry of judgment after trial of issues, see "Judgment," § 1. Trial of particular civil actions or proceedings. See "Negligence," § 2. For damages for taking or injuring property for public use, see "Eminent Domain," § 2. For personal injuries, see "Master and Servant," § 1. 8 1. Arguments and conduct of counsel. Defendant held not entitled to a new trial for misconduct of the assistant district attorney in argument.-United States v. Alexander (C. C.) 1015. § 2. Instructions to jury. In the federal courts, a trial judge is not required to specifically and directly answer every point which may be submitted by counsel. If the instructions given, as a whole, fully, corther can be required.-Salem Iron Co. v. Comrectly, and clearly present the law, nothing furmonwealth Iron Co. (C. C. A.) 593. The practice of presenting instructions to the court after the charge to the jury has been given cannot be sanctioned, and assignments of error based on the refusal to give such instructions will not be considered_by the appellate court.-City of Chicago v. Le Moyne (C. C. A.) 662. § 3. Trial by court. A special finding made by a circuit court, where a jury is waived by stipulation, pursuant to Rev. St. § 649 [U. Š. Comp. St. 1901, p. 525], should state the ultimate facts, on which the law must determine the rights of the parties, and should not contain a statement of the evidence. - American Nat. Bank v. Watkins (C. C. A.) 545. A special finding that plaintiff was not a bona fide purchaser of a note for value, but took the same subject to any defense affecting the consideration, is one of fact, and not reviewable on appeal as a conclusion of law.American Nat. Bank v. Watkins (C. C. A.) 545. A special finding of facts by a circuit court in an action at law, where a jury is waived, must state the ultimate facts, on which the law must determine the rights of the parties. -Powers v. United States (C. C. A.) 562. TRUSTS. Corabinations to monopolize trade, see "Monopolies," § 1. Trust deeds, see "Chattel Mortgages"; "Mortgages." |