S. Atty., and H. L. Donnelly, Asst. U. S. Atty., both of Kansas City, Mo.

PER CURIAM. Writ of error docketed and dismissed, without costs to either party in this court, on motion of defendant in error, under rule 16.

fore HOUGH and MANTON, Circuit Judges, and LEARNED HAND, District Judge. PER CURIAM. Judgment affirmed in open court.

5

John SPARO, Plaintiff in Error, v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. June 10, 1924.) No. 6477. In Error to the District Court of the United States for the District of Nebraska. William E. Lovely, of Omaha, Neb., for plaintiff in error. George A. Keyser, Asst. U. S. Atty., of Omaha, Neb. PER CURIAM. Writ of error dismissed, without costs to either party in this court, on motion of defendant in error, under rules 23 and 24.

6

Jean STEWART, Plaintiff in Error, v. UNITED STATES. (Circuit Court of Appeals,

2

In the Matter of Philip SCHNITT and Samuel Brown, individually, etc., Bankrupts. Jacob Schwartz, Petitioner. (Circuit Court of Appeals, Second Circuit. October 20, 1924.) No. 13. Petition to Revise Order of the District Court of the United States for the Southern District of New York. Budd S. Weisser, of New York City, for appellant. Isidor H. Taylor, of New York City, for respondents.

Before ROGERS, HOUGH and MANTON, Circuit Judges.

In Error to the District Court of the United States for the District of Nebraska. J. R. Lones and Vestor J. Skutt, both of Omaha, Neb., for plaintiff in error. George A. Keyser, Asst. U. S. Atty., of Omaha, Neb.

PER CURIAM. Writ of error dismissed, without costs to either party in this court, per stipulation of parties.

7

Marco STRUGAR, Plaintiff in Error, v. Court of Appeals, Eighth Circuit. May 1, 1924.) UNITED STATES (four cases). (Circuit

Nos. 6666-6669. In Error to the District Court of the United States for the District of

3

Mary O. SEYBOLD, Appellant, v. STATE SAVINGS BANK OF COUNCIL BLUFFS, IOWA, et al. (Circuit Court of Appeals, Eighth Circuit. May 1, 1924.) No. 6671. Appeal from the District Court of the United States for the Southern District of Iowa. Robert R. Troyer, of Omaha, Neb., for appellant. D. E. Stuart, of Council Bluffs, Iowa, for appellees.

PER CURIAM. Application of appellant for order granting writ of restitution, etc., denied.

4

Jacob SPANIER, Plaintiff in Error, v. UNITED STATES, Defendant in Error. (Circuit Court of Appeals, Second Circuit. November 3, 1924.) No. 77. In Error to the District Court of the United States for the Southern District of New York. Samuel W. Altman, of New York City (Milton S. Cohn and Irving D. Lipkowitz, both of New York City, of counsel), for plaintiff in error. William Hayward, U. S. Atty., of New York City (Elmer H. Lemon, Sp. Asst. U. S. Atty., of Middletown, N. Y., of counsel), for the United States. Be

lis, Minn. for plaintiff in error. Lafayette French, Jr., U. S. Atty., of St. Paul, Minn.

PER CURIAM. Writs of error docketed and dismissed, without costs to either party in this court, on motion of defendant in error, under rule 16.

8

OF

STUDEBAKER CORPORATION AMERICA, Plaintiff in Error, v. R. L. WOODRUFF, Trading as Woodruff Hardware Company, Defendant in Error. (Circuit Court of Appeals, Fifth Circuit. November 5, 1924.) No. 4283. In Error to the District Court of the United States for the Northern District of Georgia; Samuel H. Sibley, Judge. Gibson H. Cornwell, and Mark Bolding, both of Atlanta, Ga. (Richard B. Russell, Jr., of Winder, Ga., on the brief), for plaintiff in error. Thomas J. Shackelford, of Athens, Ga., for defendant in error. Before WALKER, BRYAN, and KING, Circuit Judges.

PER CURIAM. In this case the only assignment of error is that the court erred in refusing to direct a verdict in favor of the plaintiff in error. This, of course, involves a consideration of all the evidence. The trial was completed on July 5, 1923, and on the same day court was adjourned for the term. There was opportunity before adjournment to ask for an extension of time for the preparation of a

bill of exceptions, but this was not done, and it was not until January 2, 1924, that a bill of exceptions was presented to the district judge for his approval. In the absence of special or extraordinary circumstances, a bill of exceptions will not be allowed after the term at which the judgment was rendered has expired. Muller v. Ehlers, 91 U. S. 249, 23 L. Ed. 319; Hume v. Bowie, 148 U. S. 245, 13 S. Ct. 582, 37 L. Ed. 438. No reason for the failure to obtain an extension of time at the term at which the case was tried, or for the long delay in the presentation thereof afterwards, is shown, and therefore the bill of exceptions is stricken. In this condition of the record the assignment of error falls, as it is based solely upon evidence which is not properly before us. The judgment is affirmed.

Harvey R. THOMPSON et al., Plaintiff in Error, v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. September 15, 1924.) No. 6628. In Error to the District Court of the United States for the District of Wyoming. F. E. Anderson, of Laramie, Wyo., and Roderick N. Matson, of Cheyenne, Wyo., for plaintiffs in error. Albert D. Walton, U. S. Atty., of Cheyenne, Wyo.

PER CURIAM. Writ of error dismissed, without costs to either party in this court, on motion of defendant in error, under rule 24.

2

Jiles R. TRAVIS, Plaintiff in Error, v. Thomas P. HEFFERNEN et al. (Circuit Court of Appeals, Eighth Circuit. March 22, 1924.) In 6538. In Error to the District Court of the United States for the Western District of Oklahoma. B. M. Parmenter and Arch M. Parmenter, both of Lawton, Okl., for plaintiff in J. H. Everest, of Oklahoma City, Okl., and W. C. Stevens and J. H. Cline, both of Lawton, Okl., for defendants in error.

error.

PER CURIAM. Writ of error dismissed, with costs, on motion of plaintiff in error and consent of defendant in error.

3

UNITED STATES, Appellant, v. Susie STARR. (Circuit Court of Appeals, Eighth Circuit. October 9, 1924.) No. 6693. Appeal from the District Court of the United States for the Eastern District of Oklahoma. O. H. Graves, of Pryor, Okl., H. B. Reubelt, of Eufaula, Okl., and W. N. Dannerberg, for the United States. A. C. Sewell and W. J. Crump, both of Muskogee, Okl., for appellee.

PER CURIAM. Appeal dismissed, without costs to either party in this court, per stipulation of parties.

4

UNITED STATES ex rel. Rachael GOLDBAUM and Raisel Goldbaum, Relators-Appellants, v. COMMISSIONER OF IMMIGRATION, etc., Respondent-Appellee. (Circuit Court of Appeals, Second Circuit, October 20,

UNITED STATES ex rel. Nachman TOLMACH and Another, Relators-Appellants, v. Henry H. CURRAN, as Commissioner, etc., Respondent-Appellee. (Circuit Court of Appeals, Second Circuit. October 10, 1924.) No. 22. Appeal from the District Court of the United States for the Southern District of New York. Goldfogle & Dorf, of New York City (Irving S. Dorf, of New York City, of counsel), for appellants. William Hayward, U. S. Atty., and Morris Streusand, both of New York City, for appellee. Before ROGERS, HOUGH, and MANTON, Circuit Judges. PER CURIAM. Appeal dismissed in open court.

6

Cuthbert O. VALENTINE, Plaintiff in Error, v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. April 1, 1924.) No. 6603. In Error to the District Court of the United States for the Western District of Arkansas. R. W. Wilson, of Pine Bluff, Ark., for plaintiff in error. S. S. Langley, U. S. Atty., of Ft. Smith, Ark.

PER CURIAM. Writ of error dismissed, without costs to either party in this court, on fendant in error. motion of plaintiff in error and consent of de

7

Paul VAN ACKEREN, Alleged Bankrupt, Appellant, v. FARMERS' STATE BANK OF RAEVILLE et al. (Circuit Court of Appeals, Eighth Circuit. October 23, 1924.) No. 6855. Appeal from the District Court of the United States for the District of Nebraska. W. J. Donahue, of Albion, Neb., for appellant. H. C. Vail, of Albion, Neb., for appellees.

PER CURIAM. Appeal docketed and dismissed, with costs, per stipulation of parties.

8

Bill WALTON et al., Plaintiffs in Error, v. UNITED STATES. (Circuit Court of Appeals, Eighth Circuit. May 29, 1924.) No. 6346. In Error to the District Court of the United States for the Western District of Missouri. Clif Langsdale, of Kansas City, Mo., for plaintiffs in error. C. C. Madison, U. S. Atty., of Kansas City, Mo.

PER CURIAM. Writ of error dismissed, without costs to either party in this court, for want of prosecution.

Cora C. WILKENING, Plaintiff in Error, v. Gladys Mary MOORE, Defendant in Error. (Circuit Court of Appeals, Second Circuit. November 3, 1924.) No. 44. In Error to the District Court of the United States for the Southern District of New York. Diamond, Abrahams & Strauss, of New York City (Joseph L. Greenberg, of New York City, of counsel), for plaintiff in error. O'Brien, Malevinsky & Driscoll, of New York City (Dennis F. O'Brien, M. L. Malevinsky, and Joseph Walker Magrauth, all of New York City, of counsel), for defendant in error. Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

PER CURIAM. Judgment affirmed.

2.

H. L. WILLIFORD, Receiver, et al., Petitioners, v. Willis B. CAUBLE et al. (Circuit Court of Appeals, Eighth Circuit. September 15, 1924.) No. 257 Orig. Petition to Revise Order of the District Court of the United States for the Western District of Arkansas. Joe K. Mahony, of El Dorado, Ark., W. T. Saye and J. N. Saye, both of Little Rock, Ark., and Jeff Davis, of El Dorado, Ark., for petitioners. J. M. Foster, F. J. Looney, W. A. Wilkinson, and M. K. Smith, all of Shreveport, La., Will Steel, of Texarkana, Ark., H. S. Powell, H. P. Smead, and R. C. Knox, all of El Dorado, Ark., and A. D. Keeney, of Shreveport, La., for respondents.

PER CURIAM. Petition to revise dismissed, at costs of petitioners, etc., per stipulation of parties.

3

THURMAN WILSEY, Plaintiff in Error, v. UNITED STATES. (Circuit Court of Ap

peals, Eighth Circuit, May 5, 1924.) No. 6675. In Error to the District Court of the United States for the District of Wyoming. C. L. Rigdon, of Cheyenne, Wyo., for plaintiff in error. Albert D. Walton, U. S. Atty., of Cheyenne, Wyo.

PER CURIAM. Writ of error docketed and dismissed, without costs to either party in this court, on motion of defendant in error, under rule 16.

4

Appeal

YOUNG CHOW, Appellant, v. Howard D. EBEY, Immigration Inspector in Charge at Chicago, Appellee. (Circuit Court of Appeals, Seventh Circuit. October 16, 1924. Rehearing Denied Dec. 12, 1924.) No. 3443. from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Frank T. Milchrist, of Chicago, Ill., for appellant. James A. O'Callaghan, of Chicago, Ill., for appellee. Before EVANS and PAGE, Circuit Judges, and GEIGER, District Judge.

PER CURIAM. The Second Assistant Secretary of Labor ordered the deportation of appellant, who now challenges the authority of an Assistant Secretary to make the order. It is customary for the Second Assistant Secretary of Labor to hear and dispose of Chinese deportation cases, and his action in ordering deportation has been sanctioned by various district courts. We agree with the conclusion of Judge Hand, expressed in United States ex rel. Chin Fook Wah v. Dunton (D. C.) 288 F. 959. See, also, Parish v. United States, 100 U. S. 504, 25 L. Ed. 763; M'Collum v. United States. 17 Ct. Cl. 100; Norris v. United States, 257 U. S. 77, 42 S. Ct. 9, 66 L. Ed. 136. The order is affirmed.

ABANDONMENT.

3 (U.S.D.C.Mo.) Intent and relinquishment of possession essential to abandonment.-Summers v. Atchison, T. & S. F. Ry. Co., 2 F. (2d) 717.

4 (U.S.D.C.Mo.) Nonuser does not constitute abandonment.-Summers v. Atchison, T. & S. F. Ry. Co., 2 F.(2d) 717.

ACCORD AND SATISFACTION. See Compromise and Settlement.

(U.S.C.C.A.Ohio) Place of contract.Schwartzenberg v. Mayerson, 2 F. (2d) 327.

(App.D.C.) Meeting of minds essential.Karrick v. McEachern, 2 F. (2d) 126.

11(I) (U.S.C.C.A.Ohio) Creditor held estopped to deny that check was accepted in full payment of disputed claim.-Schwartzenberg v. Mayerson, 2 F.(2d) 327.

(1) (App.D.C.) Landlord's acceptance of checks for reduced rent pending appeal from rent commission held not accord and satisfaction. Karrick v. McEachern, 2 F. (2d) 126.

18 (App.D.C.) Essentials of "accord and satisfaction" stated.-Karrick v. McEachern, 2 F. (2d) 126.

ACCOUNT STATED.

9 (U.S.D.C.N.Y.) Statements of "account current" by German bank to American depositor during war period, not rendered till resumption of trade relations, held not accounts stated.-Zimmermann v. Miller, 2 F. (2d) 623.

ACKNOWLEDGMENT.

II. TAKING AND CERTIFICATE. 20(1) (U.S.D.C.Ga.) Official attestation of security deed by notary, who is policy holder of grantee insurance company, held not void as against junior judgment creditor.-Swift & Co. v. State Mut. Life Ins. Co., 2 F. (2d) 781.

20(3) (U.S.C.C.A.Ga.) Stockholder of corporation not disqualified to act as attesting notary of mortgage.-West v. Central Union Trust Co., 2 F.(2d) 585.

Stockholder of mortgagee corporation is disqualified from acting as attesting witness.-Id. ACTION.

See Dismissal and Nonsuit.

II. NATURE AND FORM.

22 (U.S.C.C.A.Iowa) Claim by unincorporated church association against trustees of college for accounting held cause of action in equity for violation of trust.-Schell v. Leander Clark College, 2 F. (2d) 17.

35 (U.S.D.C.N.Y.) Shippers' statutory remedy in personam against the United States in

2 F. (2d)-65

VIII. DECREE AND ENFORCEMENT
THEREOF.

90 (U.S.D.C.Del.) Legal effect of contumacy and default under new admiralty rule same as under old rule.-The Richmond, 2 F. (2d) 903.

Effect of decree pro confesso respecting libelant's right to recover stated.-Id.

On default, decree may be entered for liqui dated demand without proof, but, if demand not liquidated, proof must be made.-Id.

Claim for supplies held unliquidated requiring proof of reasonable value.-Id.

Claim for towage for specified sum liquidated, and decree pro confesso established libelant's right thereto.-Id.

Libelant held entitled to lien for repairs and for advances for wages of crew.-Id.

Claim for money advanced for expenses of vessel held too indefinite, unless supplemented by proof.-Id.