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39 (U.S.D.C.Minn.) Act giving president power during war to impose restrictions on entry of aliens continued in force by other legislation. Bennedsen v. Nelson, 2 F.(2d) 296.

40 (U.S.D.C.N.Y.) Congress has power to order deportation of undesirable aliens.-U. S. ex rel. Lisafeld v. Smith, 2 F. (2d) 90.

46 (U.S.D.C.Me.) "Admits," as used in statute providing for deportation of alien admitting crime, defined.-Ex parte Tozier, 2 F. (2d) 268.

Admission of facts deemed to establish alien's guilt of crime not an admission of crime, warranting deportation.-Id.

Alien's testimony in extraneous case held not an admission of crime, warranting deportation. -Id.

53 (U.S.C.C.A.Wash.) Status of alien member of crew of American vessel not changed, because by permission of captain he landed for few hours in foreign port.-Weedin v. Banzo Okada, 2 F. (2d) 321.

53 (U.S.D.C.N.Y.) Member of Communist party held subject to deportation.-U. S. ex rel. Lisafeld v. Smith, 2 F. (2d) 90.

54 (U.S.C.C.A.Mass.) Alien held entitled to admission as fugitive from religious persecution.-Johnson v. Tertzag, 2 F. (2d) 40. Failure to inform immigrant of rights held denial of fair hearing.-Id.

Immigration officials may not ignore essential provisions of statute.-Id.

54 (U.S.C.C.A.Wash.) Five-year period, during which alien unlawfully entering United States may be deported, begins to run from date of prohibited entry.-Weedin v. Banzo Okada, 2 F. (2d) 321.

Statute prohibiting bringing aliens into United States not applicable to member of crew, who had previously unlawfully entered, and deportation more than five years after original entry not authorized.-Id.

54 (U.S.D.C.N.Y.) Grounds for review of deportation proceedings.-U. S. ex rel. Lisafeld v. Smith, 2 F. (2d) 90.

Deportation of alien; "country whence he came."-Id.

Circumstances may excuse delay in execution of order of deportation.-Id.

54 (U.S.D.C.N.Y.) Evidence held to sustain exclusion of immigrant claiming citizenship.-U. S. v. Curren, 2 F. (2d) 179.

IV. NATURALIZATION.

68 (U.S.C.C.A.Utah) Same witnesses need not verify as to all of five years' required residence.-U. S. v. Streuli, 2 F. (2d) 796.

68 (U.S.D.C.Or.) Literal compliance with Naturalization Act in matter of renouncing foreign sovereign essential.-In re Rothkowitz, 2 F.(2d) 634.

ANIMALS.

29 (U.S.C.C.A.Ga.) Regulations and methods of Commissioner of Agriculture in suppression of diseases of animals held.accepted by state.-Thornton v. U. S., 2 F. (2d) 561. ANTI-TRUST LAWS.

See Monopolies, 23.

APPEAL AND ERROR.

See Criminal Law, 1023-1202; Exceptions,
Bill of.

For review of rulings in particular actions or
proceedings, see also the various specific top-
ics.

III. DECISIONS REVIEWABLE.
(D) Finality of Determination.
82 (5) (U.S.C.C.A.Alaska) Order setting
aside sale not reviewable as a "final judgment
or decree."-Dikeman v. Jewel Gold Mining Co.,
2 F. (2d) 665.

V. PRESENTATION AND RESERVATION
IN LOWER COURT OF GROUNDS
OF REVIEW.

(A) Issues and Questions in Lower Court.
173(2) (U.S.C.C.A.Kan.) Claim not pre-
sented in trial court cannot be considered on
appeal.-New Amsterdam Casualty Co. v. Farm-.
ers' Co-op. Union of Lyons, Kan., 2 F. (2d)
214.

(B) Objections and Motions, and Rulings Thereon.

181 (U.S.C.C.A.Pa.) In absence of objection at trial on exceptions to rulings, point not considered by appellate court.-Texas Co. v. Brilliant Mfg. Co., 2 F. (2d) 1.

205 (U.S.C.C.A.Ga.) Exclusion of evidence not grounds for reversal, in absence of showing as to its nature or statement of what it tended to prove.-Maryland Casualty Co. v. Simmons, 2 F. (2d) 29.

(C) Exceptions.

248 (U.S.C.C.A.Cal.) Essential purpose of exception.-Atchison, T. & S. F. Ry. Co. v. Nichols, 2 F. (2d) 12.

248 (U.S.C.C.A.Pa.) Point not considered by appellate court in absence of objection at trial and exceptions to rulings.-Texas Co. v. Brilliant Mfg. Co., 2 F. (2d) 1.

263(1) (U.S.C.C.A.Mich.) Errors in charge, to which no exceptions had been taken, not considered.-Detroit Taxicab & Transfer Co. v. Pratt, 2 F. (2d) 193.

VI. PARTIES.

322 (U.S.C.C.A.Ark.) All parties defendant against whom decree has been rendered are necessary parties appellant.-Arkansas Anthracite Coal & Land Co. v. Stokes, 2 F. (2d) 511.

Party defendant against whom no valid judgment could be entered not necessary party appellant.-Id. of all

336(1) (U.S.C.C.A.Ark.) Failure parties defendant against whom decree has been rendered to join in appeal requires dismissal. Arkansas Anthracite Coal & Land Co. v. Stokes, 2 F. (2d) 511.

VII. REQUISITES AND PROCEEDINGS FOR TRANSFER OF CAUSE. (A) Time of Taking Proceedings. 353 (U.S.C.C.A.Mo.) Time for filing writ of error cannot be extended by nunc pro tune order.-Boatmen's Bank v. Atchison, T. & S. F. Ry. Co., 2 F.(2d) 972.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

354 (U.S.C.C.A.Mo.) Time for filing writ of error cannot be extended by nunc pro tune order or by consent.-Boatmen's Bank v. Atchison, T. & S. F. Ry. Co., 2 F.(2d) 972.

X. RECORD AND PROCEEDINGS NOT IN

RECORD.

(B) Scope and Contents of Record. 537 (U.S.C.C.A.Cal.) When exceptions to rulings at trial can be considered by appellate court. Atchison, T. & S. F. Ry. Co. v. Nichols, 2 F. (2d) 12.

(C) Necessity of Bill of Exceptions, Case, or Statement of Facts. 544(1) (U.S.C.C.A.Pa.) Rulings not reviewable without bill of exceptions.-Texas Co. v. Brilliant Mfg. Co., 2 F. (2d) 1.

544(1) (U.S.C.C.A.Tex.) Without bill of exceptions, motion for continuance and ruling thereon not considered on appeal.-Patterson Oil Co. v. Brodhead, 2 F.(2d) 598.

555 (U.S.C.C.A.Cal.) Matters brought up by writ of error after bill of exceptions stricken.-Atchison, T. & S. F. Ry. Co. v. Nichols, 2 F. (2d) 12.

(F) Making, Form, and Requisites of Transcript or Return.

607 (2) (U.S.C.C.A.Ga.) Filing of præcipe for transcript, with proof of service, essential to appeal.-Wade v. Leach, 2 F. (2d) 367.

(K) Questions Presented for Review.

684(2) (U.S.C.C.A.Tex.) Denial of motion for continuance not reviewable, in absence of showing facts alleged as grounds for motion were admitted or proved.-Patterson Oil Co. v. Brodhead, 2 F. (2d) 598.

of

690 (4) (U.S.C.C.A.Tex.) Assignments error in admission of evidence, not set out in accordance with court rule and not orally_argued, will not be considered.-Farmers' Life Ins. Co. of Denver, Colo., v. Barker, 2 F.(2d) 468.

694(1) (U.S.C.C.A.S.C.) Findings of fact by master concurred in by trial court held not reviewable where evidence is not in the record. -Prosser v. Chapman, 2 F.(2d) 134.

court

(L) Matters Not Apparent of Record. 717 (U.S.C.C.A.Ala.) Statement of in denying motion for new trial not considered on appeal from judgment rendered on verdict. -Pullman Co. v. Culbreth, 2 F. (2d) 540.

717 (U.S.C.C.A.Tex.) Assignments of errór, complaining of findings of fact and of law, cannot be predicated on oral opinion, where specific findings not made.-Farmers' Life Ins. Co. of Denver, Colo., v. Barker, 2 F.(2d) 468.

XI. ASSIGNMENT OF ERRORS.

728(1) (U.S.C.C.A.Mo.) Assignment not complying with rule 11 of Circuit Court of Appeals not considered.-Walton Trust Co. v. Taylor, 2 F. (2d) 342.

XVI. REVIEW.

(A) Scope and Extent in General. 850(2) (U.S.C.C.A.Or.) Only wrongful admission or rejection of evidence reviewable where jury waived and findings general.-Rajotte-Winters v. Whitney Co., 2 F.(2d) 801.

866(3) (U.S.C.C.A.S.D.) On case tried by court on oral waiver of jury, in absence of case stated, appellate court can review only questions which arise on process, pleadings, or judgment.-National City Bank of Chicago v. Kimball Commercial & Savings Bank, 2 F.(2d) 461.

(C) Parties Entitled to Allege Error.

882(3) (U.S.C.C.A.Ark.) Trial below on erroneous theory not ground for reversal where appellant acquiesced.-Arkansas Anthracite Coal & Land Co. v. Stokes, 2 F.(2d) 511.

Lack of evidence of reasonable value of stock surrendered by plaintiff, for which stock of defendant was to be issued, held not to require reversal. Id.

882(14) (U.S.C.C.A.Ohio) Party held not entitled to complain of withdrawal of question from jury.-Aldrich v. Erie R. Co., 2 F. (2d) 439.

(E) Presumptions.

927(1) (App.D.C.) Testimony taken in light most favorable to plaintiff in determining whether court erred in submitting particular issue.Baltimore & O. R. Co. v. Fidelity Storage Co., 2 F. (2d) 310.

927(7) (App.D.C.) Facts considered most favorably to plaintiff's case, where lower court directed verdict for defendant.-Bennett Washington Terminal Co., 2 F. (2d) 913.

V.

930(1) (App.D.C.) Court of Appeals must assume facts to be as found by jury.-Lake v. Parker, 2 F. (2d) 127.

930(2) (U. S. C. C. A. Mass.) Unwarranted statement of counsel, not based on evidence, held not to require mistrial.-U. S. v. Nickerson, 2 F. (2d) 502.

(F) Discretion of Lower Court.

978 (3) (U.S.C.C.A.Ohio) Failure of juror to disclose facts not required by questions asked held, on the facts, not ground for reversal. Pennsylvania R. Co. v. Thomas, 2 F. (2d)

365.

979 (5) (U.S.C.C.A.Mich.) Circuit Court of Appeals cannot determine whether verdict is excessive but whether court abused discretion in granting or refusing new trial on ground of excessiveness.-Detroit Taxicab & Transfer Co. v. Pratt, 2 F. (2d) 193.

(G) Questions of Fact, Verdicts, and Findings.

987 (2) (U.S.C.C.A.Ohio) No review of weight of evidence.-Goodwin v. U. S., 2 F. (2d) 200.

995 (U.S.C.C.A.Mich.) Circuit Court of Appeals cannot weigh evidence.-Detroit Taxicab & Transfer Co. v. Pratt, 2 F. (2d) 193.

999(1) (App.D.C.) Verdict of properly instructed jury on question of fact not disturbed.-U. S. ex rel. Smith v. Stewart, 2 F.(2d) 936.

1001(1) (U.S.C.C.A.Ohio) Misbranding being charged generally, general verdict sustained on substantial evidence of any statement on label being false or fraudulent.-Goodwin v. U. S.. 2 F. (2d) 200.

1003 (U.S.C.C.A.Wash.) Appellate court in reviewing verdict not authorized to weigh evidence.-Phoenix Ins. Co. v. Bakovic, 2 F. (2d)

857.

1004(1) (U.S.C.C.A.Mich.) Circuit Court of Appeals cannot determine whether verdict is excessive.-Detroit Taxicab & Transfer Co. v. Pratt, 2 F. (2d) 193.

1009 (3) (U.S.C.C.A.Ark.) Findings of court sitting as chancellor presumptively correct.-Road Improvement Dist. No. 1 of Franklin County, Ark., v. Missouri Pac. R. Co., 2 F. (2d) 340.

1009 (4) (U.S.C.C.A.Ark.) Finding of trial judge in equity will be reversed if clearly against weight of evidence.-Kansas City Southern Ry. Co. v. May, 2 F. (2d) 680.

(H) Harmless Error.

1054 (3) (U.S.C.C.A.III.) Chancery decree, sustained by evidence, not reversed for incompetent evidence.-Lackner v. McKechney, 2 F. (2d) 516. ~1056(2) (U.S.C.C.A.Ohio) Exclusion of testimony held harmless error.-Davis v. Jessup. 2 F. (2d) 433.

1057(1) (U.S.C.C.A.Pa.) Exclusion of letter held not prejudicial error.-Texas Co. v. Brilliant Mfg. Co., 2 F.(2d) 1.

1061 (4) (App.D.C.) Refusal to direct verdict on one count held harmless, in view of ver

dict for amount less than that claimed by other count.-Lake v. Parker, 2 F. (2d) 127.

1068 (4) (U.S.C.C.A.Tenn.) Contradictory instructions held not prejudicial.-Memphis Furniture Mfg. Co. v. Wemyss Furniture Co., 2 F.(2d) 428.

(1) Error Waived in Appellate Court.

1078(4) (U.S.C.C.A.Tex.) Assignments of error in admission of evidence, not set out in accordance with court rule and not orálly argued, will not be considered.-Farmers' Life Ins. Co. of Denver, Colo., v. Barker, 2 F.(2d) 468. (K) Subsequent Appeals.

of War Risk Insurance is alleged.-Howard v. U. S., 2 F. (2d) 170.

Claimant, as beneficiary of war risk policy, not entitled to benefit, except by reason of relationship.-Id.

Father of illegitimate child cannot be made latter's beneficiary of war risk policy; "parent;" "father."-İd.

When person stands "in loco parentis," within war risk insurance, stated.-Id.

ARREST.

II. ON CRIMINAL CHARGES.

63(1) (App.D.C.) Officer cannot, without warrant, arrest person conducting himself in a quiet, peaceable, and orderly manner.-Bolt v. U. S., 2 F. (2d) 922.

1097 (2) (U.S.C.C.A.III.) Former decision held not to involve such injustice as to deprive it of conclusiveness.-Lackner v. McKechney, 63(4) (U.S.D.C.Tenn.) Officers observing 2 F. (2d) 516.

con

1099 (10) (U.S.C.C.A.Md.) Judgment forming to prior decision and remand will not

unlawful narcotic sale held to have reasonable grounds for arrest.-U. S. v. One Cadillac Automobile, 2 F. (2d) 886.

again be reviewed.-Davis v. Dexter & Carpen-71 (U.S.C.C.A.Wash.) Search may lawfully ter, 2 F. (2d) 59.

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1194(2) (U.S.C.C.A.Porto Rico) Mandate on reversal held to leave question of merits open.-Gandia v. Porto Rico Fertilizer Co., 2 F. (2d) 641.

1198 (U.S.C.C.A.Nev.) Order directing receiver to dispose of property, but not to commit default under deed of trust, held not abuse of discretion, under order of Circuit Court of Appeals. In re Old Colony Trust Co., 2 F. (2d) 407.

follow arrest.-Sayers v. U. S., 2 F.(2d) 146. In search following arrest, papers may be seized.-Id.

Search and seizure of liquors and papers after arrest of defendant held lawful.-Id.

71 (U.S.D.C.Tenn.) Officers observing unlawful narcotic sale held to have reasonable grounds for arrest and search.-U. S. v. One Cadillac Automobile, 2 F. (2d) 886.

cannot, 71 (App.D.C.) Officers without warrant, arrest and search person conducting himself in a quiet, peaceable, and orderly manner.-Bolt v. U. S., 2 F. (2d) 922.

ASSESSMENT.

See Highways, 139-148; Municipal Corporations, 412-450; Taxation, 365.

ASSUMPTION OF RISK.

See Master and Servant, 204–219.

ATTACHMENT.

1213 (App.D.C.) Court on new trial re-
quired to submit case to jury, where appellate
court on prior appeal held evidence made ques-
tion one for jury.-U. S. ex rel. Smith v. Stew-49 (U.S.D.C.N.Y.) Contingent
art, 2 F.(2d) 936.

II. PROPERTY SUBJECT TO ATTACH-
MENT.

APPEARANCE.

19(1) (U.S.D.C.La.) Appearance held waiver of objection to jurisdiction of person.Buckley v. Delaware Louisiana Fur Trapping Co., 2 F. (2d) 180.

ARGUMENT OF COUNSEL.

See Criminal Law, 711-730.

ARMY AND NAVY.

13(2) (U.S.D.C.Cal.) No executive authority to withhold salary from naval officer.-Hetfield v. Barber, 2 F. (2d) 723.

pay

13(15) (U.S.D.C.Mass.) Withholding of naval officer to apply on alleged indebtedness to United States not authorized.-Mare v. Alexander, 2 F. (2d) 895.

512 [New, vol. 12A Key-No. Series] (U.S.C.C.A.Ohio) War risk insurance; unlawful charges by attorney.-Welty v. U. S., 2 F.(28) 562.

Attorney may assist in prosecution of claim for war risk insurance.-Id.

Indictment of attorney under War Risk Insurance Act held sufficient.-Id.

When attorney guilty of violating War Risk Insurance Act stated.-Id.

Prosecution for receiving illegal fee for prosecuting claim for war risk insurance; instructions. Id.

512 [New, vol. 12A Key-No. Series] (U.S.D.C.Ky.) District Court without jurisdiction of action on war risk policy, unless disagreement between beneficiary and Bureau

interests

not subject to attachment.-Farmers' Loan & Trust Co. v. Miller, 2 F. (2d) 493.

ATTORNEY AND CLIENT.

See Criminal Law, 711-730.

IV. COMPENSATION AND LIEN OF

ATTORNEY.

(B) Lien,

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For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same tople and KEY-NUMBER tition filed more than four months after receiv- Local law determines whether property in er acquired possession.-Neely v. McGehee, 2 hands of bankrupt was subject to levy or lien F. (2d) 853. by creditors.-Id.

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III. ASSIGNMENT, ADMINISTRATION,
AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

(A) Appointment, Qualification, and Tenure of Trustee.

127 (U.S.C.C.A.Wash.) Validity of appointment of trustee should be questioned by petition to revise within time and in manner prescribed by law. In re Rury, 2 F. (2d) 331.

Petitioner, who recognized validity of appointment of trustee for three years, estopped from objecting thereto.-Id.

Person acting as trustee held at least officer de facto, whose acts and authority could not be inquired into collaterally.-Id.

132 (U.S.C.C.A.Wash.) Trustee may not be removed by referee.-In re Rury, 2 F.(2d) 331.

(B) Assignment, and Title, Rights, and Remedies of Trustee in General. 140(1) (U.S.D.C.Del.) Failure of seller to file memorandum of sale contract with trust receipt under conditional sale act held to vest title in trustee.-In re Ford-Rennie Leather Co., 2 F.(2d) 750.

Seller under trust receipt held entitled to reclaim property and proceeds from trustee, notwithstanding noncompliance with Uniform Conditional Sales Act.-Id.

140(1) (U.S.D.C.III.) Property sold under conditional sale contract held not subject_to reclamation. In re U. S. Electrical Supply Co., 2 F. (2d) 378.

140 (2) (U.S.D.C.Tenn.) Concealment of insolvency and want of expectation of ability to pay held fraud, entitling seller to reclaim property capable of identification.-In re P. H. Krauss & Co., 2 F. (2d) 999.

Bankrupt buying, knowing he is insolvent, and that it will be impossible for him to pay, is conclusively presumed not to intend to pay.-Id. ~~140(3) (U.S.C.C.A.Mo.) To reclaim trust funds they must be identified in trustee's hands. -In re Horigan Supply Co., 2 F.(2d) 791.

140(3) (U.S.D.C.N.Y.) Estoppel to deny ownership of property.-Bryant v. Klatt, 2 F. (2d) 167.

143(1) (U.S.D.C.Del.) Title to property under conditions rendering it immune to liens by creditors not vested in bankrupt's trustee. In re Ford-Rennie Leather Co., 2 F. (2d) 750.

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(C) Preferences and Transfers by Bankrupt, and Attachments and Other Liens.

166(3) (U.S.D.C.N.Y.) Interest payments, with knowledge and intent to prefer, held illegal, under New York Stock Corporation Law. -In re German-American Improvement Co., 2 F. (2d) 991.

166(4) (U.S.C.C.A.N.D.) Chattel mortgage accepted within four-month period, with knowledge or reasonable cause to believe mortgagor insolvent, held a "preference."-Schallern Drug Co. v. McCabe, 2 F.(2d) 856,

166(4) (U.S.C.C.A.Ór.) Reasonable cause to believe payment would effect a preference must be more than ground for suspicion.-In re Solof, 2 F. (2d) 130.

Mercantile creditor receiving payments in usual course of business held not chargeable with reasonable cause to believe preference would result.--Id.

166(4) (U.S.D.C.Ga.) Creditor's actual belief in solvency of debtor is not conclusive on question whether payment constituted unlawful preference. McGee v. Branan & Carson Co., 2 F. (2d) 758.

Creditor's belief in debtor's solvency held unreasonable, and payment an unlawful preference.-Id.

178(1) (U.S.D.C.N.Y.) Sale of merchandise of bankrupt held fraudulent and voidable. -Potter v. Walker, 2 F. (2d) 774.

184(1) (U.S.C.C.A.Md.) Pledge held invalid for want of possession by pledgee.-In re Spanish-American Cork Products Co., 2 F. (2d) 203. held by

184(1) (U.S.D.C.Del.) Property bankrupt under trust receipt retaining title in seller until payment of purchase money not vested in trustee.-In re Ford-Rennie Leather Co., 2 F. (2d) 750.

184(2) (U.S.C.C.A.Ky.) Lien of unrecorded Kentucky chattel mortgage inferior to lien of trustee for prior and subsequent debts.-In re Duker Ave. Meat Market, 2 F. (2d) 699.

184(2) (U.S.D.C.Wyo.) In case of conditional sale contract, trustee has status of judgment creditor.-In re Douglas Lumber Co., 2 F. (2d) 985.

Notice to all creditors is notice to trustee. -Id.

Listing of conditional sale contracts in schedules is not notice to affect rights of trustee. -Id.

185 (U.S.C.C.A.Ga.) Trustee in bankruptcy of mortgagor held not entitled to question decree of foreclosure entered nearly two years prior.-West v. Central Union Trust Co., 2 F. (2d) 585.

185 (U.S.C.C.A.Ky.) As against chattel mortgagee, trustee has rights of any creditor under state law before bankruptcy.-In re Duker Ave. Meat Market, 2 F. (2d) 699.

185 (U.S.C.C.A.Tex.) Trustee entitled to avoid sale in violation of state Bulk Sales Law, four months limitation not being applicable.Gross v. Grossman, 2 F. (2d) 458.

pur

186(1) (U.S.D.C.N.Y.) Fraudulent chaser liable for full value of property transferred.-Potter v. Walker, 2 F.(2d) 774.

186(1) (U.S.D.C.N.Y.) Insolvent corporation's money is in trust for creditors, and payments thereof with intent to prefer renders creditor receiving payment trustee to that extent. In re German-American Improvement Co., 2 F. (2d) 991.

200(3) (U.S.C.C.A.Porto Rico) Attachment more than four months prior to bankruptcy creates valid lien.-Gatell v. Millian, 2 F.(2d) 365.

205 (U.S.C.C.A.Ga.) Trustee takes property subject to lien of decree for alimony.-Westmoreland v. Dodd, 2 F.(2d) 212.

212 (U.S.C.C.A.Porto Rico) Court may summarily order trustee to surrender property to owner.-Gatell v. Millian, 2 F.(2d) 365.

212 (U.S.D.C.Mich.) Foreign corporation held entitled to reclaim property, title to which was retained.-In re Harmony Theatre Co., 2 F. (2d) 376.

212 (U.S.D.C.Tenn.) Evidence held to show bankrupt hopelessly insolvent when ordering goods from claimant.-In re P. H. Krauss & Co., 2 F. (2d) 999.

Reclamation proceedings equitable.—Id. Evidence held to warrant finding bankrupt did not intend payment of goods purchased while insolvent warranting reclamation.-Id.

(D) Administration of Estate.

224 (U.S.C.C.A.Porto Rico) Referee is without jurisdiction to stay court proceedings.Gatell v. Millian, 2 F. (2d) 365.

225 (U.S.C.C.A.Wash.) Referee has right and duty to correct mistakes in disclaiming order. In re Rury, 2 F. (2d) 331.

228 (U.S.C.C.A.Or.) Court not bound by finding of referee from admitted or established facts. In re Solof, 2 F.(2d) 130.

241(2) (U.S.C.C.A.Tenn.) Order adjudging a bankrupt in contempt held sustained by the evidence.-Haimsohn v. U. S., 2 F.(2d) 441.

245 (U.S.C.C.A.Ky.) Trustee not creditor, but merely represents creditors.-In re Duker Ave. Meat Market, 2 F.(2d) 699.

262(1) (U.S.C.C.A.Tex.) Sale of separate tracts of bankrupt's land to highest bidder for all held properly confirmed where trustee's proposal to sell at private sale for same amount indefinite.-San Antonio Loan & Trust Co. v. Booth, 2 F. (2d) 590.

267 (U.S.C.C.A.Ohio) Liability of mortgagee for insurance premiums.-In re Rotary Tire & Rubber Co., 2 F. (2d) 364.

(E) Actions by or Against Trustee. 290 (U.S.C.C.A.Wash.) Trustee and creditor may employ same attorney to recover assets. In re Rury, 2 F. (2d) 331.

293(1) (U.S.C.C.A.III.) Bankruptcy court held to have exclusive jurisdiction to determine rights of bankrupt's lessor.-In re Hool Realty Co., 2 F. (2d) 334.

296 (U.S.D.C.Ala.) Court has power to protect its jurisdiction over bankrupt estates. -In re Montevallo Mining Co., 2 F. (2d) 979. Prosecution of suit in state court enjoined.

-Id.

303(1) (U.S.C.C.A.Ga.) Bankrupt and wife, as defendants in trustee's action to cancel bankrupt's deeds to wife, had burden of proving integrity of transaction.-Harris v. Treadaway, 2 F.(2d) 557.

303(1) (U.S.C.C.A.S.C.) Conveyance of property by bankrupt to wife while insolvent held presumptively fraudulent.-Prosser V. Chapman, 2 F. (2d) 134.

303 (1) (U.S.D.C.Wyo.) Burden rests on trustee to prove want of actual notice by creditors of conditional sale contract.-In re Douglas Lumber Co., 2 F. (2d.) 985.

303(3) (U.S.C.C.A.Ga.) Evidence held to sustain finding that deed to wife was not made with intent to hinder, delay, and defraud creditors. Harris v. Treadway, 2 F.(2d) 557.

Failure of bankrupt and wife to corroborate their testimony as to wife's payment of consideration for land conveyed by bankrupt to wife held to warrant decree canceling deed. -Id.

303 (3) (U.S.C.C.A.Tex.) Evidence held to show bankrupt's stock of merchandise was transferred with intent to defraud creditors.— Gross v. Grossman, 2 F. (2d) 458.

(F) Claims Against and Distribution of Estate.

314(4) (U.S.D.C.N.Y.) Insolvent corporation's payments of interest on note, constitut

ing unlawful preference, held not to stay running of statute of limitations against note.-In re German-American Improvement Co., 2 F. (2d) 991.

of

316(2) (U.S.C.C.A.N.M.) Provisions mortgage for attorney fees held to include attorney fees in protecting mortgagee's interests in bankruptcy court.-First Sav. Bank & Trust Co. of Albuquerque, N. M., v. Stuppi, 2 F. (2d) $22.

Attorney fees not allowable to mortgagee for services for filing petition, not being "fixed liability" and not "absolutely owing."-Id.

322 (U.S.C.C.A.N.M.) Allowance to mortgagee of only reasonable counsel fees to time of mortgagor's petition in bankruptcy held proper. -First Sav. Bank & Trust Co. of Albuquerque, N. M., v. Stuppi, 2 F.(2d) 822.

Court entitled to fix reasonable attorney fees without regard to mortgage stipulation.-Id.

323 (U.S.C.C.A.N.M.) Certain provisions of mortgage held not to entitle mortgagee to rents and profits in receiver's hands.-First Sav. Bank & Trust Co. of Albuquerque, N. M., v. Stuppi, 2 F. (2d) 822.

Mortgagee, suing for receiver subsequent to bankruptcy proceedings, held entitled to lien on rents and profits turned over by receiver.-Id. Allowance limited by allegations and prayer of claim.-Id.

Expenses caused by mortgagee instituting receivership proceedings chargeable not to general fund but against mortgaged property.-Id. 323 (U.S.C.C.A.Tex.) Mortgagee held entitled to interest out of security until entire debt paid subsequent to mortgagor's adjudication as bankrupt.-San Antonio Loan & Trust Co. v. Booth, 2 F. (2d) 590.

328 (U.S.C.C.A.Mass.) Trustee's petition for sale of bankrupt's assets and objection thereto by secured creditors held not "litigation" within statute.-In re Ragan, 2 F.(2d) 785.

328 (U.S.D.C.Pa.) Provision as to time for proof of claims is for benefit of creditors, not of bankrupt.-In re Lenox, 2 F.(2d) 92.

330 (U.S.D.C.Wash.) Claim insufficient to support preference.-In re South Bend Lumber Co., 2 F. (2d) 783.

336 (U.S.C.C.A.Mass.) Secured creditors' objection to sale of bankrupt's assets because of its lien held not proof of claim within statute which could be amended.-In re Ragan, 2 F. (2d) 785.

Granting leave to amend proof of claim discretionary, and refusal to permit amendment of insufficient claim five years after adjudication not abuse of discretion.-Id.

340 (U.S.C.C.A.Mo.) Evidence that money was furnished bankrupt business held insufficient to identify it in trustee's hands.-In re Horigan Supply Co., 2 F. (2d) 791.

No presumption against trustee from loss of documents.-Id.

~345 (U.S.c.C.A.W.Va.) Fraud of creditor, not affecting other creditors generally, not ground for disallowance of claim.-Wallace v. Ohio Valley Bank, 2_F.(2d) 53.

346 (U.S.C.C.A.Ga.) Government's claim for additional tax on excess profits earned by partnership before incorporation held entitled to priority over claims of other creditors, corporation being chargeable with notice of former partners.-Heyward v. U. S., 2 F.(2d) 467.

347 (U.S.D.C.Tenn.) Sheriff levying on property of bankrupt, but not making sale before institution of bankruptcy, not entitled to claim commissions on sales.-In re Whitley, 2 F. (2d) 889.

Sheriff's fees for levying execution not entitled to priority.-Id.

347 (U.S.D.C.Wash.) Claim for premium covering period between assignment for benefit of creditors and bankruptcy petition held preferred. In re South Bend Lumber Co., 2 F. (2d) 783.

Claim of preference for fire insurance premi

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