« 이전계속 »
w68 (U.S.D.C.Or:) Literal compliance with
Naturalization Act in matter of renouncing I. NATURE AND REQUISITES.
foreign sovereign essential.-In re Rothkowitz, (F) Hostile Character of Possession.
2 F.(20) 634. Om80(!) (U.S.D.C.La.) Prescription not sup. ported by deed with wrong description.-Dawi
ANIMALS. doff Roxana Petroleum Corporation, 2
29 (U.S.C.C.A.Ga.) Regulations and methF.(20) 370.
ods of Commissioner of Agriculture in supAGENCY.
pression of diseases of animals held accepted See Principal and Agent.
by state.-Thornton v. U. S., 2 F.(20) 561. ALIENS.
ANTI-TRUST LAWS. II. EXCLUSION OR EXPULSION. See Monopolies, 23. 23(1) (U.S.D.C.Cal.) Chinese wives and
APPEAL AND ERROR. children of domiciled merchants not admissible
nonimmigrants.-Ex parte Cheung Sum See Criminal Law, ew1023–1202; Exceptions, Shee, 2 F.(2d) 995.
Bill of. Chinese wives of citizens of Chinese descent For review of rulings in particular actions or admissible as nonim migrants.-Id.
proceedings, see also the various specific top28 (U.S.D.C.Cal.) Consular visé necessary ics. condition to right of entry of alien Chinese wives of citizens of Chinese descent.-Ex parte
III. DECISIONS REVIEWABLE. Cheung Sum Shee, 2 F.(20) 995.
(D) Finality of Determination. 32(8) (U.S.C.C.A.Cal.) Evidence held to sustain finding excluded Chinese person was
Ow82(5) (U.S.C.C.A.Alaska) Order setting over 16 years of age at time of hearing.–Fong aside sale not reviewable as a "final judgment Lim v. Nagle, 2 F.(20) 971.
or decree."-Dikeman v. Jewel Gold Mining Co.,
2 F.(20) 665. III. IMMIGRATION.
V. PRESENTATION AND RESERVATION On39 (U.S.D.C.Minn.) Act giving president
IN LOWER COURT OF GROUNDS power during war to impose restrictions on
OF REVIEW. entry of aliens continued in force by other leg- (A) Issues and Questions in Lower Court. islation.--Bennedsen v. Nelson, 2. F.(20) 296. Cm173(2) (U.S.C.C.A.Kan.) Claim not preem 40 (U.S.D.C.N.Y.) Congress has power to order deportation of undesirable aliens.-U. S. appeal.-New Amsterdam Casualty Co. v. Farm
sented in trial court cannot be considered on ex rel. Lisafeld v. Smith, 2 F.(20) 90. Om 46 (U.S.D.C.Me.) "Admits," used in
ers' Co-op. Union of Lyons, Kan., 2 F.(20)
214. statute providing for deportation of alien admitting crime, defined.-Ex parte Tozier, 2 F. (B) Objections and Motions, and Ralings (2d) 268.
Thereon, Admission of facts deemed to establish alien's 181 (U.S.C.C.A.Pa.) In absence of objec. guilt of crime not an admission of crime, war- tion at trial on exceptions to rulings, point not ranting deportation.-Id.
considered by appellate court.-Texas Co. v. Alien's testimony in extraneous case held not an admission of crime, warranting deportation. Om 205 (U.S.C.C.A.Ga.) Exclusion of evidence
Brilliant Mfg. Co., 2 F.(20) 1. -Id.
not grounds for reversal, in absence of showww53 (U.S.C.C.A.Wash.) Status of alien mem
ing as to its nature or statement of what it ber of crew of American vessel not changed, tended to prove.—Maryland Casualty Co. v. because by permission of captain he landed for Simmons, 2 F.(20) 29. few hours in foreign port.-Weedin v. Banzo Okada, 2 F.(20) 321.
(C) Exceptions. em 53' (U.S.D.C.N.Y.) Member of Communisten248 (U.S.C.C.A.Cal.) Essential purpose of party held subject to deportation.-U. S. ex rel. Lisafeld v. Smith, 2 F.(2d) 90.
exception.-Atchison, T. & S. F. Ry. Co. v. Cw54 (U.S.C.C.A.Mass.) Alien held entitled Nichols, 2. F.(20) 12. to admission as fugitive from religious perse
Om 248 (U.S.C.C.A.Pa.) Point not considered cution.-Johnson v. Tertzag, 2 F.(20) 40.
by appellate court in absence of objection at Failure to inform immigrant of rights held Brilliant Mfg. Co., 2 F.(20) 1.
trial and exceptions to rulings.-Texas Co. v. denial of fair hearing.-Id.
Immigration officials may not ignore essential Em 263(!) (U.S.C.C.A. Mich.) Errors in charge, provisions of statute.-Id.
to which no exceptions had been taken, not em 54 (U.S.C.C.A.Wash.) Five-year period, considered. - Detroit Taxicab & Transfer Co. during which alien unlawfully entering United
v. Pratt, 2 F.(20) 193. States may be deported, begins to run from date
VI. PARTIES, of prohibited entry.-Weedin v. Banzo Okada, 2 F.(20) 321.
Com 322 (U.S.C.C.A.Ark.) All parties defend. Statute prohibiting bringing aliens into Unit
ant against whom decree has been rendered ed States not applicable to member of crew,
are necessary parties appellant.-Arkansas Anwho had previously unlawfully entered, and de
thracite Coal & Land Co. v. Stokes, 2 F.(20) portation more than five years after original
511. entry not authorized.--Id.
Party defendant against whom no valid judgCm 54 (U.S.D.C.N.Y.) Grounds for review of
ment could be entered not necessary party ap. deportation proceedings.-U. S. ex rel. Lisa- pellant.-Id. feld v. Smith, 2 F.(20) 90.
cm336(1) (U.S.C.C.A.Ark.) Failure of all Deportation of alien; "country whence he
parties defendant against whom decree has came."'-Id.
been rendered to join in appeal requires disCircumstances may excuse delay in execu
missal.--Arkansas Anthracite Coal & Land Co. tion of order of deportation.-Id.
v. Stokes, 2 F.(20) 511. 54 (U.S.D.C.N.Y.) Evidence held to sustain
VII. REQUISITES AND PROCEEDINGS exclusion of immigrant claiming citizenship.
FOR TRANSFER OF CAUSE. U. S. v. Curren, 2 F.(20) 179.
(A) Time of Taking Proceedings. IV. NATURALIZATION.
Com 353 (U.S.C.C.A.Mo.) Time for filing writ Em 68 (U.S.C.C.A.Utah) Same witnesses need of error cannot be extended by nunc pro tunc not verify as to all of five years' required resi- order.-Boatmen's Bank v. Atchison, T. & S. dence.-U. S. v. Streuli, 2 F.(20) 796.
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 Lack of evidence of reasonable value of stock of error cannot be extended by nunc pro tunc surrendered by plaintiff, for which stock of order or by consent.–Boatmen's Bank v. Atchi- defendant was to be issued, held not to require son, T. & S. F. Ry. Co., 2 F.(20) 972.
Om882(14) (U.S.C.C.A.Ohio) Party held not X. RECORD AND PROCEEDINGS NOT IN
entitled to complain of withdrawal of question RECORD.
from jury.-Aldrich v. Erie R. Co., 2 F.(20) (B) Scope and Contents of Record. 439. mw537 (U.S.C.C.A.Cal.) When exceptions to
(E) Presumptions. rulings at trial can be considered by appellate 927(1) (App.D.C.) Testimony taken in light court.-Atchison, T. & S. F. Ry. Co. v. Nichols, most favorable to plaintiff in determining wheth2 F.(20) 12.
er court erred in submitting particular issue.
Baltimore & O. R. Co. v. Fidelity Storage Co., (C) Necessity of Bill of Exceptions, Case,
2 F.(20) 310. or Statement of Facts.
O 927(7) (App.D.C.) Facts considered most m544(1) (U.S.C.C.A.Pa.) Rulings not re- favorably to plaintiff's case, where lower court viewable without bill of exceptions.-Texas Co. directed verdict for defendant.-Bennett Y. v. Brilliant Mfg. Co., 2 F.(20) 1.
Washington Terininal Co., 2 F.(20) 913. Om544 (1) (U.S.C.C.A.Tex.) Without bill of 93011) (App.D.C.) Court of Appeals must exceptions, motion for continuance and ruling assume facts to be as found by jury.-Lake v. thereon not considered on appeal.—Patterson Parker, 2 F.(20) 127. Oil Co. v. Brodhead, 2 F.(20) 598.
w930 (2) (U.S.C.C. A. Mass.) Unwarranted 555 (U.S.C.C.A.Cal.) Matters brought up statement of counsel, not based on evidence, by writ of error after bill of exceptions
strick- held not to require mistrial.-U. S. v. Nickeren.-Atchison, T. & S. F. Ry. Co. v. Nichols, son, 2 F.(20) 502. 2 F.(2d) 12.
(F) Discretion of Lower Court. (F) Making, form, and Reguisites of
978(3) (U.S.C.C.A.Ohio) Failure of juror Transcript or Return.
to disclose facts not required by questions ask607 (2) (U.S.C.C.A.Ga.) Filing of præcipe ed held, on the facts, not ground for reversal. for transcript, with proof of service, essential - Pennsylvania R. Co. v. Thomas, 2 F.(20) to appeal.-Wade v. Leach, 2 F.(20) 367.
Om979(5) (U.S.C.C.A.Mich.) Circuit Court of (K) Questions Presented for Review.
Appeals cannot determine whether verdict is ww684(2) (U.S.C.C.A.Tex.) Denial of motion excessive but whether court abused discretion for continuance not reviewable, in absence of in granting or refusing new trial on ground of showing facts alleged as grounds for motion excessiveness.-Detroit Taxicab & Transfer Co. were admitted or proved. - Patterson Oil Co. v. Pratt, 2 F.(20) 193. v. Brodhead, 2 F.(20) 598.
ww690 (4) (U.S.C.C.A.Tex.) Assignments of (G) Questions of Fact, Verdicts, and error in admission of evidence, not set out in
Findings. accordance with court rule and not orally_ar- Om987 (2) (U.S.C.C.A.Ohio) No review of gued, will not be considered.-Farmers' Life weight of evidence.--Goodwin v. U. S., 2 F. Îns. Co. of Denver, Colo., y. Barker, 2 F.(20) (20) 200. 468.
Cm995 (U.S.C.C.A.Mich.) Circuit Court of em 694(1) (U.S.C.C.A.S.C.) Findings of fact Appeals cannot weigh evidence.- Detroit Taxiby master concurred in by trial court held not cab & Transfer Co. v. Pratt, 2 F.(20) 193. reviewable where evidence is not in the record. (ww999 (I) (App.D.C.) Verdict of properly in-Prosser v. Chapman, 2 F.(20) 134.
structed jury on question of fact not disturb
ed.-U. S. ex rel. Smith v. Stewart, 2 F.(20) (L) Matters Not Apparent of Record. 936. Cm717. (U.S.C.C.A.Ala.) Statement of court C1001(1) (U.S.C.C.A.Ohio) Misbranding bein denying motion for new trial not considered ing charged generally, general verdict sustained on appeal from judgment rendered on verdict. on substantial evidence of any statement on -Pullman Co. v. Culbreth, 2 F.(20) 540.
label being false or fraudulent.-Goodwin v. Om717 (U.S.C.C.A.Tex.) Assignments of er
U. S.. 2 F.(20) 200. rór, complaining of findings of fact and of law, 1003 (U.S.C.C.A.Wash.) Appellate court in cannot be predicated on oral opinion, where reviewing verdict not authorized to weigh evispecific findings not made.-Farmers' Life Ins. dence.-Phænix Ins. Co. v. Bakovic, 2 F.(20) Co. of Denver, Colo., v. Barker, 2 F.(2d) 468.
mm 1004(1) (U.S.C.C.A.Mich.) Circuit Court XI. ASSIGNMENT OF ERRORS.
of Appeals cannot determine whether verdict is
excessive.-Detroit Taxicab & Transfer Co. v. Ow728(1) (U.S.C.C.A.M.) Assignment not
Pratt, 2 F.(20) 193. complying with rule 11 of Circuit Court of
em 1009 (3) (U.S.C.C.A.Ark.) Appeals not considered.-Walton Trust Co. v.
court sitting as chancellor presumptively corTaylor, 2 F.(20) 342.
rect.-Road Improvement Dist. No. 1 of FrankXVI. REVIEW.
lin County, Ark., v. Missouri Pac. R. Co., 2
F.(2d) 340. (A) Scope and Extent in General.
om 1009 (4) (U.S.C.C.A.Ark.) Finding of trial 850(2) (U.S.C.C.A.Or.) Only wrongful ad- judge in equity will be reversed if clearly mission or rejection of evidence reviewable against weight of evidence.-Kansas City Southwhere jury waived and findings general.-Ra. ern Ry. Co. v. May, 2 F.(20) 680. jotte-Winters v. Whitney Co., 2 F.(2d) 801. Om 866(3) (U.S.C.C.A.S.D.) On case tried by
(H) Harmless Error. court on oral waiver of jury, in absence of case Om 1054 (3) (U.S.C.C.A.III.) Chancery decree, stated, appellate court can review only ques
sustained by evidence, not reversed for incomtions which arise on process, pleadings, or
petent evidence.--Lackner v. McKechney, 2 F. judgment.-National City Bank of Chicago v.
(20) 516. Kimball Commercial & Savings Bank, 2 F.(20)
Om 1056(2) (U.S.C.C.A.Ohio) Exclusion of 461.
testimony held harmless error.-Davis v. Jes(C) Parties Entitled to Allege Error.
sup, 2 F.(20) 433.
1057 (1) (U.S.C.C.A.Pa.) Exclusion of letm882(3) (U.S.C.C.A.Ark.) Trial below ter held not prejudicial error.-Texas Co. v. erroneous theory not ground for reversal Brilliant Mfg.Co., 2 F.(20) 1. where appellant acquiesced.-Arkansas Anthra- 1061 (4) (App.D.C.) Refusal to direct vercite Coal & Land Co. v. Stokes, 2 F.(20) 511. dict on one count held harmless, in view of ver
dict for amount less than that claimed by other of War Risk Insurance is alleged.-Howard v. count.-Lake v. Parker, 2 F.(20) 127.
U. S., 2 F.(20) 170. Om 1068 (4) (U.S.C.C.A.Tenn.) Contradictory Claimant, as beneficiary of war risk policy, instructions held not prejudicial.-Memphis pot entitled to benefit, except by reason of reFurniture Mfg. Co. y. Wemyss Furniture Co., lationship.-Id. 2 F.(20) 428.
Father of illegitimate child cannot be made
latter's beneficiary of war risk policy; "par(1) Error Waived in Appellate Court. ent;" "father."-Id. Om 1078(4) (U.S.C.C.A.Tex.) Assignments of When person stands "in loco parentis," witherror in admission of evidence, not set out in in war risk insurance, stated.--Id. accordance with court rule and not orálly argued, will not be considered.--Farmers' Life
ARREST, Ins. Co. of Denver, Colo., v. Barker, 2 F.(20)
II. ON CRIMINAL CHARGES. 468. (K) Subsequent Appeals.
en 63(1) (App.D.C.) Officer cannot, without
warrant, arrest person conducting himself in 1097 (2) (U.S.C.C.A.III.) Former decision held not to involve such injustice as to deprive
a quiet, peaceable, and orderly manner.-Bolt it of conclusiveness.-Lackner v. McKechney, 63(4) (U.S.D.C.Tenn.) Officers observing
v. U. S., 2 F.(20) 922. 2 F.(2d) 516.
unlawful narcotic sale held to have reasonable Omw 1099 (10) (U.S.C.C.A.Md.) Judgment con
grounds for arrest.-U. S. v. One Cadillac Auforming to prior decision and remand will not again be reviewed.—Davis v. Dexter & Carpen- m71 (U.S.C.C.A.Wash.) Search may lawfully
tomobile, 2 F.(20) 886. ter, 2 F.(20) 59.
follow arrest.-Sayers v. U. S., 2 F.(20) 146.
In search following arrest, papers may be XVII. DETERMINATION AND DISPOSITION OF CAUSE.
Search and seizure of liquors and papers aft(D) Reversal.
er arrest of defendant held lawful.-Id. Om 1170(1) (U.S.C.C.A.Wash.) Where all is- Om7! (U.S.D.C.Tenn.) Officers observing un. sues including equitable defense tried on law lawful narcotic sale held to have reasonable side of court," Circuit Court of Appeals consid- grounds for arrest and search.-U. S. v. One ers substance only.- Fiorito v. Clyde Equip- Cadillac Automobile, 2 F.(20) 886. ment Co., 2 F.(20) 807.
Om71 (App.D.C.) Officers cannot, without
warrant, arrest and search person conducting (F) Mandate and Proceedings in Lower
himself in a quiet, peaceable, and orderly manCourt.
ner.-Bolt v. U. S., 2 F.(20) 922. 1194(2) (U.S.C.C.A.Porto Rico) Mandate on reversal held to leave question of merits
ASSESSMENT. open.-Gandia v. Porto Rico Fertilizer Co., 2 F.(20) 641.
See Highways, em 139–148; Municipal Corpom1198 (U.S.C.C.A.Nev.) Order directing re- rations, On 412-450; Taxation, 365. ceiver to dispose of property, but not to commit default under deed of trust, held not abuse
ASSUMPTION OF RISK. of discretion, under order of Circuit Court of
See Master and Servant, em 204–219.
ATTACHMENT. Om 1213 (App.D.C.) Court on new trial required to submit case to jury, where appellate II. PROPERTY SUBJECT TO ATTACHcourt on prior appeal held evidence made ques
MENT. tion one for jury.-U. S. ex rel. Smith v. Stew. m49 (U.S.D.C.N.Y.) Contingent interests art, 2 F.(20) 936.
not subject to attachment.-Farmers' Loan &
Trust Co. v. Miller, 2 F.(20) 493.
ATTORNEY AND CLIENT.
IV. COMPENSATION AND LIEN OF
(B) Lien. See Criminal Law, m711-730.
em 174 (App.D.C.) Attorney's claim for amount
due from legatee for costs and expenses held ARMY AND NAVY.
not secured by lien.-Fletcher v. Kellogg, 2 F.
(20) 315. 13(2) (U.S.D.C.Cal.) No executive author
AUTOMOBILES. ity to withhold salary from naval officer.-Hetfield v. Barber, 2 F.(20) 723.
See Livery Stable and Garage Keepers. 13(15) (U.S.D.C. Mass.) Withholding pay of naval officer to apply on alleged indebtedness
BAILMENT. to United States not authorized.--Mare y. Al
See Pledges. exander, 2 F.(20) 895.
BANKRUPTCY. Om5112 [New, vol. 12A Key-No. Series] (U.S.C.C.A.Ohio) War risk insurance;
I. CONSTITUTIONAL AND STATUTORY
PROVISIONS. unlawful charges by attorney.-Welty v. U. S., 2 F.(23) 562.
Ow9(2) (U.S.C.C.A.Mich.) Statute relative to Attorney may assist in prosecution of claim dissolution of corporations held not insolvency for war risk insurance.--Id.
statute, suspended by Bankruptcy Act, as apIndictment of attorney under War Risk In- plied to solvent corporations.-Vassar Foundry surance Act held sufficient.-Id.
Co. v. Whiting Corporation, 2 F.(20) 240. When attorney guilty of violating War Risk Insurance Act stated.-Id.
II. PETITION, ADJUDICATION, WAR.
RANT, AND CUSTODY OF Prosecution for receiving illegal fee for
PROPERTY. prosecuting claim for war risk insurance; instructions.-Id.
(A) Jurisdiction and Conrse of Procedure Ca 5112 [New, vol. 12A Key-No. Series)
in '(U.S.D.C.Ky.) District Court without Can 20 (2) (U.S.C.C.A.Miss.) State court's jujurisdiction of action on war risk policy, unless risdiction over property in possession of its disagreement between beneficiary and Bureau receiver not affected by adjudication under pe.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic 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.(20) 853.
by creditors.-Id. (B) Voluntary Proceedings.
(C) Preferences and Transfers by BankEmw43 (U.S.C.C.A.Mich.) Dissolved corpora
rupt, and Attachments and Other tion could not become voluntary bankrupt.
Liens. Vassar Foundry Co. v. Whiting Corporation, 166(3) (U.S.D.C.N.Y.) Interest payments, 2 F.(20) 240. Om47 (U.S.C.C.A.Mich.) Creditors held enti
with knowledge and intent to prefer, held iltled to object to voluntary proceedings on
legal, under New York Stock Corporation Law.
-In re German-American Improvement Co., 2 ground that there was no bankrupt in existence.- Vassar Foundry Co. v. Whiting Cor
w 166 (4) (U.S.C.C.A.N.D.) Chattel mortgage poration, 2 F.(20) 240.
accepted within four-month period, with knowl(C) Involuntary Proceedings.
edge or reasonable cause to believe mortgagor
insolvent, held a "preference."-Schallern Drug Om 60 (U.S.D.C.Pa.) Appointment of receivers Co. v. McCabe, 2 F.(20) 856, for corporation held not act of bankruptcy.-In Om 166(4) (U.S.C.C.A.Or.) Reasonable cause re Keystone Auto Gas & Oil Service Co., 2
to believe payment would effect å preference F.(20) 1007.
must be more than ground for suspicion.-In m77 (U.S.D.C.Mass.) That claims against
re Solof, 2 F.(2d) 130. bankrupt are trivial in amount held no ground Mercantile creditor receiving payments in for not enumerating them.-In re Alden, 2 usual course of business held not chargeable F.(20) 61.
with reasonable cause to believe preference
would result.--Id. (D) Warrant and Custody of Property.
em 166(4) (U.S.D.C.Ga.) Creditor's actual bemm 114(1) (U.S.D.C.Pa.) Accounts of estates lief in solvency of debtor is not conclusive on of partnership and individual partners to be sep- question whether payment constituted unlawful arately kept.-In re Eberhardt, 2 F.(20) 778. preference.--McGee v. Branan & Carson Co.,
Receiver held not chargeable with interest. 2 F.(20) 758. -Id.
Creditor's belief in debtor's solvency held unReceiver not required to file formal invento- reasonable, and payment an unlawful preferry.--Id.
Cm 178(1) (U.S.D.C.N.Y.) Sale of merchanIII. ASSIGNMENT, ADMINISTRATION, dise of bankrupt held fraudulent and voidable, AND DISTRIBUTION OF BA
-Potter v. Walker, 2 F.(2d) 774.
Om 184(1) (U.S.C.C.A.Md.) Pledge held invalid (A) Appointment, Qualification, and Ten- for want of possession by pledgee.--In re Spannre of Trustee.
ish-American Cork Products Co., 2 F.(20) 203. Owl 27 (U.S.C.C.A.Wash.) Validity of appoint- Om 184(1) (U.S.D.C.Del.) Property held by ment of trustee should be questioned by peti- bankrupt under trust receipt retaining title tion to revise within time and in manner pre
in seller until payment of purchase money not scribed by law.-In re Rury, 2 F.(20) 331. vested in trustee.-In re Ford-Rennie Leather
Petitioner, who recognized validity of ap- Co., 2 F.(20) 750. pointment of trustee for three years, estopped On 184(2) (U.S.C.C.A.Ky.) Lien of unrecordfrom objecting thereto.--Id.
ed Kentucky chattel mortgage inferior to lien Person acting as trustee 'held at least officer of trustee for prior and subsequent debts.-In de facto, whose acts and authority could not re Duker Ave. Meat Market, 2 F.(20) 699. be inquired into collaterally.-Id.
Om 184(2) (U.S.D.C.Wyo.) In case of condimm 132 (U.S.C.C.A.Wash.) Trustee may not tional sale contract, trustee has status of judgbe removed by referee.-In re Rury, 2 F.(20) ment creditor.-In re Douglas Lumber Co., 2 331.
Notice to all creditors is notice to trustee. (B) Assignment, and Title, Rights, and -Id. Remedies of Trustee in General.
Listing of conditional sale contracts in sched140(1) (U.S.D.C.Del.) Failure of seller to ules is not notice to affect rights of trustee. file memorandum of sale contract with trust re. -Id. ceipt under conditional sale act held to vest ti- 185 (U.S.C.C.A.Ga.) Trustee in bankrupttle in trustee.-In re Ford-Rennie Leather Co., cy of mortgagor held not entitled to question 2 F.(20) 750.
decree of foreclosure entered nearly two years Seller under trust receipt held entitled to re- prior.-West v. Central Union Trust Co., 2 claim property and proceeds from trustee, not- F.(2d) 585. withstanding noncompliance with Uniform Con- m185 (U.S.C.C.A.Ky.) As against chattel ditional Sales Act.-Id.
mortgagee, trustee has rights of any creditor 140(1). (U.S.D.C.III.) Property sold under under state law before bankruptcy.-In re Dukconditional sale contract held not subject to er Ave. Meat Market, 2 F.(20) 699. reclamation.-In re U. S. Electrical Supply Co., 185 (U.S.C.C.A.Tex.) Trustee entitled to 2 F.(20) 378.
avoid sale in violation of state Bulk Sales Law, Om 140 (2) (U.S.D.C.Tenn.) Concealment of four months limitation not being applicable. insolvency and want of expectation of ability to Gross v. Grossman, 2 F.(20) 458. pay held fraud, entitling seller to reclaim prop- Om 186(1) (U.S.D.C.N.Y.) Fraudulent purerty capable of identification.-In re P. H. chaser liable for full value of property transKrauss & Co., 2 F.(20) 999.
ferred.--Potter v. Walker, 2 F.(20) 774. Bankrupt buying, knowing he is insolvent, em 186(1) (U.S.D.C.N.Y.) Insolvent corporaand that it will be impossible for him to pay, is tion's money is in trust for creditors, and payconclusively presumed not to intend to pay.-Id. ments thereof with intent to prefer renders
140 (3) (U.S.C.C.A.Mo.) To reclaim trust creditor receiving payment trustee to that exfunds they must be identified in trustee's hands. tent.-In re German-American Improvement -In re Horigan Supply Co., 2 F.(20) 791. Co., 2 F.(20) 991. ww140(3) (U.S.D.C.N.Y.) Estoppel to deny Om 200(3) (U.S.C.C.A.Porto Rico) Attachment ownership of property.--Bryant v. Klatt, 2 more than four months prior to bankruptcy F.(20) 167.
creates valid lien.-Gatell v. Millian, 2 F.(20) em 143(1) (U.S.D.C.Del.) Title to property 365. under conditions rendering it immune to liens w205 (U.S.C.C.A.Ga.) Trustee takes properby creditors not vested in bankrupt's trustee, ty subject to lien of decree for alimony.--West-In re Ford-Rennie Leather Co., 2 F.(20) 750. moreland v. Dodd, 2 F.(20) 212.
em212 (U.S.C.C.A.Porto Rico) Court may sum- ing unlawful preference, held not to stay runmarily order trustee to surrender property to ning of statute of limitations against note.-In owner.--Gatell v. Millian, 2 F.(20) 365.
re German-American Improvement Co., 2 212 (U.S.D.C.Mich.) Foreign corporation F.(2d) 991. held entitled to reclaim property, title to which 316(2) (U.S.C.C.A.N.M.) Provisions was retained.-In re Harmony Theatre Co., 2 mortgage for attorney fees held to include atF.(20) 376.
torney fees in protecting mortgagee's interests 212 (U.S.D.C.Tenn.) Evidence held to in bankruptcy court.--First Sav. Bank & Trust show bankrupt hopelessly insolvent when or- Co. of Albuquerque, N. M., v. Stuppi, 2 F.(20) dering goods from claimant.-In re P. H. 822. Krauss & Co., 2 F.(20) 999.
Attorney fees not allowable to mortgagee for Reclamation proceedings equitable.--Id. services for filing petition, not being fixed lia
Evidence held to warrant finding bankrupt did bility” and not absolutely owing."--Id. not intend payment of goods purchased while Om 322 (U.S.C.C.A.N.M.) Allowance to mort. insolvent warranting reclamation.-Id.
gagee of only reasonable counsel fees to time of
mortgagor's petition in bankruptcy held proper. (D) Administration of Estate.
--First Sav. Bank & Trust Co. of Albuquerque, m224 (U.S.C.C.A.Porto Rico) Referee is with- N. M., v. Stuppi, 2 F.(20) 822. out jurisdiction to stay court proceedings. Court entitled to fix reasonable attorney fees Gatell v. Millian, 2 F.(20) 365.
without regard to mortgage stipulation.-Id. em 225 (U.S.C.C.A.Wash.) Referee has right cm323 (U.S.C.C.A.N.M.) Certain provisions and duty to correct mistakes in disclaiming or- of mortgage held not to entitle mortgagee to der.-In re Rury, 2 F.(2d) 331.
rents and profits in receiver's hands. First am228 (U.S.C.C.A.Or.) Court not bound by Sav. Bank & Trust Co. of Albuquerque, N. M., finding of referee from admitted or established v. Stuppi, 2 F.(20) 822. facts.-In re Solof, 2 F.(20) 130.
Mortgagee, suing for receiver subsequent to Cm 241(2) (U.S.C.C.A.Tenn.) Order adjudg- bankruptcy proceedings, held entitled to lien on ing a bankrupt in contempt held sustained by rents and profits turned over by receiver.-Id. the evidence.-Haim'sohn v. U. S., 2 F.(20) Allowance limited by allegations and prayer 441.
of claim.-Id. Cm 245 (U.S.C.C.A.Ky.) Trustee not creditor, Expenses caused by mortgagee instituting rebut merely represents creditors.-In re Duker ceivership proceedings chargeable not to genAve. Meat Market, 2 F.(20) 699.
eral fund but against mortgaged property.-Id. 262(1) (U.S.C.C.A.Tex.) Sale of separate 323 (U.S.C.C.A.Tex.) Mortgagee held entracts of bankrupt's land to highest bidder for titled to interest out of security until entire all 'hela properly confirmed where trustee's debt paid subsequent to mortgagor's adjudicaproposal to sell at private sale for same amount tion as bankrupt.-San Antonio Loan & Trust indefinite.-San Antonio Loan & Trust Co. v. Co. v. Booth, 2 F.(2d) 590. Booth, 2 F.(20) 590.
Ow328 (U.S.C.C.A.Mass.) Trustee's petition 267 (U.S.C.C.A.Ohio) Liability of mortga- for sale of bankrupt's assets and objection gee for insurance premiums.-In re Rotary Tire thereto by secured creditors held not "litiga& Rubber Co., 2 F.(20) 364.
tion” within statute.-In re Ragan, 2 F.(20)
785. (E) Actions by or Against Trustee.
em328 (U.S.D.C.Pa.) Provision as to time for ww290 (U.S.C.C.A.Wash.) Trustee and cred- proof of claims is for benefit of creditors, not itor may employ same attorney to recover as- of bankrupt.-In re Lenox, 2 F.(20) 92. sets.--In re Rury, 2 F.(20) 331.
Omw330 (U.S.D.C.Wash.) Claim insufficient to m293(1) (U.S.C.C.A.III.) Bankruptcy court support preference.-In re South Bend Lumber held to have exclusive jurisdiction to determine Co., 2 F.(20) 783. rights of bankrupt's lessor.-In re Hool Realty Cm336 (U.S.C.C.A.Mass.) Secured creditors' Co., 2 F.(20) 334.
objection to sale of bankrupt's assets because 296 (U.S.D.C.Ala.) Court has power to of its lien held not proof of claim within statprotect its jurisdiction over bankrupt estates. ute which could be amended.-In re Ragan, 2 -In rė Montevallo Mining Co., 2 F.(20) 979.
F.(20) 785. Prosecution of suit in state court enjoined. Granting leave to amend proof of claim dis-Id.
cretionary, and refusal to permit amendment 303(1) (U.S.C.C.A.Ga.) Bankrupt and wife, of insufficient claim five years after adjudicaas defendants in trustee's action to cancel tion not abuse of discretion.-Id. bankrupt's deeds to wife, had burden
of proving 340 (U.S.C.C.A.Mo.) Evidence that money integrity of transaction.-Harris v. Treadaway, was furnished bankrupt business held insuffi2 F.(20) 557.
cient to identify it in trustee's hands.-In re 6-303() (U.S.C.C.A.S.C.) Conveyance of Horigan Supply Co., 2 F.(20) 791. property by bankrupt to wife while insolvent No presumption against trustee from loss of held presumptively fraudulent.-Prosser documents.---Id. Chapman, 2 F.(20) 134.
ww345 (U.S.C.C.A.W.Va.) Fraud of creditor, 303(1) (U.S.D.C.Wyo.) Burden rests on not affecting other creditors generally, not trustee to prove want of actual notice by cred- ground for disallowance of claim.-Wallace v. itors of conditional sale contract.-In re Doug- Ohio Valley Bank, 2 F.(20) 53. las Lumber Co., 2 F.(2d.) 985.
Cm 346 (U.S.C.C.A.Ga.) Government's claim 313(3) (U.S.C.C.A.Ga.) Evidence held to for additional tax on excess profits earned by sustain finding that deed to wife was not made partnership before incorporation held eptitled with intent to hinder, delay, and defraud credi- to priority over claims of other creditors, cortors.--Harris v. Treadway, 2 F.(20) 557. poration being chargeable with notice of former
Failure of bankrupt and wife to corroborate partners.--Heyward v. U. S., 2 F.(20) 467. their testimony as to wife's payment of con- 347 (U.S.D.C.Tenn.) Sheriff levying on sideration for land conveyed by bankrupt to property of bankrupt, but not making sale bewife held to warrant decree canceling deed. fore institution of bankruptcy, not entitled to -Id.
claim commissions on sales.-In re Whitley, 2 Cam 303(3) (U.S.C.C.A.Tex.) Evidence held to F.(20) 889. show bankrupt's stock of merchandise was Sheriff's fees for levying execution not entitransferred with intent to defraud creditors.- tled to priority.-Id. Gross v. Grossman, 2 F.(20) 458.
Om 347 (U.S.D.C.Wash.) Claim for premium
covering period between assignment for bene(F) Claims Against and Distribution of fit of creditors and bankruptcy petition held Estate.
preferred.-In re South Bend Lumber Co., 2 314(4) (U.S.D.C.N.Y.) Insolvent corpora- F.(20) 783. tion's payments of interest on note, constitut- Claim of preference for fire insurance premi