rather than exchange, for demurrage charges on cars held by exchange.-Id. That rule of coal exchange enabled railroad to charge demurrage on cars not actually detained held not to render tariff rule affecting demurrage unreasonable.-Id. (K) Discrimination and Overcharge. 200 (U.S.D.C.N.Y.) Shipper, making no request for rates between points constituting most direct route, as to which there was no published tariff, not entitled to refund of freight charges in excess of reasonable rate on shorter route.-Swift & Co. v. New York Cent. R. Co., 3 F. (2d) 826. IV. CARRIAGE OF PASSENGERS. (D) Personal Injuries. 3 (U.S.C.C.A.Vt.) Member of Mongolian race, born in United States of parents subject to its jurisdiction, is "citizen" of United States.-Soo Hoo Yee v. U. S., 3 F. (2d) 592. 9(U.S.D.C.N.Y.) Later of two statutes on same subject-matter prevails.-U. S. v. Tod, 3 F. (2d) 836. Feeble-minded child, permitted to enter country temporarily under bond, not "dwelling" in country within naturalization statute.-Id. CIVIL RIGHTS. 280(1) (U.S.C.C.A.Mass.) Care required of See Constitutional Law, ~90. railroad to passenger under law of Costa Rica stated.-Page v. United Fruit Co., 3 F. (2d) 747. 284(2) (U.S.C.C.A.Mass.) Passenger on train in Costa Rico held not to have assumed risk of being shot by soldiers searching for revolutionists.-Page v. United Fruit Co., 3 F. (2d) 747. 318(1) (U.S.C.C.A.Mass.) Evidence held to warrant finding railroad in Costa Rica negligently failed to inform officers of troop train of harmless character of occupants of passenger train.-Page v. United Fruit Co., 3 F. (2d) 747. CERTIORARI. 1. NATURE AND GROUNDS. CLASS LEGISLATION. See Constitutional Law, 229–251. CLEARING HOUSES. See Banks and Banking, 319, 320. COLLISION. VII. VESSELS AT REST, AT ANCHOR, OR AT PIERS. 68 (U.S.C.C.A.N.Y.) It is a fault for a barge to be without an anchor.-The Red Eagle, 3 F.(2d) 541. 70 (U.S.C.C.A.N.Y.) Master of stakeboat (U.S.D.C.Wash.) Scope of remedy.-U. not under duty to look after fastenings of boats S. v. Elliott, 3 F. (2d) 496. II. PROCEEDINGS AND DETERMINATION. moored to it.-The Red Eagle, 3 F. (2d) 541. 71 (3) (U.S.C.C.A.N.Y.) Rendering of lines of barges moored to stakeboat, causing flotilla to drift, held proximate cause of collision with other vessels.-The Red Eagle, 3 F.(2d) 541. 37 (U.S.D.C.Wash.) Court cannot enjoin strangers to the action.-U. S. v. Elliott, 371 (3) (U.S.D.C.Wash.) Anchorage of log F. (2d) 496. See Equity. CHANCERY. CHATTEL MORTGAGES. 1. REQUISITES AND VALIDITY. (A) Nature and Essentials of Transfers of Chattels as Security. 5 (U.S.D.C.Fla.) Instrument held chattel mortgage. In re Farmers' Co-op. Ass'n of Marion County, Fla., 3 F.(2d) 708. (D) Validity. 74 (U.S.D.C.Va.) Mortgage void as to part of property covered held void in entirety. -U. S. v. Lankford, 3 F. (2d) 52. V. RIGHTS AND REMEDIES OF CREDITORS. 190(1) (U.S.D.C.Va.) Provision authorizing mortgagor to sell and take the profits renders mortgage void.-U. S. v. Lankford, 3 F. (2d) 52. VII. REMOVAL OR TRANSFER OF PROPERTY BY MORTGAGOR. (A) Rights and Liabilities of Parties. 219 (U. S. D. C. Va.) Rendered invalid as against creditors by sales by mortgagor with knowledge of mortgagee.-U. S. v. Lankford, 3 F. (2d) 52. IX. FORECLOSURE. 262(1) (U.S.C.C.A.N.Y.) Rules as to auction sales do not apply literally to sales by chattel mortgagees in New York.-In re Packard Press, 3 F. (2d) 232. raft, in harbor without written permit not a bar to recovery of damages.-The Libby Maine, 3 F.(2d) 79. VIII. LIGHTS, SIGNALS, AND LOOKOUTS. 75 (U.S.D.C.N.J.) Rule of International Rules of Navigation requiring stern light on vessel being overtaken by another is mandatory. The Augusta G. Hilton, 3 F. (2d) 808. 79 (U.S.D.C.N.J.) Evidence held to prove owner of schooner at fault because of failure to maintain stern light, while being overtaken by respondent's steamship.-The Augusta G. Hilton, 3 F. (2d) 808. IX. FOG OR THICK WEATHER. 81 (U.S.D.C.Wash.) A log raft is a "vessel," subject to the rules as to fog signals.-The Libby Maine, 3 F. (2d) 79. 82 (2) (U. S. D. C. Wash.) Vessel entering harbor in fog held in fault for collision with anchored flotilla of logs.-The Libby Maine, 3 F. (2d) 79. X. NARROW CHANNELS, HARBORS, RIVERS, AND CANALS. 90 (U.S.C.C.A.N.Y.) Buttermilk Channel is a "narrow channel."-The Dauntless, 3 F. (2d) 529. 95(4) (U.S.C.C.A.Md.) Steamer held solely in fault for collision with tow at night.-The Lizzie M. Walker, 3 F. (2d) 921. 95 (4) (U.S.C.C.A.N.Y.) Tug held solely in fault for collision for violation of rules.-The Dauntless, 3 F.(2d) 529. 104 (U.S.C.C.A.Md.) Where fault of one vessel is gross, contributory fault must be clearly shown.-The Lizzie M. Walker, 3 F. (2d) 921. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER XI. SPECIAL CIRCUMSTANCES AND ER RORS IN EXTREMIS. COMMUNITY PROPERTY. 106 (U.S.C.C.A.N.Y.) Lighter leaving pier See Husband and Wife, 257–276. and passing vessels all held in fault.-The Penoles, 3 F. (2d) 761. XII. SUITS FOR DAMAGES. 126 (U.S.D.C.Pa.) Damages recoverable considered.-The Benjamin A. Van Brunt, 3 F. (2d) 655. 128 (U.S.D.C.Pa.) Measure of damages for loss of vessel.-The Benjamin A. Van Brunt, 3 F.(2d) 655. Loss of vessel; loss of profits of future charter not an element of damages.-Id. 133 (U.S.D.C.Pa.) Measure of damages for loss of vessel is market value, if that can be shown.-The Benjamin A. Van Brunt, 3 F. (2d) 655. Where the cost of repairing an injured vessel exceeds her market value, that value is the measure of damages.-Id. COMMERCE. II. SUBJECTS OF REGULATION. 27(6) (U.S.C.C.A.Tenn.) Outgoing trip to distribute empty cars, and return trip to pick up loaded ones held separate, though made pursuant to one order.-Grigsby v. Southern Ry. Co., 3 F. (2d) 988. 27(7) (U.S.C.C.A.Ohio) Employee killed when moving car to make up train held employed in "interstate commerce."-Pennsylvania R. Co. v. Morrison, 3 F. (2d) 986. 27 (7) (U.S.C.C.A.Ohio) Brakeman held employed in "interstate commerce" when injured.-Baltimore & O. R. Co. v. Darling, 3 F. (2d) 987. Work of brakeman when injured held a part of interstate commerce.-Id. 27(7) (U.S.C.C.A.Tenn.) Brakeman, while switching, held not employed in "interstate commerce" at time of death.-Grigsby Southern Ry. Co., 3 F. (2d) 988. v. in 27(8) (U.S.C.C.A.Ala.) Railroad car spector held employed in "interstate commerce" when killed.-St. Louis-San Francisco Ry. Co. v. Mills, 3 F. (2d) 882. 27(8) (U.S.D.C.Wash.) Railroad employee, helping to dismantle engine, held not employed in interstate commerce when injured.-Connolly v. Chicago, M. & St. P. Ry. Co., 3 F.(2d) 818. on 40(1) (U.S.D.C.Ga.) Taking orders which contracts are made and executed in another state is not "interstate commerce."Fenner v. Boykin, 3 F. (2d) 674. COMPROMISE AND SETTLEMENT. See Accord and Satisfaction. 6(2) (U.S.C.C.A.S.C.) Adjustment of dispute between seller and buyer by abatement in price held to constitute accord and satisfaction.-Woodside Cotton Mills Co. v. Kaustine Co., 3 F. (2d) 523. CONDITIONAL SALES. See Sales, 445. CONSPIRACY. II. CRIMINAL RESPONSIBILITY. (A) Offenses. 28 (U.S.C.C.A.Ohio) Persons not bankrupts may be guilty of conspiracy to conceal goods from trustee in bankruptcy.-Israel v. U. S., 3 F. (2d) 743. One may be guilty of conspiracy, though incapable of committing the crime itself.-Id. Persons may be guilty of conspiracy to conceal goods from trustee, though overt acts committed four months before bankruptcy.-Id. 28 (U.S.C.C.A.Tenn.) Essentials of conviction for conspiracy to commit crime stated.Williams v. U. S., 3 F. (2d) 933. 33 (U.S.C.C.A.Tenn.) Legality of seizure of automobile immaterial as respected existence of conspiracy to defraud the United States.Cagle v. U. S., 3 F. (2d) 746. Possession of garage keeper held sufficient possession of United States to sustain prosecution for conspiracy to defraud United States. -Id. Defendant held guilty of conspiracy to defraud the United States of title and possession of automobile seized by marshal.-Id. 40 (U.S.C.C.A.N.J.) Persons who were not government officers could be convicted of conspiracy with government officers to commit crime against government.-Downs v. U. S., 3 F. (2d) 855. (B) Prosecution and Punishment. 43(2) (U.S.C.C.A.Pa.) Indictment charging conspiracy held sufficient.-A. Guckenheimer & Bros. Co. v. U. S., 3 F. (2d) 786. 43 (6) (U.S.C.C.A.N.J.) Indictment charging conspiracy to commit offense against the United States held sufficient to show official capacity in which defendants acted.-Downs v. U. S., 3 F. (2d) 855. Indictment for ~43 (6) (U.S.C.C.A.Tenn.) conspiracy to violate National Prohibition Act held sufficient.-Williams v. U. S., 3 F. (2d) 933. 43(6) (U.S.D.C.Del.) Indictment for conspiracy to unlawfully possess liquors held sufficient.-U. S. v. Bockol, 3 F. (2d) 197. 43(10) (U.S.C.C.A.Tenn.) Allegation that United States was in actual possession of subject of conspiracy held unnecessary.-Cagle v. U. S., 3 F. (2d) 746. 47 (U.S.C.C.A.Ohio) Existence of conspiracy may be shown by inference.-Israel v. U. S., 3 F. (2d) 743. 47 (U.S.C.C.A.Pa.) Not necessary to prove accused knew and participated in every action of every other conspirator.-A. Guckenheimer & Bros. Co. v. U. S., 3 F. (2d) 786. Evidence held sufficient to warrant conviction for conspiring to obtain bonded whisky by forged permits and subsequent sale and delivery thereof.-Id. 47 (U.S.C.C.A.Tenn.) Circumstantial evidence sufficient.-Williams v. U. S., 3 F. (2d) 933. Evidence held to sustain conviction for conspiracy to violate National Prohibition Act. -Id. 48 (U.S.C.C.A.N.J.) Existence of conspiracy to ask for and receive bribe for not reporting liquor found in search under warrant held for jury.-Downs v. U. S., 3 F.(2d) 855. 48 (U.S.C.C.A.Ohio) Evidence held sufficient for submission of case to jury in prosecution for conspiracy to conceal goods from trustee in bankruptcy.-Israel v. U. Š., 3 F. (2d) 743. 48 (U.S.C.C.A.Wis.) Evidence held sufficient to raise issue whether accused's interested in unlawful manufacture and transportation of beer.-Kasuba v. U. S., 3 F. (2d) 270. CONSTITUTIONAL LAW. See Statutes, 64. For validity of statutes relating to particular subjects, see also the various specific topics. III. DISTRIBUTION OF GOVERNMENTAL POWERS AND FUNCTIONS. (A) Legislative Powers and Delegation Thereof. 55 (U.S.D.C.Ga.) Presumptions cannot be made sufficient evidence of crime.-Fenner v. Boykin, 3 F. (2d) 674. (B) Judicial Powers and Functions. 74 (U.S.D.C.III.) Court may exercise jurisdiction in aid of investigations by administrative bodies.-Railroad Labor Board v. Robertson, 3 F. (2d) 488. V. PERSONAL CIVIL AND POLITICAL RIGHTS. 90 (U.S.D.C.Mo.) Freedom of the press violated by limitation on publication of income tax returns.-U. S. v. Dickey, 3 F. (2d) 190. IX. PRIVILEGES OR IMMUNITIES, CLASS LEGISLATION. AND statute X. EQUAL PROTECTION OF LAWS. 229(1) (U.S.D.C.Ohio) State tax held not invalid, as discriminating against foreign corporations.-Air-way Electric Appliance Corporation v. Archer, 3 F. (2d) 669. 240(1) (U.S.D.C.Pa.) Pennsylvania act requiring inspection of mattresses, etc., held constitutional.-Palmer Bros. Co. v. Weaver, 3 F. (2d) 333. XI. DUE PROCESS OF LAW. 251 (U.S.D.C.Wash.) "Due process" defined.-Dukich v. Blair, 3 F. (2d) 302. 258 (U.S.D.C.Okl.) Due process of law requires criminal statutes to have definite, ascertainable standards of guilt.-General Const. Co. v. Connally, 3 F. (2d) 666. 275 (2) (U.S.D.C.Okl.) State statute prohibiting payment of less than current rate of wages to laborers on state contracts held violative of due process clause.-General Const. Co. v. Connally, 3 F. (2d) 666. 278(1) (U.S.D.C.Ga.) Provision of Federal Reserve Act held not to deprive bank of property without due process of law.-Pascagoula. Nat. Bank v. Federal Reserve Bank of Atlanta, 3 F. (2d) 465. 283 (U.S.D.C.Wash.) Due process in taxation cases does not require judicial procedure. -Dukich v. Blair, 3 F. (2d) 302. 290(1) (U.S.D.C.Tex.) Legislature may determine benefits from construction of public road, and determination not violative of due process unless palpably arbitrary.-Browning v. Hooper, 3 F. (2d) 160. 295 (U.S.D.C.Ga.) Statute prohibiting margin contracts not denial of due process.-Fenner v. Boykin, 3 F. (2d) 674. 296(1) (U.S.D.C.Pa.) Pennsylvania act requiring inspection of mattresses, etc., held constitutional.-Palmer Bros. Co. v. Weaver, 3 F. (2d) 333. 298 (1) (U.S.C.C.A.N.Y.) Statute limiting attorney's charges for services rendered beneficiary under War Risk Insurance Act held valid.-Margolin v. U. S., 3 F. (2d) 602. 301 (U.S.C.C.A.Ala.) Statute authorizing punitive damages for wrongful death held not unconstitutional, as denying due process.-U. S. Cast Iron Pipe & Foundry Co. v. Sullivan, 3 F. (2d) 794. 318 (U.S.D.C.Wash.) Administrative proceedings as due process dependent on authority of Congress to confer power exercised.Dukich v. Blair, 3 F. (2d) 302. Enforcement of taxes under National Prohibition Act by administrative proceedings held violation of due process clause.-Id. 319 (U.S.D.C.Colo.) City has police power to regulate fares and service of street railway, but cannot fix confiscatory rates.-Westinghouse Electric & Mfg. Co. v. Denver Tramway Co., 3 F. (2d) 285. CONTRACTS. See Bills and Notes; Compromise and Settlement; Frauds, Statute of; Guaranty; Release; Sales; Specific Performance; Stipulations; Vendor and Purchaser. I. REQUISITES AND VALIDITY. (A) Nature and Essentials in General. 10(4) (U.S.C.C.A.S.C.) Plaintiffs' statement that they "hoped" to be able to make certain shipments held insufficient basis for binding contract to accept such shipments.-Meade Fibre Co. v. Varn, 3 F. (2d) 520. 10(4) (U.S.D.C.Tex.) Agreement to fill orders at certain prices, without obligating buyer to place orders, held void for want of mutuality-Texarkana Casket Co. v. Binswanger & Co. of Tennessee, 3 F. (2d) 611. (B) Parties, Proposals. and Acceptance. 20 (U.S.C.C.A.N.Y.) Failure to accept offer constitutes rejection.-Columbia Malting Co. v. Clausen-Flanagan Corporation, 3 F. (2ď) 547. 23 (U.S.C.C.A.N.Y.) Acceptance must not change, add to, or qualify terms of offer.Columbia Malting Co. v, Clausen-Flanagan Corporation, 3 F. (2d) 547. 24 (U.S.C.C.A.N.Y.) Introduction of new term into offer constitutes counter proposal.Columbia Malting Co. v. Clausen-Flanagan Corporation, 3 F. (2d) 547. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 141(1) (U.S.D.C.Or.) Presumed parties intend legal contracts, where subject-matter thereof not illegal.-Fidelity & Deposit Co. of Maryland v. Moore, 3 F. (2d) 652. II. CONSTRUCTION AND OPERATION. (A) General Rules of Construction. 143 (U.S.C.C.A.Ohio) Law will not lightly subject parties to code governing relations different from code they have deliberately agreed on.-Stark v. Bauer Cooperage Co., 3 F. (2d) 214. 147(1) (U.S.D.C.S.C.) Intention governs. -S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F. (2d) 469. 147(2) (U.S.D.C.S.C.) Intention determined from contract terms.-S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F. (2d) 469. 154 (U.S.C.C.A.Wyo.) Will not be given unreasonable construction contrary to intent of parties. Richardson v. Western Oil, Coal & Investment Co., 3 F. (2d) 403. 176(1) (App.D.C.) Legal import of contract as to terms of which there was no dispute was question of law for court.-Turner v. Mertz, 3 F. (2d) 348. (D) Place and Time. 212(1) (U.S.C.C.A.Cal.) Agreement by employé to wait for his salary held to bind him only for reasonable time.-Banque Russo-Asiatique v. Dolch, 3 F. (2d) 266. V. PERFORMANCE OR BREACH. 318 (U.S.D.C.N.Y.) Forfeitures not favored in equity.-Hazeltine Research Corporation v. Freed-Eisemann Radio Corporation, 3 F. (2d) 172. CORPORATIONS. See Banks and Banking: Carriers: Gas: Municipal Corporations; Public Service Commissions; Railroads; Street Railroads; Telegraphs and Telephones. 1.` INCORPORATION AND ORGANIZATION. 30 (6) (U.S.D.C.Ga.) Corporation's agreement to pay liabilities of partnership taken over by it held to include additional excess profits tax assessed after corporation organized.In re W. J. Marshall Co., 3 F. (2d) 192. Rule in Georgia that corporation taking over assets of partnership not necessarily liable for partnership debts.-Id. Common-law rule that corporations taking over partnership business liable for partnership debts held general rule.-Id. Effect of corporation's taking over assets of partnership determined by general rather than local law.-Id. (C) Issue of Certificates. 98 (U.S.C.C.A.Mass.) Measure of damages for breach of contract to deliver stock stated. -New England Oil Refining Co. v. Wiltsee, 3 (E) Interest, Dividends, and New Stock. 151 (U.S.D.C.Md.) "Undivided profits" defined. Chesapeake & Potomac Telephone Co. of Baltimore City v. Whitman, 3 F. (2d) 938. VII. CORPORATE POWERS AND LIABILI- (D) Contracts and Indebtedness. 478 (U.S.D.C.N.Y.) Trust deed of corporation, covering all property, held to include claims, against United States Shipping Board Emergency Fleet Corporation.-Providence Engineering Corporation v. Downey Shipbuilding Corporation, 3 F. (2d) 154. IX. REINCORPORATION AND REORGAN IZATION. 574 (U.S.C.C.A.Wis.) Stockholders estopped to disavow reorganization plans, as against creditors of newly organized corporation.-In re Union Food Stores Co., 3 F.(2d) 736. X. CONSOLIDATION. 583 (U.S.C.C.A.Wis.) Consent of every stockholder not necessary to transfer of assets to other corporation.-In re Union Food Stores Co., 3 F.(2d) 736. XII. FOREIGN CORPORATIONS. 642 (412) (U.S.C.C.A.S.C.) Nonresident corporation, maintaining agents within state to purchase pulpwood, held doing business within state. Meade Fibre Co. v. Varn, 3 F. (2d) 520. 642 (42) (U.S.D.C.S.C.) Contract held not to create agency.-S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F. (2d) 469. 668 (4) (U.S.C.C.A.S.C.) It is competent for state, within lawful bounds, to designate agent on whom process may be served.-Meade Fibre Co. v. Varn, 3 F. (2d) 520. 668 (10) (U.S.C.C.A.S.C.) Agency held not such as to render unreasonable holding that service on agent was binding on nonresident corporation. Meade Fibre Co. v. Varn, 3 F. (2d) 520. 668 (15) (U.S.C.C.A.S.C.) That agent for nonresident corporation may be found within jurisdiction does not make it suable therein, unless it is there doing business.-Meade Fibre Co. v. Varn, 3 F. (2d) 520. 668(15) (U.S.D.C.S.C.) Foreign corporations held not to be "doing buisness" in state to be subject to service.-S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F. (2d) 469. SO as IV. FISCAL MANAGEMENT, PUBLIC DEBT, indorsement Paper indorsed "for collection," "for account," etc., remains property of indorser. -Id. 173(1) (U.S.D.C.Tenn.) County without power to issue bonds except as expressly authorized by state Constitution and statutes.First Nat. Bank v. Obion County, Tenn., 3 F. (2d) 623. Laws authorizing counties to issue bonds strictly construed.-Id.. 174 (U.S.D.C.Tex.) Texas statute authorizing issuance of bonds by counties and road districts held constitutional and valid.-Brown ing v. Hooper, 3 F. (2d) 160. 183(1)(U.S.D.C.Tenn.) County bonds issued without statutory authority are void.First Nat. Bank v. Obion County, Tenn., 3 F. (2d) 623. Validity of bonds determined by law as settled at time of issuance.-Id. 183(3) (U.S.D.C.Tenn.) County estopped to deny recital in bond that it was issued under statute giving the county authority.-First Nat. Bank v. Obion County, Tenn., 3 F. (2d) 623. 184 (U.S.D.C.Tenn.) Bonds issued by county of Tennessee for benefit of drainage dis VII. UNITED STATES COURTS. (A) Jurisdiction and Powers in General. 256 (U.S.D.C.III.) Jurisdiction to compel attendance of witness before Labor Board not limited to court of district where witness resides.-Railroad Labor Board v. Robertson, 3 F. (2d) 488. Court may exercise jurisdiction in aid of investigations by administrative bodies.-Id. Labor 257 (U.S.D.C.III.) Application by Board to compel attendance of witness is judicial proceeding.-Railroad Labor Board v. Robertson, 3 F. (2d) 488. Value in Controversy. (D) Jurisdiction Dependent on Amount or 328(2) (U.S.D.C.Ala.) Amount involved held within jurisdiction of court.-Wright_v. Mutual Life Ins. Co. of New York, 3 F.(2d) 501. 328 (9) (U.S.D.C.Ala.) Matter in controversy must exceed $3,000 to confer federal jurisdiction on ground of diverse citizenship.Wright v. Mutual Life Ins. Co. of New York, 3 F. (2d) 501. 329 (U.S.D.C.Tex.) Jurisdiction shown by pleadings not lost because proof before master shows want of jurisdictional amount.-Southwestern Telegraph & Telephone Co. v. Walker Grain Co., 3 F.(2d) 819. Allegation of jurisdictional amount, in good faith, gives federal court jurisdiction.-Id. Finding on the merits held not to deprive the court of jurisdiction.—Id. (E) Procedure, and Adoption of Practice of State Courts. 332 (U.S.C.C.A.Tex.) Equity rule held not to deprive court of power to refer cause involving investigation of complicated transactions. Walker v. Wilkinson. 3 F. (2d) 867. 337 (U.S.C.C.A.Tenn.) Federal courts not bound by state practice or statute in conduct of cases.-Cagle v. U. S., 3 F.(2d) 746. 340 (U.S.D.C.S.C.) Procedure prescribed by federal statute excludes that of state practice.-S. B. McMaster, Inc., v. Chevrolet Motor Co., 3 F. (2d) 469. 344 (U.S.D.C.N.Y.) Service of summons and complaint on defendant in another district invalid.-Gioia v. Clyde S. S. Co., 3 F. (2d) 822. Service on transportation agent of railroad within district held sufficient; state Practice Act not being applicable to federal District Court under Conformity Act.-Id. 349 (U.S.C.C.A.Cal.) Competency of witnesses in criminal trials in federal courts governed by common law.-Parker v. U. S., 3 F. (2d) 903. of 264(1)(U.S.D.C.Tenn.) Jurisdiction court extends to matters incidental to main issue. First Nat. Bank v. Obion County, Tenn., 351 (U.S.D.C.Cal.) Interrogatories should 3 F. (2d) 623. 279 (U.S.D.C.Ga.) Basis of equity jurisdiction of federal court should be positively averred.-Emerson v. Baker, 3 F. (2d) 830. Jurisdiction of injunction to restrain deductions from army officer's pay held not sufficiently averred.-Id. 279 (U.S.D.C.N.Y.) Allegation that defendant was doing business within district indispensable to jurisdiction of federal District Court under federal Employers' Liability Act. -Gioia v. Clyde S. S. Co., 3 F. (2d) 822. (B) Jurisdiction Dependent on Nature of Subject-Matter. 284 (U.S.C.C.A.Tex.) Action on bond taken pending hearing in District Court held to arise under laws of United States.-In re Walker Grain Co., 3 F. (2d) 872. 293 (U.S.D.C.Ala.) State's suit against corporation organized under special act of Congress held within jurisdiction of District Court, as "arising under laws of United States."State of Alabama v. Acacia Mut. Life Ass'n, 3 F.(2d) 697. (C) Jurisdiction Dependent on Citizen- 303 (2) (U.S.D.C.Ga.) Suit to enjoin institution of criminal prosecution not a suit against the state.-Fenner v. Boykin, 3 F. (2d) 674. 323 (U.S.C.C.A.Porto Rico) Evidence held sufficient to warrant finding plaintiffs not domiciled in Porto Rico, giving United States District Court jurisdiction.-Porto Rico Ry., Light & Power Co. v. Cognet, 3 F. (2d) 21. be of character that answer will state or illustrate material fact.-Miller & Pardee v. Lawrence A. Sweet Mfg. Co., 3 F.(2d) 198. 3511⁄2 (U.S.C.C.A.Utah) Dismissal of suit on the ground of prior jurisdiction of state court held error as to parties and issues not involved in state suit.-Boston Acme Mines Corporation v. Salina Canyon Coal Co., 3 F.(24) 729. 352 (U.S.C.C.A.Tex.) Objection that appointment of special master was void under equity rule 59, made for first time to master on hearing, held too late.-Smith v. Brown, 3 F. (2d) 926. 352 (U.S.C.C.A.W.Va.) Statutes and court rules relating to transfer of cases held remedial, and to be liberally construed.-Fidelity & Casualty Co. of New York v. Glenn, 3 F.(2d) 913. 355 (U.S.D.C.N.Y.) Federal District Court without authority to order supplementary proceedings to enforce decree in admiralty, in absence of District Court rule.-The Sagamore, 3 F. (2d) 689. 356 (U.S.C.C.A.Ind.) Statute providing for judgment without regard to technical errors held applicable to common-law actions tried without jury.-Muentzer v. Los Angeles Trust & Savings Bank, 3 F. (2d) 222. |