the issues and ought to be produced, and have made an order for its production, which has been disobeyed. -Owyhee Land & Irrigation Co. v. Tautphaus, 109 Fed. 547......... DISMISSAL AND NONSUIT. Voluntary nonsuit in replevin, see "Replevin," § 1. DISSOLUTION. Of corporation, see "Corporations," § 3. DISTRIBUTION. Of estate of bankrupt, see "Bankruptcy," § 2. DISTRICT AND PROSECUTING ATTORNEYS. Arguments and conduct at trial, see "Criminal Law," § 2. DIVERSE CITIZENSHIP. Ground of jurisdiction of United States courts, see "Courts," §§ 2-4. DOCUMENTS. As evidence in civil actions, see "Evidence," § 1. Production and inspection of writings, see "Discovery," § 1. DOMICILE. Residence as ground of jurisdiction, see "Courts," §§ 2-4. DUTIES. Customs duties, see "Customs Duties." EMPLOYES. See "Master and Servant." ENTRY. Of public lands, see "Public Lands," § 2. EQUITY. Equitable estoppel, see "Estoppel,” § 1. Particular subjects of equitable jurisdiction and equitable remedies. § 1. Jurisdiction, principles, and maxims. The principle, "He who comes into equity must do so with clean hands," repels a complainant only when his iniquity has an immediate and necessary relation to the equity for which he sues. -Shaver v. Heller & Merz Co., 108 Fed. 821.......................48 C. C. A. 48 Equity will take jurisdiction on the ground of preventing a multiplicity of suits only where it appears from the allegations of the bill that the rights of all the parties involved in the subject-matter of the controversy can be as fully and completely determined in such single suit as they could be in the several suits. -Eureka & K. R. R. Co. v. California & N. Ry. Co., 109 Fed. 509.... 48 C. C. A. 517 The fact that a city has failed to levy and collect a specific tax to create a special fund for the payment of water rentals, as required by its contract and authorized by statute, while it may authorize a suit in equity to compel the levy and collection of such tax in the future, does not give equity jurisdiction of a suit to collect rentals previously accrued. -City of Eau Claire v. Payson, 109 Fed. 676........48 C. C. A. 608 A right of action in favor of the trustee in a mortgage given by a water company against a city, to enforce payment of rentals due the mortgagor under a contract, can only exist by reason of some lien upon or equity in such rentals given by the mortgage, either by express pledge or by operation of law; and in either case neither the trustee nor a receiver appointed at its instance in a foreclosure suit against the company can maintain a suit in equity against the city, where the company's right of action is at law, since the holding of an equitable title to a legal right of action does not entitle the holder to sue in equity. -City of Eau Claire v. Payson, 109 Fed. 676........48 C. C. A. 608 Where, by fraud and misrepresentation to defendants' agent, complainant procured the insertion of his name as purchaser in an order confirming an administrator's sale of an interest in a mine and in the administrator's deed, when defendants' bid was the only one received and acted on, a court of equity should not assist him to retain the benefit of his fraud by setting aside a subsequent deed, which the administrator was compelled to issue to defendants by mandamus in the state courts. -Hanley v. Sweeny, 109 Fed. 712.... ...48 C. C. A. 612 § 2. Masters and commissioners, and proceedings before them. Findings of fact by a master are supported by a strong presumption of correctness, and will not be set aside or modified in the absence of clear evidence of mistake or error. —Columbus, S. & H. R. Co. Appeals, 109 Fed. 177; Carlisle v. Mer- Exceptions to a master's report must point out specifically the errors on which the party relies, to give the master an opportunity to see wherein his report is subject to objection, and to apprise the opposite party of just what he has to meet. General exceptions to findings of a master that all the bonds secured by a railroad mortgage had been duly issued and were valid in the hands of the several holders are not sufficiently specific to raise any question as to the validity of the bonds of any particular holder. —Columbus, S. & H. R. Co. Appeals, 109 Fed. 177; Carlisle v. Mer- 3. Decree, and enforcement thereof. A motion for a rehearing, or for the opening of a decree, must not only be filed during the term at which the decree was entered, but also called to the attention of the court, or in some manner entertained by it, as shown by its record, so as to prevent the decree from passing beyond its control on the close of the term; otherwise, it has no power to grant the motion at a subsequent term. Of holder of railroad bonds to question priority of lien, see “Railroads," § 2. To avoid or forfeit insurance policy, see "Insurance," § 2. To claim rights under patent, see "Patents," § 5. To deny validity of contract, see "Contracts," § 3. § 1. Equitable estoppel. An estoppel in pais does not arise from the conduct or silence of one party to a transaction where the other party was not misled, and suffered no injury therefrom. -Columbus, S. & H. R. Co. Appeals, 109 Fed. 177; Carlisle v. Mer- See "Discovery"; "Witnesses." EVIDENCE. On application for discharge in bankruptcy, see "Bankruptcy," § 4. Review on appeal or writ of error, see "Appeal and Error," § 7. As to particular facts or issues. Color of title, see "Adverse Possession," § 1. Construction of charter, see "Shipping," § 1. In particular actions or proceedings. Action for damages caused by collision, see "Collision," § 5. Bankruptcy proceedings, see "Bankruptcy," § 1. § 1. Documentary evidence. In an action by a corporation of Great Britain against a stockholder to enforce liability for unpaid assessments on the stock, the statutes governing such liability are sufficiently authenticated and proved by the testimony of an English solicitor, familiar with company law, and who was also a director in the company, stating under what acts it was organized, and that copies which he produced were copies of such acts, and also that they were published by governmental authority. -Nashua Savings Bank v. Anglo-American Land-Mortgage & Agency EXCEPTIONS. To reports of masters in chancery, see "Equity," § 2. See "Attachment." EXECUTION. EXECUTORS AND ADMINISTRATORS. Action by administrator on insurance policy, see "Insurance,” § 5. EXEMPTIONS. To bankrupts, see "Bankruptcy," § 4. EXTRADITION. Apprehension and surrender of deserters from army of foreign nation, see "International Law." See "Courts," §§ 2-4. FEDERAL COURTS. FEDERAL QUESTIONS. Grounds for jurisdiction, see "Courts," §§8 2-4. FEES. Of attorney as damages in action on attachment bond, see "Attachment," § 1. FELLOW SERVANTS. See "Master and Servant," § 2. FINAL JUDGMENT. Appealability, see "Appeal and Error," § 2. FINDINGS. By masters in chancery, see "Equity," § 2. FINES. For violation of injunction, see "Injunction," § 2. FIRES. Caused by operation of railroad, see "Railroads," § 4. As ground for refusing equitable relief, see "Equity," § 1. In particular classes of conveyances, see "Deeds," § 1. Unfair competition as fraud, see "Trade-Marks and Trade-Names," § 3. By particular classes of persons. Agents, see "Principal and Agent," § 1. Persons in charge of salvage operations, see "Salvage," § 1. Telegraph agent, see "Telegraphs and Telephones," § 1. 1. Representations. FRAUDS, STATUTE OF. An officer of a bank cannot avail himself of the statute of frauds, requiring a promise to answer for the debt of another to be in writing to sustain an action thereon, to protect him from liability arising from a false and fraudulent statement made by him to a depositor in regard to the condition of the bank, by reason of which the depositor suffered loss. -Kemp v. National Bank of the Republic of New York, 109 Fed. 48 .48 C. C. A. 213 ...... § 2. Operation and effect of statute. Creditors cannot invoke the statute of frauds to defeat a liability of their debtor, which he has himself recognized by giving his notes and security therefor. -Kemp v. National Bank of the Republic of New York, 109 Fed. ..48 C. C. A. 213 48 ...... |