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INDEX.

ABATEMENT AND REVIVAL.

Judgment as bar to another action, see "Judgment,” & 3.

ACCEPTANCE.

Of goods sold in general, see “Sales," $ 3.
Of reward, see "Reward."

ACCIDENT.

Accident insurance, see "Insurance," $ 2.
Cause of death, see "Death," 8 1.

ACCOMMODATION PAPER.

See “Bills and Notes."

ACCORD AND SATISFACTION.

See “Payment"; "Release."

ACKNOWLEDGMENT.

Of assignment of patent, see "Patents," § 4.

ACTION.

Bar by former adjudication, see "Judgment," $ 3.
Jurisdiction of courts, see "Courts."

Actions between parties in particular relations.
See “Master and Servant," $ 2.

Actions by or against particular classes of persons.
See "Carriers,” 88 2, 3; "Husband and Wife," $ 1; "United States," $ 2.
Trustee in bankruptcy, see “Bankruptcy," $ 5.

Particular causes or grounds of action,
See "Collision," § 3; "Conspiracy"; "Death," § 1; "Fraud,” $ 1; "Insurance,"

$ 3; "Libel and Slander," $ 2; “Negligence," $ 1.
Breach of contract, see “Contracts," $ 5; "Sales," 8 4.
Compensation of agent, see “Principal and Agent," $ 1.
Death caused by operation of railroad, see "Railroads," 2.
79 C.C.A.

(537)

Death of servant, see "Master and Servant," $ 2.
Infringement of patent, see “Patents," § 5.
Infringement of trade-mark or trade-name, see "Trade Marks and Trade-

Names," $ 1.
Loss of or injury to tow, see "Towage."
Personal injuries, see “Carriers," $ 3; “Master and Servant," & 2; "Shipping,"

$ 1.
Price of land, see "Vendor and Purchaser," § 4.
Recovery of payment, see “Payment," $ 1.
Unfair competition in trade, see “Trade Marks and Trade-Names," $ 1.

Particular forms of special relief.
See “Injunction"; "Quieting Title”; “Specific Performance.”
Determination of adverse claims to real property, see “Quieting Title.”
Determination of rights to mining claims, see "Mines and Minerals," $ 1.
Foreclosure of mortgage, see "Mortgages," § 1.
Removal of cloud on title, see “Quieting Title.”

Particular proceedings in actions.
See “Damages" ; "Evidence"; "Judgment"; "Jury; "Removal of Causes";

"Trial.”
Verdict, see “Trial," $ 3.

Particular remedies in or incident to actions.
See “Injunction"; "Set-Off and Counterclaim."

Proceedings in erercise of special or limited jurisdictions.
Criminal prosecutions, see "Criminal Law.”
Suits in admiralty, see “Admiralty"; "Collision," 3; "Salvage," $ 3.
Suits in equity, see “Equity.”

Review of proceedings.
See "Appeal and Error”; “Equity,” | 3; “Exceptions, Bill of.

ACT OF BANKRUPTCY.
See "Bankruptcy," § 1.

ADJUDICATION.

Operation and effect of former adjudication, see "Judgment," $ 3.

ADMINISTRATION.

Of estate of bankrupt, see "Bankruptcy,” s 4.

ADMIRALTY.

See "Collision"; "Salvage”; “Seamen"; "Shipping"; "Towage."
§ 1. Pleading, petitions, and motions.

In a suit in admiralty to recover for the loss of a tow by collision
with a sunken wreck at night, in which the tug and the owner of the
wreck are both made defendants, and charged with fault, the libelant
is not precluded from recovering against the tug alone because the libe!
charges the owner of the wreck with a fault which, if proved, would
exonerate the tug, which charge is admitted by the answer of the tug,

but is not sustained by the evidence; the practice in admiralty being
to bring all parties before the court, and to determine the controversy
on the merits as it appears from the proof, regardless of technicalities
of pleading.
-The Volunteer, 149 Fed. 723.....

.79 C. C. A. 429

ADVERSE CLAIM.

To real property, see "Quieting Title."

ADVERSE POSSESSION.
Of mining claim, see “Mines and Minerals,” $ 1.

AFFIDAVITS.

Verification of pleading, see "Equity," $ 1.

AGENCY.

See “Principal and Agent."

AGREEMENT.

See "Contracts."

ALIENS.

See "Indians."

$ 1. Immigration.

The alien contract labor law, as amended in 1903 (Act March 3, 1903,
32 Stat. 1214, § 4, c. 1012 [U. S. Comp. St. Supp. 1905, p. 277]), does not
apply to a man who entered the United States as an immigrant from
Germany when young and remained continuously domiciled and working
in this country for 12 or more years, although without becoming natural-
ized, and who then went temporarily into Canada, where he had been for
two weeks when the contract alleged to be in violation of the statute was
made.

- United States v. Aultman Co., 148 Fed. 1022... .79 C. C. A. 457

AMENDMENT.
Of order of discharge in bankruptcy, see "Bankruptcy," § 7.

ANTICIPATION.

Of patent, see “Patents," 8 1.

APPEAL AND ERROR.

See “Exceptions, Bill of."

Review in particular civil actions.
For infringement of patent, see “Patents," $ 5.
For injuries to servant, see "Master and Servant,” & 2.
For price of land, see “Vendor and Purchaser," $ 4.

Review in special proceedings.
See "Bankruptcy," $ 8.

Review of criminal prosecutions.
See "Criminal Law," $ 6.
f 1. Decisions reviewable.

Defendant filed a general demurrer to plaintiff's statement or declara-
tion, which demurrer was sustained with leave to the plaintiff “to discon-
tinue on payment of costs,” but it did not appear that there had erer been
a discontinuance, or that defendant had ever entered judgment against
plaintiff prior to the suing out of the writ of error. Held, that the order
was not such a final judgment as would support the writ.
- Morris v. Dunbar, 149 Fed. 406......

...79 C. C. A. 226
No writ of error will lie at the suit of a plaintiff to review a judgment
of nonsuit or dismissal rendered in a national court at his request or with
his consent. Such a judgment, however, rendered on the motion of the
defendant and against the objection and the protest of the plaintiff is re-
viewable at the latter's instance.

-Francisco v. Chicago & A. R. Co., 149 Fed. 334.....79 C. C. A. 292
At the close of a trial the defendant moved the court to instruct the
jury to return a verdict in its favor, and its motion was granted. But be-
fore the instruction was given the plaintiff asked, and was granted, leave
by the court to take an involuntary nonsuit, and a judgment was rendered
accordingly. Held, the nonsuit was entered with the consent and at the
request of the plaintiff, and no writ of error could be maintained at lås
suit to review it. Describing it by a false epithet did not change its char-
acter.

- Francisco v. Chicago & A. R. Co., 149 Fed. 354.....79 C. C. A. 202
§ 2. Presentation and reservation in lower court of grounds of review.

An exception to a charge, in order to found a right to review, must be
sufliciently distinct and specific to direct the attention of the court to the
particular error which is the subject of complaint.

-Coney Island Co. v. Dennan, 149 Fed. 687.........79 C. C. A. 375
A defendant who contests a case on the merits without objection to
the evidence offered on the ground of a variance, which might have been
cured by an amendment of the pleadings, cannot assign such variance as
a ground for reversal in an Appellate Court.

-Thompson-Starrett Co. v. Fitzgerald, 149 Fed. 721..79 C. C. A. 427
8 3. Parties.

Where two members of a firm were jointly sued on a firm debt and
judgment was entered against both, a writ of error could not be main-
tained by one of them alone in the absence of summons, sererance, or a
sufficient showing for nonjoinder of the other.

-Port v. Schloss Bros. & Co., 149 Fed. 731... .79 C. C. A. 437
8 4. Assignment of errors.

A Circuit Court of Appeals may dismiss an appeal where the appel-
lant fails to comply with rules 11 and 24 of the court (90 Fed. cxlvi,
clxiv, 31 C. C. A. cxlvi, clxiv) respecting assignments of error.
-Joline Trust & Savings Bank v. Wylie, 149 Fed. 734. .

79 C. 0. A. 410
$ 5. Briefs.

A Circuit Court of Appeals may dismiss an appeal where the appellant
fails to comply with rules 11 and 24 of the court (90 Fed. cxlvi, clxiv,
31 C. C. A. cxlvi, clxiv) respecting briefs.
- Moline Trust & Savings Bank v. Wylie, 149 Fed. 734. .....

79 C. C. A, 440
§ 6. Hearing and rehearing.

The rule of the Circuit Court of Appeals which requires a petition for re-
hearing to be filed within 30 days after the filing of an opinion is one of

convenience, and should not be enforced where the point on which a re-
hearing is asked is a reversal of the authority upon which the decision was
based after the time for filing of the petition had expired, but before the
court had lost jurisdiction over the judgment by the expiration of the
term.
-Unitype Co. v. Long, 149 Fed. 196.

.79 C. C. A. 154
7. Review.

Where, in an action on a note, the jury found in plaintiff's favor on an
issue as to alleged misrepresentations, plaintiffs sustained no injury by
the submission of such issue to the jury.
-Rockefeller v. Wedge, 149 Fed. 130.....

....79 C. C. A. 26
In a case brought to the Circuit Court of Appeals, on appeal from the
judgment of the trial court after a hearing of the case on the nierits,
and not on exceptions to the findings of a master, the appellate court
was entitled to review the case independent of the master's findings.
-Merchants' Nat. Bank of Toledo, Ohio, v. Cole, 149 Fed. 708...

79 C. C. A. 414
$ 8. Determination and disposition of cause.

Where the mandate on a former appeal provided that appellants were
liable for a sum sufficient to "pay all debts of every class which had or
might be proved against the bankrupt, and the expenses of the trustee,
his fee, and costs,” provided the aggregate did not exceed the amount of
the preference received by appellants' testator, appellants were properly
charged with a reasonable counsel fee to the trustee's attorney.
-Page v. Rogers, 149 Fed. 194....

79 C. C. A. 153

APPLIANCES.

Liability of employer for defects, see “Master and Servant," § 1.

APPORTIONMENT.

Of salvage compensation, see "Salvage,” $ 2.

ARGUMENT OF COUNSEL.

In criminal prosecutions, see “Criminal Law," $ 4.

ARREST OF JUDGMENT.

In criminal prosecutions, see "Criminal Law,” $ 5.

ARSON.

Incendiarism as defense to action on insurance policy, see "Insurance," $ 3.

ASSESSMENT.

Of compensation for property taken for public use, see “Eminent Domain," $ 1.

ASSIGNMENT OF ERRORS.

See "Appeal and Error," $ 4; "Criminal Law,” 8 6.

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