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RISKS.

SHIPPING-Cont'd. Assumption of risk incident to employ- Liability of vessel for injuries caused ment. 38 C. C. A. 314.

by creation of swell. 78 C. C. A. 3. SALE.

SIGNALS. Of patent. 25 C. C. A. 280.

At railroad crossings. 29 C. C. A. 90. Divisibility of contracts. 30 C. C. A. SLEEPING-CAR COMPANIES. 470.

Their duties and liabilities towards Liabilities of venders of injurious sub- their passengers.

10 C. C. A. 335; stances or defective machinery and 34 C. C. A. 386. appliances for injuries to persons other than immediate vendees. 57 C. SPECIFIC PERFORMANCE. C. A. 5.

Persons entitled to enforce specific Contracts for sale of things to be pro

performance. 47 C. C. A. 493. duced or manufactured. 58 C. C. A.

of contracts requiring performance of

continuous acts. 49 C. C. A. 103. 363.

Of contracts of which time is the esSALVAGE.

sence, 63 C. C. A. 562. Awards in federal courts. 30 C. C. A. Necessity of tender of performance. 65 280.

C. C. A. 91. SEAMEN.

Conditions and provisions for relief to Negligence of both master and servant defendant in decree in action for -Division of damages in admiralty.

specific performance, 79 C. C. A. 30 O. C. A. 678.

188. SEPARABLE CONTROVERSIES.

STATE COURTS. See "Removal of As ground for removal of cause. 18 C.

Causes." C. A. 86; 35 C. C. A. 155.

Proceedings enjoined by federal courts.

16 C. C. A. 90; 27 C. C. A. 575; 63 SEPARATION AGREEMENTS. 38 C. C. C. A. 437. C. A. 608.

Jurisdiction of state courts to enforce SET-OFF AND COUNTERCLAIM.

maritime liens under state laws. 21

C. C. A, 21. Restraining enforcement of judgment Conclusiveness of judgments between pending establishment or enforcement

federal and state courts. 21 C. C. of set-off or counterclaim. 58 C. C.

A. 478; 49 C. C. A, 468. A. 532.

Conflict of jurisdiction with federal SHAREHOLDERS.

courts. 22 C. C. A. 356. In national banks. 15 C. C. A. 130; Restraining proceedings in federal 46 C. C. A. 503.

courts. 45 C. C. A. 591. SHIPPING

Pendency of action in state or federal

court as ground for abatement of acQuick dispatch. 14 C. C. A. 657; 21

tion in the other. 47 C. C. A. 205 ; C. C. A, 342.

73 C. C. A. 521. Implied warranty of seaworthiness. 15 0. O. A. 388; 60 C. C. A. 179.

STATES. Damages to ships and cargoes by ver

Federal jurisdiction in suit against min. 18 C. C. A. 231; 19 C. C. A.

state. 13 C. C. A, 105. 473.

Estoppel against. 16 C. C. A. 353. Admiralty jurisdiction over contracts. STATUTES.

18 C. C. A. 347; 27 C. C. A. 530. Construction of statutes-State laws Loss by perils of the sea. 19 C. C. A. as rules of decision in federal courts. 463 ; 64 C. C. A. 118.

11 C. C. A. 72. General average. 20 C. C. A. 357.

Constitutional and statutory limitations Demurrage. 14 C. C. A. 657; 21 C. of municipal indebtedness. 36 C. C. C. A. 337; 46 C. C. A. 4.

A. 6. Carriers by water. 20 C. C. A. 535. Statutory exemptions of building and Limitation of owner's liability. 45 C. loan associations from operation of C. A. 387.

usury laws.

36 C. C. A. 343. Statutory exemptions of shipowners Repeal of statutes by implication. 38 from liability. . 49 C. C. A. 11.

O. C. A. 136. Demise of vessel. 55 C. C. A. 225. Power of legislature to pass curative Cancellation, surrender, or rescission of statutes. 39 C. C. A. 180.

charter of vessel. 61 C. C. A. 569. Amendment of amended, repealed, or Presumptions and burden of proof as invalid statutes. 44 C. C. A. 590.

to cause of loss or injury to goods Effect of violation of statutes limiting shipped by vessel, and diligence or speed of trains. 59 0. C. A. 5. negligence of carrier. 68 C. C. A. Construction of statutes as affected by 398.

mistakes in writing, grammar, spellAccommodations to passengers on ves- ing, and punctuation. 65 C. C. A. sels. 68 C. C. A. 630.

237. Capacity or authority of master of ves- History and passage of statutes and

sel to hypothecate or make bottomry contemporary circumstances as aids bond. 75 C. C. A. 123.

to construction. 65 C. C. A. 535.

STATUTES—Cont'd.

TAXATION -Cont'd. Pleading private statutes. 67 C. C. A. Of intangible property of nonresidents. 241.

31 C. C. A. 467. Construction and operation of provisos, Persons entitled to injunction restrain

exceptions and saving clauses. 76 C. ing or damages for wrongful enforce C. A. 381.

ment of tax. 54 C. C. A. 550. Validity of laws alleged to impair char- Of bank deposits. 60 C. C. A. 413.

ter or franchise of corporation as de- Impairing obligation of contracts for pendent on reservation of power to exemption from taxation. 70 C. C. alter or amend. 77 C. C. A. 281.

A. 294.

Place of taxation of property held in STOCKHOLDERS.

trust or other fiduciary capacity. 72 Liability to creditors of corporation. C. C. A. 283.

23 C. C. A. 315; 33 C. C. A. 23. Enforcement of statutory liability of TELEGRAPHS AND TELEPHONES. stockholders in national banks. 52 Measure of damages in actions against C. C. A. 6.

telegraph and telephone companies. Effect of judgment against corpora

15 C. C. A. 235; 28 C. C. A. 59. tion in action to enforce stockhold- Damages for mental suffering from de er's liability. 52 C. O. A. 305.

lay in delivering telegram. 11 C. C. Liability of transferrors and trans

A. 571; 15 C. C. A, 250; 28 C. C. ferees of corporate stock for assess

A. 62. ments. 61 C. C. A. 322.

Delay in transmission of message

Failure to disclose that line was not STREET RAILROADS.

in working order. 14 C. C. A. 177. Care required of motormen. 40 C. C. Rights of telegraph and telephone comA. 361.

panies to use of streets. 44 C. C. Relative rights of street railroads, and A. 155.

vehicles and pedestrians in use and TENANCY IN COMMON. occupation of streets. 73 C. C. A. 12.

Rights of co-tenant as to improvements SUBROGATION.

made under mistaken belief of per. To rights of mortgagee. 42 C.C.A.304. fect title. 69 C. C. A. 19. Of insurer under assignment of rights of insured. 65 C. C. A. 615.

THREATENING POSTAL CARDS.

Nonmailable matter. 30 C. C. A. 94. SUICIDE. As a defense to a suit for life insur- TITLE.

ance. 16 C. C. A. 623; 28 C. C. A. Rights of co-tenant as to improve 284.

ments made under mistaken belief of SUNDAY.

perfect title. 69 C. C. A. 19. As dies non juridicus. 12 C. C. A. 462. TITLE INSURANCE. 19 C. C. A. 278. SUPREME COURT.

TORTS. Certiorari to circuit court of appeals. Liabilities of carriers for negligence 1 C. C. A. 5.

and torts of servants. 10 C. C. A. Jurisdiction. 1 C. C. A. 9, 11.

466; 27 C. C. A. 651. Review of jurisdiction of circuit Of wife-Liability of husband. 12 O. courts. 48 C. C. A. 351.

C. A. 196. TARIFF LAWS.

Municipal liability for torts of public Interpretation of commercial and trade

officers. 14 C. C. A. 534. terms. 18 C. C. A. 515.

As affecting demurrage. 21 C. C. A.

315. TAXATION.

Maritime liens for torts. 34 C. C. A. Of railroad land grants. 4 C. C. A. 505. 196.

Liability of corporation for torts. 39 Of equitable title to public lands. 4 0. C. C. A. 9. C. A. 196.

Liability of principal for torts of Lands of the United States not subject agent. 43 C. C. A. 316.

to state taxation. 4 C. C. A. 196. Liabilities of charitable institutions Due process of law. 8 C. C. A. 398. for negligence. 47 C. C. A. 134. Notice of equalization. 8 C. C. A. Admiralty jurisdiction. 62 C. C. A. 400.

279. Forfeiture for nonpayment. 8 C. C. A. Effect of acquittal in criminal prose401.

cution on liability in tort for alleged Regulation and taxation of interstate criminal act. 79 C. C. A. 407.

commerce by state. 8 C. C. A. 192; 24 C. C. A. 21.

TRADE-MARKS AND TRADELimitations of taxing power from mu

NAMES. tual independence of federal and Contracts relating to use. 14 C. C. A.

state governments. 23 C. C. A. 515. 104. Of foreign corporations. 24 C. C. A. 13. Assignment of right to use a person's Tax deed as color of title. 24 C. C. A. name. 17 C. C. A. 579; 27 C. C. A. 402.

360.

TRADE-MARKS AND TRADE | USURY-Cont'd.
XAMES—Cont'd.

What law governs usury by building Right to use one's own name. 17 C. O. and loan associations. 51 C. C. A. A. 579: 27 C. C. A, 357.

319. L'se of corporate and firm names. 17

VENDOR AND PURCHASER. C. C. A. 579; 27 C. C. A. 357.

Marketable title. 40 C. C. A. 592. Use of geographical names. 17 C. C.

Liabilities of venders of injurious subA. 657; 35 C. C. A. 242.

stances or defective machinery and I'nfair competition. 20 C. C. A. 165;

appliances for injuries to persons 30 C. C. A. 376. Laches as a defense in suits for in

other than immediate vendees. 57 C.

C. A. 5. fringement. 22 C. C. A. 211; 36 C. C. A. 613.

WAIVER. Misleading or false labels. 29 C. C. Of prepayment of insurance premiums. A. 250.

13 C. C. A. 292. Abandonment. 33 C. C. A. 294. Of maritime liens. 17 0. C. A. 102. Arbitrary, descriptive, or fictitious Of conditions of insurance. 27 C. C. character of trade-marks and trade- A. 46. names. 50 C. C. A. 323.

Of defense by acceptance of premiums.

33 C. O. A. 369. TRADE SECRETS.

Of trial by jury in criminal prosecuDisclosure. 58 C. C. A. 8.

tions. 39 C. Č. A. 281.

Of right as to district in which suit TRESPASS.

may be brought. 52 C. C. A. 192. Rights of trespasser on train. 31 C. C. A. 76.

Of right to remove cause to federal

court. 66 C. 0. A. 612. Liabilities of corporations. 39 C. C. A. 15.

WAR. Liability of railroads or street car The neutrality laws. 28 C. C. A. 622.

companies for ejection of trespassers. WAREHOUSEMEN. 51 C. C. A. 578.

Liability of carriers as. 20 C. C. A. Negligence in ejecting trespasser under 529. disability. 62 C. C. A. 422.

WATERS AND WATER COURSES. TRIAL.

Pollution of water courses. 37 C. O. Jury trial in federal court. 5 C. C. A. 538.

A. 603; 26 C. C. A. 528; 27 C. C. A. Abandonment of water rights. 45 C. 303.

C. A. 190. Instructing jury and receiving verdict WIFE. on Sunday. 12 C. C. A, 462.

Death of husband by wrongful actComments of counsel on failure to

Damages. 1 C. C. A. 33. produce witness. 13 C. C. A. 589. Trial by jury in criminal prosecutions.

Liability of husband for torts of. 12 C.

C. A. 196. 39 C. O. A. 275. Additional proofs in appellate court WILLS.

without trial de novo. 67 C. C. A. Probate jurisdiction of federal courts. 600.

36 C. C. A. 276. Operation and effect of motions by WITNESS.

both plaintiff and defendant for direction of verdict. 77 C. C. A. 8.

Competency in federal courts-Follow:

ing state practice. 5 C. C. A. 602; TRUSTEES.

21 C. C. A. 278. Citizenship as affecting the jurisdiction Method of summoning

Following of the federal courts. 10 0. C. A. state practice. 5 C. C. A. 602. 252; 27 C. C. A. 300.

Comments of counsel in argument on TRUSTS.

failure to produce. 13 C. C. A. 589.

Competency of, as to general reputa. Assets of corporation when trust fund

tion. 53 C. C. A. 109. for creditors. 23 C. C. A. 315. Place of taxation of property held in

Misconduct of witness with reference trust or other fiduciary capacity. 72

to cause on trial as ground for imC. C. A. 283.

peachment. 71 C. C. A. 411.

Time for objection to competency of UNITED STATES.

witness. 74 C. C. A. 3. Estoppel against. 16 C. C. A. 353. Impeachment and contradiction of parAssignment of claims and government ty called as witness by adversary. 74 contracts. 22 C. C. A. 650.

C. C. A. 142. Nature and extent of power of United Excuses for disobedience of subpænas. States to condemn property for pub- 76 C. C. A. 591. lic use. 70 C. C. A. 653.

WRITS. CSURY.

Form and service of process. 5 C. C. Statutory exemptions of building and

A. 594. loan associations from operation of Issue and service on Sunday, 12 C. O. usury laws. 36 C. O. A. 343.

A, 462.

NOTES IN THIS VOLUME.

.

Page

6

Sufficiency of Discovery of Mineral Characteristics to Support

Mining Location.... Performance of Conditions in and Acceptance of Offer of Reward 98 Conditions and Provisions for Relief to Defendant in Decree in Action for Specific Performance...

188 Rights of Action between Husband and Wife.....

306 Effect of Acquittal in Criminal Prosecution on Liability in Tort for the Alleged Criminal Act...

107 Weight and Sufficiency of Evidence of Willful Burning by Insured as a Defense to Action on Insurance Policy....

455

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CASES

ARGUED AND DETERMINED

IN THE

UNITED STATES CIRCUIT COURTS OF APPEALS, .

(148 Fed. 799.)

LANGE V. ROBINSON et al.

(Circuit Court of Appeals, Ninth Circuit. October 22, 1906.)

No. 1,295.

1 MINES AND MINERALS-LOCATION OF MINING CLAIM-DISCOVERY.

The object of the law in requiring a discovery to precede the location of a mining claim is to insure good faith on the part of the locator and prerent frauds upon the government, and to constitute a discovery which will support the location of a gold placer claim as against another inineral claimant it is not necessary that gold should have been found thereon in paying quantity, but there must have been such a discovery of gold as gives reasonable evidence that the ground is valuable for placer mining,

taking into consideration its character, location, and surroundings. 1 2. SANE.

Plaintiff located certain gold placer mining claims along a creek in Alaska, and before doing so washed on each a few pans of the sediment deposited along the sides of the creek, and in each found small particles or colors of gold. Placer gold in paying quantities had been found on the bed rock on a tributary to the creek, and within a mile of such locations, and the bed rock at the place of the locations was from 125 to 150 feet below the surface. Plaintiff and other experienced miners testified that the gold found was sufficient to reasonably justify the investment of money to sink shafts. Held, that there was a sufficient discovery to support the locations as against another mineral claimant.

i See note at end of case.

79 C.C.A.-1

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