-what questions will be reviewed.
Federal questions which could not, stand-
ing alone, have been made the basis
of a writ of error as within scope of
review upon writ of error to state
court because case involves constitu-
tionality of state statute under Fed-
eral Constitution. 27-27.
State statutes as violating Federal Con-
stitution in its application to facts
set out in pleadings, duty of Federal
Supreme Court
to analyze facts
averred and draw its own inferences.
27-375.
Effect of appeal; subsequent proceed-
ings in state court.
New trial on ground of newly discovered
evidence, which court has jurisdic-
tion to entertain motion for, pending
appeal. 27-1091 (case p. 1083).
New trial, effect of appeal on statutory
power of trial court to grant. 27-
1083.
Legatee who renounced his interest under
will as entitled to notice of appeal by
intervener claiming the entire bequest
from a decree enforcing an execution
against the interest of the legatee.
27-465.
Assignments of error.
Necessity of pointing out in what par-
ticulars findings of fact are not sup-
ported by the evidence. 27-874.
Objections and exceptions; raising
questions in lower court.
General objection to evidence as insuffi-
cient to exclude relevant evidence that
may be objectionable on special
grounds. 27-834.
- necessity of raising question below.
Instructions not objected to are the law
of the case. 27-1235.
Theory upon which case was submitted to
trial court as law of the case on ap-
peal. 27-533.
- raising questions by motion or other
mode.
Errors in admission or rejection of testi-
mony, or correctness of finding as to
damages, not considered by appellate
court in absence of motion to set aside
verdict or award new trial. 27-1475.
Review and determination generally.
Injunction against picketing, duty of ap-
pellate court to determine right to, as
of the time of the hearing, where the
Clayton Act was passed after the de-
cree appealed from was entered.
27-360.
Decisions in favor of party.
Homicide, right of one convicted of less-
er degree of, to complain of instruc-
tions submitting issue of lesser de-
gree, on ground of absence of evi-
dence to support the charge. 27-
1100.
Conviction of offense less than that
charged but necessarily included with-
in it cannot be complained of by de-
fendant on ground that evidence
showed guilt of the greater offense.
27-1093.
Evidence favorable to one complaining of
error in admission thereof. 27-834.
Objections as to which party is es-
topped.
Consent as estoppel. 27-313.
Evidence, exclusion of, upon agreement of
parties cannot be complained of.
27-313.
Evidence of details of trial for felony
brought out by redirect examination
of party after a mere eliciting on his
cross-examination of the fact of a
return of verdict against him cannot
be complained of. 27-533.
Discretionary matters.
Joinder of parties plaintiff in suit to re-
cover treble damages under Sherman
Anti-Trust Act. 27-762.
Sentence for crime, severity of. 27-1180.
Arbitrary discretion not permissible. 27-
Conflicting evidence, review of discretion
of trial judge as to grant of new trial
in case of. 27-834.
Equiponderant evidence or evidence which
is nearly so will not justify court in
granting new trial for insufficiency of
evidence. 27-313.
Newly discovered evidence, refusal to in-
terfere with discretion in granting
new trial for, except in case of clear
abuse of discretion or unless the trial
judge has committed an error of law.
27-1083.
Errors waived or cured below.
Refusal to reverse conviction for admis-
sion of evidence subsequently stricken
out. 27-848.
Refusal to reverse conviction for admis-
sion of evidence which jury was in-
structed to disregard, in absence of
anything to show prejudice. 27-848.
Review of facts.
Federal Supreme Court's review of facts
on appeal, see supra.
Genuineness of disputed document, re-
view on appeal of evidence as to.
27-319 (case p. 313).
The dash in each citation stands for A.L.R.
Conflict between oral evidence and infer-
ences proper to be drawn from cir-
cumstances and facts appearing in
the case. 27-681.
- of findings of court generally.
Conflicting evidence, finding of trial judge
on, held binding on appeal. 27-976.
Damages, refusal of appellate court to
disturb judgment in ejectment for
mesne profits. 27-822.
Erroneous view of the law as applied to
the facts as affecting conclusiveness
of finding of trial court on oral evi-
dence. 27-5.
Finding of facts which is contrary to con-
clusion of law resulting from other
facts. 27-1479.
-on appeal from appellate court.
Facts not open to review upon appeal
to supreme court from judgment of
appellate court. 27-625.
What errors warrant reversal.
Misjoinder of parties plaintiff. 27-1508.
Ruling on demurrer not disturbed if sus-
tainable upon any ground, where rec-
ord does not indicate ground for rul-
ing. 27-1374.
-as to exclusion of evidence.
Injunction restraining state officer from
confiscating and destroying whisky
passing through state in interstate
commerce, rejection of evidence of
Federal permits. 27-98.
-as to instructions given.
Homicide, reversible error in giving in-
struction against finding of lower
degree, in absence of evidence of
lower grade of homicide than that
of which accused was convicted.
27-1099.
Homicide, reversible error in giving in-
struction permitting finding of lower
degree in absence of evidence sup-
porting the charge. 27-1100.
Comment or expression of opinion on evi-
dence. 27-543.
Federal court's refusal to reverse, because
charge of trial judge was argumen-
tative and emphasized the evidence
of one party while tending to dis-
credit that of the other. 27-543.
Verbal inaccuracy held not to work a re-
versal if meaning is clear from con-
text. 27-834.
- failure or refusal to instruct.
Homicide, absence of evidence support-
ing charge of lesser degree of homi-
cide as affecting duty of court to
instruct as to lesser degree. 27-
1097.
Italic type indicates points with annotation; roman type, points without.
Tenant who gives permission to outgoing
tenant to leave his property on the
premises as gratuitous bailee for ben-
efit of outgoing tenant. 27-65.
Approval by, as condition of right of com-
mon-law trust to sell its securities.
27-1159.
Rights of bank receiving trust receipt, see
TRUST RECEIPTS.
Officers and agents.
Importer who has given bank financing
importation a trust receipt as agent
of the bank, with power to bind it to
repay money advanced by broker in
settlement of tariff duties. 27-1522.
Set-off of deposit.
Partnership deposit as subject of set-off
by partners against their individual
debts to the bank. 27-110.
Transmission of money or credit.
Measure of damages on breach of con-
tract, see DAMAGES.
Duty and liability of bank under agree-
ment to remit money. 27-1488
(cases pp. 1465, 1475, 1479).
Agreement to remit money as implying
merely an agreement to remit it
through the ordinary banking chan-
nels. 27-1479.
Assumpsit to recover money paid to bank
for transmission to foreign country
on bank's breach of contract. 27-
1475.
Custom as affecting contract by banker to
transmit funds to foreign country.
27-1465.
Delivery of money to person named as
part of agreement to remit money to
person in foreign country. 27-1479.
Executory agreement or executed sale of
exchange, bank's contract to remit
money to foreign country as. 27-1465.
Overruling demurrer to evidence in ac-
tion to recover money paid to bank
for transmission to foreign country.
27-1475.
Repudiation of contract by one contract-
ing with bank for transmission of
funds to foreign country where per-
formance becomes impossible because
of war conditions. 27-1465.
The dash in each citation stands for A.L.R.