Amnesty and pardon differentiated. Burdick v. United
States...
AMOUNT IN CONTROVERSY. See Jurisdiction.
Congress may so control terminal facilities of carrier as will
prevent creation of monopolies within prohibitions and lim-
itations of Act. Pennsylvania Co. v. United States........ 351
Power to dissolve corporation, given by Act, inconsistent
with defense by individual of want of legal existence. Wilder
Mfg. Co. v. Corn Products Co.....
... 165
Prohibitions and remedies provided by Act coextensive with
conceptions of public policy on which act founded. Id.
Contract held not illegal under Act because seller agreed to
give portion of its profits to purchaser exclusively dealing for
its own use with seller for specified period. Id.
Defense by one who has dealt with corporation that it has no
legal existence because an unlawful combination under Act,
is mere collateral attack on its organization which cannot
lawfully be made. Id.
Decision and mandate in case under Act not to be inter-
preted as safeguarding one public interest by destroying an-
other, or as making movement of transportation freer in
some channels by obstructing it in others. United States v.
St. Louis Terminal .....
Terminal Railroad Association of St. Louis has right, as
accessory to its strictly terminal business, to carry on busi-
ness exclusively originating, moving and intended for de-
livery on its lines. Id.
Continental Wall Paper Co. v. Voight, 212 U. S. 227, distin-
guished. Wilder Mfg. Co. v. Corn Products Co........... 165
See Kentucky.
Denial of right to prosecute in forma pauperis where, in ab-
sence of petition, proposed transcript discloses lack of merit.
Kinney v. Plymouth Rock Squab Co..
Allowance of right to prosecute writ of error from this court
in forma pauperis subject to judicial discretion as to good
faith and merit. Id.
Suits in forma pauperis under act of 1892 as amended by act
of 1910, allowable in the same discretion as to merit as under
former act granting right to plaintiff in court of first instance.
Id.
APPEAL AND ERROR-Continued.
Bill of exceptions not necessary to open question of law ap-
parent on record which shows no waiver of rights. Denver
v. Home Savings Bank. . .
Exception furnishes no basis for reversal save on ground
specifically called to attention of trial court. United States
v. United States Fidelity Co......
Law of United States within meaning of cl. 6, § 250, Judicial
Code, only such as not local in application to District of Co-
lumbia. Washington, A. & Mt. V. Ry. Co. v. Downey...... 190
Statute of United States, general in application but declared
unconstitutional except as it relates to District of Columbia
and Territories, is not a law of the United States within
meaning of cl. 6, § 250, Judicial Code. Id.
Test of jurisdiction of this court under cl. 6, § 250, Judicial
Code, is character of statute and not that of act to which
statute applies. Id.
Employers' Liability Act of 1906 held applicable to accident
occurring on interstate train in District of Columbia as local
statute and not one contemplated by cl. 6, § 250, Judicial
Code. Id.
Where both parties have appealed, one from decree entered
on mandate of this court and other from denial of motion
to modify decree, dismissal of latter appeal would not
limit court's power and duty to pass on questions raised by
it; proper practice consolidation of appeals. United States
v. St. Louis Terminal. ....
Controversy over distribution of fund in hands of trustee in
bankruptcy, proceeds of property attached by creditor,
within four months of petition, lien of which has been pre-
served to estate, is one arising in bankruptcy proceedings,
appealable under Circuit Court of Appeals Act and not con-
trolled by § 25 of Bankruptcy Act. Globe Bank v. Martin 288.
Harmless error constitutes no ground for reversal. Meeker
v. Lehigh Valley R. R. ...
Under §§ 649, 700, 1011, Rev. Stat., as amended, findings of
fact have effect of verdict of jury, and this court does not
reverse but merely determines whether they support judg-
ment. United States v. United States Fidelity Co ... ..
Certiorari denied in case appealable under Circuit Court of
Appeals Act. Globe Bank v. Martin....
ARGUMENT. See Practice and Procedure.
ASSESSMENTS. See District of Columbia.
When question for jury. See Seaboard Air Line v. Padgett.. 668
Goods under attachment may be sold or mortgaged upon
notice to officer, as effectively as though a true delivery
made. Duffy v. Charak.
Provisions of Bankruptcy Act superior to state laws in re-
gard to. Globe Bank v. Martin.
Protection of confidential communications between attorney
and client matter of public policy. United States v. Louis-
ville & Nashville R. R. Co.....
Professional services of an attorney are not property within
meaning of par. 2, § 17, of Bankruptcy Act of 1898, as
amended in 1903. Gleason v. Thaw..
Fees allowable under §§ 8, 16, Act to Regulate Commerce.
Meeker & Co. v. Lehigh Valley R. R..
This court has jurisdiction to review question as to effect of
proceedings in bankruptcy and discharge as bar to debt held
by bankruptcy court to be not provable. Lesser v. Gray.... 70
Controversy over distribution of fund in hands of trustee,
proceeds of property attached by creditor, within four
months of petition, lien of which has been preserved to es-
tate, is one arising in bankruptcy proceedings, appealable
under Circuit Court of Appeals Act and not controlled by
§ 25 of Bankruptcy Act. Globe Bank v. Martin..
Where no effort made to review as prescribed by Bankruptcy
Act, action of bankruptcy court in disallowing claim not
reviewable by suit in state court based on contention that
debt non-provable. Lesser v. Gray....
Provisions of Bankruptcy Act in regard to attachments and
liens acquired under state laws are superior to all state laws.
Globe Bank v. Martin
Disposition of fund obtained under attachment by virtue of
state laws, under which attaching creditors alone would
share, lien having been preserved under § 67-b of Bankruptcy
Act, determined by rule prevailing in Federal jurisdiction
and not by that in state court in absence of bankruptcy. Id.
Title with which trustee vested under § 70-a includes all
property transferred by bankrupt in fraud of creditors and
which was subject to execution prior to bankruptcy. Id.
Under § 70-e, trustee may avoid any transfer which creditor
of bankrupt might have avoided and may recover the prop-
erty in hands of anyone not bona fide holder for value. Id.
Professional services of an attorney are not property within
meaning of par. 2, § 17, of Act of 1898, as amended in 1903.
Gleason v. Thaw...
Provable debts include all liabilities of bankrupt founded on
contract, express or implied, which at time of bankruptcy
were fixed in amount or susceptible of liquidation. Wil-
liams v. United States Fidelity Co.....
Preferred liens under § 64-b of Bankruptcy Act are statutory
liens and that section does not prevent application of § 67-f
under circumstances of this case. Globe Bank v. Martin.... 288
Vendor's lien held one dissolved by § 67-f. Lehman v. Gum-
bel...
Claim presented and disallowed as not having foundation
not a non-provable debt and is barred by discharge. Lesser
v. Gray.
Contract on which claim based held terminated by defend-
ant's bankruptcy or breach by non-compliance, and defend-
ant released by discharge in bankruptcy. Id.
Holder of recorded mortgage on personalty in Massachu-
setts, made within four months of petition in bankruptcy,
took possession after attachment of property and day before
petition filed. Mortgagee held entitled to his security to
extent mortgage represented cash advanced at time given.
Duffy v. Charak....
Surety of bankrupt has opportunity to share in estate and
is barred by discharge, and this though contract for breach
of which surety became liable was broken before bankruptcy
and surety did not pay consequent damage until thereafter.
Williams v. United States Fidelity Co... ...
Where bankruptcy court made no order as to whether lien
of attachment levied before petition filed should be preserved
for benefit of estate, further action on that point left to
bankruptcy court. Duffy v. Charak...
Where inferior state court attempts to proceed under at-
tachment based on vendor's statutory lien filed within four
months of petition and state supreme court holds that there
is no vendor's lien but only ordinary attachment, peremp-
tory writ of prohibition against state court and relegating
parties to bankruptcy court is the proper practice. Lehman
Gumbel .....
In view of well known purposes of Act exceptions to opera-
tion of a discharge thereunder should be confined to those
plainly expressed. Gleason v. Thaw . . . .
Purpose of Bankruptcy Act. See Williams v. United States
Fidelity Co...
An article of commerce. Kirmeyer v. Kansas....
BILL OF EXCEPTIONS:
Not necessary to open question of law apparent on record
which shows no waiver of rights. Denver v. Home Savings
Bank
Authority of municipality to issue certificates of indebted-
ness carried authority to make them negotiable. Denver v.
Home Savings Bank . . . .
No essential difference between municipal bonds and certif-
icates of indebtedness. Id.
Presumption that authority to raise money by sale of munic-
ipal bonds and certificates of indebtedness carries authority
to put same in marketable form. Id.
Obligation of county bonds issued under legislative author-
ity not paramount to authority of State. Yost v. Dallas
County....
Right given in county bonds to have tax levied for payment
is to be exercised as provided by statute and not by courts.
Id.
Local statutes the measure of rights of one suing in Federal
court on contract obligation of county. Id.
See Principal and Surety.
BUILDING CONTRACTS. See Principal and Surety.
Statute of 1911, relative to hours of service of women, not
unconstitutional either as unwarranted invasion of liberty of
contract or as denying equal protection of the law. Miller
v. Wilson
See Common Carriers; Constitutional Law;
Passes; Railroads; Rates; Safety Appliance Act; States.
|