ABANDONED PROPERTY ACT. See Claims, 1.
ACCEPTANCE. See Contracts, 1, 12.
ACCOUNTING. See Banks and Banking; Mines and Min-
ing, 8.
1. Under constitution and laws of South Dakota, interest re-
ceived by state treasurer on state funds deposited by him in
bank belongs to State, and treasurer must account therefor.
South Dakota v. Collins...
2. Interlocutory proceedings for accounting in District
Court will not be forbidden by mandamus upon ground that
disposition of other proceedings before this court may render
accounting nugatory and useless expense. Ex parte Wagner 465
ACTIONS AND DEFENSES. See particular titles.
ACT OF GOD. See Carriers, 4.
ACTS OF CONGRESS. See Table at front of volume.
ADMINISTRATIVE DECISIONS. See Interstate Com-
merce Acts, 1–4; Meat Inspection Act, 3, 6–9; Mines
and Mining, 5; Public Lands, 5, 7; Taxation, III, 1.
1. Jurisdiction of District Court; Shipping Board. Requisi-
tion of ship under Act of June 15, 1917, for war purposes,
but without displacing custody and possession of marshal,
does not oust jurisdiction in admiralty. Ex parte Whitney
Steamboat Co.....
2. Id. Appearance of Owner. Owner who has not appeared
cannot object to order, on consent of libelants and Shipping
Board, for use of ship by Government, while vessel remains
in custody of court through designation of its master as
special deputy marshal. Id.
3. Maritime Contracts. For maritime service within ad-
miralty jurisdiction, although not to be executed on nav-
igable waters. North Pacific S. S. Co. v. Hall Bros. Co........ 119
4. Id. Place of performance-upon navigable waters or
elsewhere-merely an evidentiary circumstance. Id.
5. Id. Difference between construction contract, or lease of
facilities on land for repair, and contract for repair by use of
such facilities. Id.
6. Id. Repairs under superintendence of ship owner. Id.
7. Id. Materialman. Furnishing supplies or repairs, may
proceed in rem or in personam. Id.
8. Seaworthiness; Personal Contract; Limited Liability.
Owner who warrants seaworthiness, and is also privy to and
has knowledge of unseaworthiness, to which is due loss of
cargo, not within Limited Liability Act of 1884. Capitol
Transp. Co. v. Cambria Steel Co...
AGENCY. See Contracts, 7; Estoppel, 1; Interstate Com-
merce Acts, 8.
AGRICULTURE, SECRETARY OF. See Meat Inspection
Act.
ALASKA. See Jurisdiction, III (6).
ALIENATION, RESTRAINT ON. See Indians, 1, 2.
ALIENS. See Jurisdiction, V, 2, 3.
Effect on prior offenses. See Criminal Law, 5.
ANNUAL LABOR. See Mines and Mining, 13, 14.
APPEAL AND ERROR. See Injunction; Jurisdiction;
Effect of reversal on further proceedings. Arkadelphia Co.
v. St. Louis S. W. Ry...
Creation of State did not affect corporate status of Indian
pueblo, previously acquired. Lane v. Pueblo of Santa Rosa 110
ARMY. See Criminal Law, 3-5, 9, 15, 19.
Power of Congress to punish conspiracy to obstruct re-
cruiting. See Constitutional Law, VI.
1. Persons designated, registered and enrolled and subject to
be called under Draft Act are, it seems, part of military
forces of the United States, within § 3 of Espionage Act.
Debs v. United States....
2. The term "troops of the United States," as used in land
grant acts, and agreement of Union Pacific Co., in relation to
transportation for Government, held not to embrace follow-
ing, when not traveling as part of moving body of soldiers:
discharged soldiers, discharged military prisoners and re-
jected applicants for enlistment; applicants for enlistment,
provisionally accepted, but subject to final examination and
not sworn in; retired enlisted men; furloughed soldiers en
route back to their stations. United States v. Union Pac.
R. R.....
ASSESSMENTS. See Mines and Mining, 13, 14; Taxation,
IV, 1-10.
ASSETS. See Bankruptcy Act.
ASSIGNMENTS OF ERROR. See Procedure, IV.
ASSUMPTION OF RISK. See Constitutional Law, XI, 11.
ATTACHMENT. See Admiralty, 1, 2.
AUTHORITY OF LAW. See Carriers, 4.
1. Jurisdiction of District Court; Venue.
avoid preference cognizable by District Court in district
where property is, without regard to consent of defendant,
or his residence or that of trustee or bankrupt. Collett v.
Adams..
2. Id. This jurisdiction the same whether suit under § 60b,
or §§ 67e and 70e, as amended. Id.
BANKRUPTCY ACT-Continued.
3. Id. Service of Process. Such suit is local, under Jud.
Code, § 54, so that defendant residing in another district of
same State may be served at his residence. Id.
4. Id. Such suits, apart from Bankruptcy Act, are excepted
by Jud. Code, § 51, from general provision that defendant
may not be sued in any district other than that of which he
is inhabitant. Id.
5. Pendency of State Court Action, for damages, by trans-
feree against bankrupt, in which no lien is acquired, does
not affect jurisdiction of District Court over suit to set aside
preference. Id.
6. Adjudication; When not Conclusive. Although an adjudi-
cation of bankruptcy concludes all the world as to the
status of the debtor qua bankrupt, it does not bind strangers
as to the facts or subsidiary questions of law upon which it
is based. Gratiot State Bank v. Johnson..
7. Id. Insolvency. In suit by trustee to recover, as illegal
preferences, payments made by bankrupt, within 4 months
of filing of involuntary petition, to creditor who did not ap-
pear, adjudication not conclusive evidence of bankrupt's
insolvency when such payments were made. Id.
8. Id. Interventions. Sections 18b and 59f, allowing cred-
itors to intervene, are permissive only; and, unless creditor
exercises right, he remains stranger to proceedings. Id.
9. Liens; Priority. Only general creditors deferred to taxes
under § 64a. Richmond v. Bird...
10. Id. Taxes. Local superiority of private lien over taxes,
preserved by § 67d, prior to 1910. Id.
BANKS AND BANKING. See Accounting, 1.
1. Right of national bank to withdraw credit extended and
rescind loan agreement for fraud and failure to furnish agreed
collateral. Harriman Natl. Bank v. Seldomridge....
2. Not estopped from rescinding credit and loan agreement
by fact that, while in fieri, they are made false basis of
credit in another bank, by its cashier, upon which latter
bank pays check drawn upon itself. Id.
3. Book entries of loan do not create liability, in absence of
consideration and ground for estoppel. Id.
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