ABATEMENT AND REVIVAL.

Judgment as bar to another action, see "Judgment," § 2.
Submission to jury as separate issue, see "Trial," § 1.

ABUTTING OWNERS.

Rights in streets in cities, see "Municipal Corporations," § 2.

ACCESSION.

Annexation of personal to real property, see "Fixtures."

ACCIDENT.

Accident insurance, see "Insurance," § 6.

ACCORD AND SATISFACTION.

See "Compromise and Settlement"; "Payment."

ACCRUAL.

Of right of action, see "Limitation of Actions," § 2.

ACKNOWLEDGMENT.

Of indebtedness barred by limitation, see "Limitation of Actions," § 3.
Operation and effect of admissions as evidence, see "Criminal Law," § 1;
"Evidence," § 4.

ACTION.

Accrual, see "Limitation of Actions," § 2.

Bar by former adjudication, see "Judgment," § 2.

Between master and servant, see "Master and Servant," § 2.

Effect of consolidation on number of challenges to jury, see "Jury," § 1.

Jurisdiction of courts, see "Courts."

Limitation by statutes, see "Limitation of Actions."

Particular forms of action, see "Trespass to Try Title"; "Trover and Con-
version."

Particular proceedings in actions, see "Damages"; "Evidence"; "Judgment"; "Jury"; "Limitation of Actions"; "Parties"; "Process"; "Removal of Causes"; "Trial.”

Review of proceedings, see “Appeal and Error"; "Equity," § 1; "Judgment," 81; "New Trial."

Actions by or against particular classes of parties.

See "Carriers," § 1; "Corporations," § 3; "Husband and Wife," § 1.
Assignees, see "Assignments," § 1.

Stockholders, see "Corporations," § 2.

Particular causes or grounds of action.

See "Collision," § 6; "Insurance," § 8; "Libel and Slander," § 2; "Trover and Conversion," § 1; "Use and Occupation."

Bond of postmaster, see "Post Office," § 1.

Discharge from employment, see "Master and Servant," § 1.

Foreclosure of mortgage, see "Mortgages," § 2.

Infringement of copyright, see "Copyrights," § 1.

Infringement of patent, see "Patents," § 4.

Personal injuries, see "Master and Servant," § 2.

Unfair competition in trade, see "Trade-Marks and Trade-Names," § 1.

Proceedings in exercise of special jurisdictions.

Criminal prosecutions, see "Criminal Law."

Suits in admiralty, see "Admiralty"; "Collision," § 6; "Shipping," § 4.
Suits in equity, see "Equity."

ADEQUATE REMEDY AT LAW.

Effect on jurisdiction of federal court, see "Courts," § 1.

ADJUDICATION.

Operation and effect of former adjudication, see "Judgment," §§ 2, 3.

ADMINISTRATION.

Of estate of decedent, see "Executors and Administrators."
Of trust property, see "Trusts," § 1.

ADMIRALTY.

See "Collision"; "Maritime Liens"; "Salvage"; "Shipping."

1. Appeal.

A finding of fact by a court of admiralty upon conflicting evidence will not be reversed or modified by an appellate court unless there is a clear preponderance of evidence against it.

-Elphicke v. White Line Towing Co., 106 Fed. 945; White Line
Towing Co. v. Elphicke, Id....
..46 C. C. A. 56

ADMISSIONS.

As evidence, see "Evidence." § 4.

As evidence in criminal prosecutions, see "Criminal Law," § 1.

ADVERSE POSSESSION.

See "Limitation of Actions."

AFFREIGHTMENT.

Contracts, see "Shipping," § 2.

AGENCY.

See "Principal and Agent."

AGREEMENT.

See "Contracts."

ALLOWANCE.

Of appeal or writ of error, see "Appeal and Error," § 4.

See "New Trial."

APPEAL AND ERROR.

Appellate jurisdiction of circuit court of appeals, see "Courts," § 1.

In patent cases, see "Patents," § 4.

Review of criminal prosecutions, see "Criminal Law," § 4.

Review of order remanding cause to state court, see "Removal of Causes."
§ 2.

Review of proceedings in admiralty, see "Admiralty,” § 1.

§ 1. Decisions reviewable.

The question whether or not the trial court has the jurisdiction to
make an order granting or refusing a new trial is reviewable in the
federal courts by an appeal or writ of error challenging such order.

-City of Manning v. German Ins. Co., 107 Fed. 52. .46 C. C. A. 144
An order made by a court requiring a city to pay a sum to a receiver
on account of a disputed claim against the city, which makes no provi-
sion for the return of the money in any case, is appealable as a final
decree, although it leaves the question of the city's ultimate liability
for future determination.

-City of Eau Claire v. Payson, 107 Fed. 552........46 C. C. A. 466
There being two kinds of intervention, one belonging to the class of
cases in which leave to intervene is entirely discretionary, and the other
to that class in which the right is absolute, and it being sometimes diffi-
cult to determine to which a particular intervention belongs, the correct
practice for a chancellor, after refusing leave to intervene, is to grant an
appeal as a matter of course, if prayed for, as the intervener otherwise
would be entirely without remedy if the refusal should be a mistake.

-United States v. Philips, 107 Fed. 824................. .....46 C. C. A. 660
§ 2. Presentation and reservation in lower court of grounds of review.
An objection to an instruction that it was not sufficiently full cannot
be sustained on appeal if the attention of the court below was not called
thereto by a request for further instruction.

-Cass County v. Gibson, 107 Fed. 363...

A general exception to a court's refusal to give
presents no question for review.

-Cass County v. Gibson, 107 Fed. 363...

.....46 C. C. A. 341

requested instructions

.46 C. C. A. 341

A general exception to an instruction, which does not suggest or point out the defect complained of, so as to bring it distinctly to the court's attention, and afford an opportunity to remedy an omission complained of, if any exists, presents no question for review.

-Cass County v. Gibson, 107 Fed. 363......

....46 C. C. A. 341

If, in trespass to try title, there is anything in the evidence regarding lot lines or fences or other matters tending to render the verdict vague or uncertain, it cannot be inquired into on an appeal raising a question as to its sufficiency in such respects; that being a matter to be dealt with by the trial court on a motion for a new trial.

-Cochran v. Schreiber, 107 Fed. 371....

.46 C. C. A. 349

Where special instructions were offered, refused, and the refusal excepted to en bloc, no error can be predicated thereon if some of them were unquestionably bad.

-St. Louis Brewing Ass'n v. Hayes, 107 Fed. 395....46 C. O. A. 370

3. Parties.

Where the judgment or decree is joint, all the parties against whom it is rendered must join in the writ of error or appeal, unless there be summons and severance, or the equivalent.

-Loveless v. Ransom, 107 Fed. 626........

..46 C. C. A. 515

This matter is jurisdictional, and objection may be made at any time before final disposition of the appeal.

-Loveless v. Ransom, 107 Fed. 626....

..46 C. C. A. 515

§ 4. Requisites and proceedings for transfer of cause. Allowance of appeal need not be by a formal order, but may be by approval of appeal bond.

-In re Fiechtl, 107 Fed. 618; Peter Hand Brewery Co. v. Security Title & Trust Co., Id....... ..46 C. C. A. 497 Citation is not necessary where appeal is taken during the term at which the order appealed from was entered. -In re Fiechtl, 107 Fed. 618; Title & Trust Co., Id.....

Peter Hand Brewery Co. v. Security 46 C. C. A. 497

§ 5. Record and proceedings not in record. The exclusion of testimony will not be reviewed on appeal unless the record shows the nature of the objection interposed thereto.

-Massenberg v. Denison, 107 Fed. 18...... ....46 C. C. A. 120 Where a bill of exceptions on appeal to the United States circuit court of appeals was presented to the trial judge for allowance and signature within the time as extended, but it was not signed, or its execution perfected, within the time, the only question that can be considered on an appeal is whether the complaint warranted the judgment rendered in favor of plaintiff.

-Reynolds v. Lilly, 107 Fed. 381.

8 6. Assignment of errors.

.46 C. C. A. 359

To compel consideration of an assignment of error as to the admission or rejection of testimony, it should quote the full substance of the evidence admitted or rejected, as required by the rules of court relating to such assignments.

-Cass County v. Gibson, 107 Fed. 363.....

..46 C. C. A. 341

To compel consideration of an assignment of error as to the refusal of instructions, it should set them out totidem verbis, as the rules of court require.

-Cass County v. Gibson, 107 Fed. 363...........

..46 C. C. A. 341

An assignment of error to the giving of an instruction containing a number of propositions cannot be considered where the particular proposition of law objected to, or the grounds of objection, are not pointed out. -Hutchinson Cooperage Co. v. Snider, 107 Fed. 633..46 C. C. A. 517