JURISDICTION-Continued.

I. Generally.

1. Trial de novo, on appeal in Admiralty. Standard Oil Co.
v. So. Pac. Co.....

Page.

146

2. Parties; Compromise with some, when consistent with
prosecution of appeal against others. U. S. v. Dunn...... 121
3. Rule of Property. Federal courts follow state court deci-
sions determining title to land. Hines Trustees v. Martin.. 458
4. Interlocutory Appeal. Power to dismiss bill. R. R. Co.
v. Story.....
288

II. Jurisdiction of this Court.

(1) In General.

1. Bankruptcy General Orders and Forms, cannot add to
substantive provisions of statute. Meek v. Banking Co... 426
2. Stare Decisis peculiarly applicable to decisions of this
Court affecting business interests of country. U. S. v. Flan-
nery.....

98

McCaughn v. Ludington...

106

3. Amendment, of defective allegation of residence. Realty
Holding Co. v. Donaldson....

398

(2) Over Circuit Court of Appeals.

1. Certiorari, in criminal case, where judgment not final.
U. S. v. Gulf Ref. Co.....

542

2. Appeal or Certiorari. Latter alone where jurisdiction of
District Court depends solely on diverse citizenship. B. &
O. R. R. v. Parkersburg.....

(3) Over District Court.

35

1. Suit by State, to enjoin federal officer from interference
with reserved powers, appealable directly. Colorado v. Toll. 228
2. Findings, in action on claim against United States.
Reading Steel Casting Co. v.

U.S......

3. Id. Admissions of parties also considered. Id.

186

1. Error or Certiorari. Judgment enforcing special assess-
ment over constitutional objection to underlying statute,
reviewable by error. Lee v. Road Imp. Dist.....

643

JURISDICTION-Continued.

Page.

2. Id. Error to judgment sustaining administrative order
fixing confiscatory railroad rates. Nor. Pac. Ry. v. Dept.
of Public Works...

3. Inferior State Court. When writ of error directed to.
Davis v. Cohen & Co.....

39

638

4. Final Judgment; Certiorari. Judgment affirming refusal
to grant injunction on pleadings and leaving nothing to be
done but dismiss petition to restrain tax collection, final and
reviewable by certiorari. North Carolina R. R. v. Story... 288
5. Federal Question, must be raised in State Court. Realty
Co. v. Kleinert....

6. Id. Assignment of Error, and specification in brief,
requisite. Id.

7. State Statute. Construction of by state court binding.
Land Co. v. Hoffman.

III. Jurisdiction of District Court. See Admiralty; Bank-
ruptcy.

1. In Personam. Jurisdiction limited to district in which
defendant inhabitant or can be found. Robertson v. Labor
Board ....

2. Subpoena under Transportation Act, in suit by Railroad.
Labor Board to compel attendance of witness, does not run
out of district.

Id.

3. Diverse Citizenship. Necessary party plaintiff must be
aligned as such. B. & O. R. R. v. Parkersburg.....

646

276

619

35

4. Id. "Resident" not equivalent to
Realty Holding Co. v. Donaldson...

citizen" in alleging.

398

5. Id. Amendment of allegation. Id.

6. Assignee Clause. Applies to suit for specific performance
of lease covenant. Id.

7. Id. Inapplicable where cause arises under law of United
States. Sowell v. Fed. Reserve Bank.....

449

....

8. Action by Federal Reserve Bank, is one arising under laws
of United States. Judicial Code § 24" first." Id.

9. Id. Such banks not national banks subject to restriction
of Judicial Code § 24, Sixteenth. Id.

10. Admiralty. Collision damaging piles in navigable waters.
Doullut & Williams Co. v. U. S.....

11. Bankruptcy. Sec. 5c of Act relates only to venue or
territorial jurisdiction. Meek v. Banking Co...

333

426

JURISDICTION-Continued.

12. Id. No authority to adjudge partnership on petition
against it by one of its members. Id.

13. Habeas Corpus, inapplicable to review questions of
pleading, venue and waiver arising in state criminal prosecu-
tion. Knewel v. Egan....

Page.

442

14. Enjoining Confiscatory Rates. When state administra-
tive procedure not yet exhausted. Banton v. Belt Line Ry. 413
15. Ancillary Jurisdiction, to restrain assertion of unfounded
claims against railroad, when suit to foreclose railroad mort-
gage is pending on behalf of bondholders. Central Trust Co.
v. Anderson County....

IV. Jurisdiction of Court of Claims. See Claims.

93

1. Rejection by Accounting Officers, can not bar action on
contract. St. L. B. & M. Ry. v. U. S. . . . . . .
169

2. Dockery Act, making acceptance of payment under audi-
tor's settlement conclusive, inapplicable to action in Court
of Claims. Id.

V. Jurisdiction of Court of Customs Appeals.

1. Remission of Duties. Jurisidction to review denial of by
Board of General Appraisers. U. S. v. Fish.....
607

2. Id. Final Decision, of Board, precedes liquidation. Id.

LABOR UNIONS:

1. Strikes. Responsibility of general union for strikes called
by subsidiary union determined by its constitution and
principles of agency. Coronado Co. v. Mine Workers..... 295
2. Anti-Trust Act, violation of through strikes. Id.

LACHES:

Breach of Trust. Remediable after 6 years delay of suit.
U. S. v. Dunn.

LEASE. See Equity, 2, 3; Taxation, I, 6, 7; Id. II, 3, 4;
Indians.

1. Estoppel, of lessee to deny validity of lease. U. S. v.
Dunn...

2. Fraud. Recourse of beneficiary when lease made by
trustee in own interest. Id.

LEGACY. See Taxation, I, 4, 13; II, 6–11.

LIBERTY. See Constitutional Law, VI; Id. IX, 21–26.

121

121

LIBERTY OF PRESS. See Constitutional Law, VI.

LICENSE. See Constitutional Law, IV, 2-6; Id. VII; Id. IX,
12, 13.

LIMITATIONS. See Claims, 8; Const. Law, VIII; Interstate

Commerce Acts, 4-8; Laches.

MARRIAGE. See Aliens, 4-6.

MARSHALING. See Negotiable Instruments.

MEDICINE. See Constitutional Law, V, 2.

MEXICO. See Extradition.

MORTGAGE. See Railroads.

MUNICIPALITIES. See Constitutional Law, IX, 7, 8.

Page.

1. Opium. Act penalizing concealment of illegally imported
opium and making possession presumptive evidence of illegal-
ity and guilty knowledge, constitutional. Yee Ham v. U. S. 178
2. Physician, may dispense drugs to addict, in bona fide.
practice. Linder v. U. S......

NATIONAL PARKS. See Public Lands, 2.

NATURALIZATION. See Aliens, 4-9.

NEGLIGENCE. See Admiralty, 6; Employers Liability Act;
Interstate Commerce Acts.

NEGOTIABLE INSTRUMENTS:

1. Presentment and Notice of Dishonor. Waiver of by stip-
ulation in note. Sowell v. Fed. Reserve Bank......

2. Set-Off and Marshaling. Maker not entitled to stay of
action on note until endorsee suing has exhausted other col-
lateral given by payee bank, not party to the action, as to
which maker has equitable right to set off the amount of his
bank deposit. Id.

NOTICE. See Claims, 4; Constitutional Law, IX, 10; Inter-
state Commerce Acts, 1; Negotiable Instruments, 1.

OFFICERS. See Army.

1. De Facto. Attempted exercise of competent appointing
power not essential. U. S. v. Royer....

5

449

394

OFFICERS Continued.

2. Vacancy. Evidence of in acts of superior officer and
acceptance and performance by incumbent. Id.

3. Pay. De Facto officer not required to refund. Id.

4. Prohibition Agent. Authority to execute search warrant.
Dumbra v. U. S........

OIL LANDS. See Taxation, II, 4.

OPIUM.. See Narcotics.

PARENT AND CHILD. See Aliens, 1, 2.

PARI DELICTO. See Contracts, 5.

PARTIES. See Interstate Commerce Acts, 4-6; Negotiable
Instruments; Trading with the Enemy Act.

Page.

435

1. Abandonment of Appeal, as to some parties, by agree-
ment effect on prosecution as to others. U. S. v. Dunn... 121
2. Injunction against Federal Officer, in suit by state, with-
out joining superiors or United States as parties. Colorado
v. Toll.....

3. Necessary. Corporation indispensible party in suit by sole
stockholder asserting its rights. B. & O. R. R. V. Parkers-
burg.....

228

35

4. Substitution. Right of successor in office to be substi-
tuted and maintain appeal taken by predecessor from order
discharging prisoner in habeas corpus. Knewel v. Egan.... 442
5. Id. Of Director General of Railroads. See Pleading, 3.
6. Id. Of representative of deceased petitioner in bank-
ruptcy. Meek v. Banking Co......

426

7. Unconstitutional Statute, may be assailed by corporation
whose business will be destroyed as result of unlawful effects
on customers. Pierce v. Hill Military Academy...

510

PARTNERSHIP. See Bankruptcy, 3-8.

PASSPORT. See Aliens, 6.

PAY. See Army; Const. Law, II; Officers.

PAYMENT. See Claims, 1; Contracts, 5; Equity, 6.

PERSONAL INJURIES. See Admiralty, 6; Employers Lia-
bility Act.

PHYSICIANS. See Constitutional Law, V.