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and there is no authority for reading into it,
under the guise of construction, extraordinary See "Towage."
provisions not necessary to give full effect to
the intention expressed.-The Neck (D. C.) 144.


On church property, see "Religious Societies."
On mineral lands, see "Mines and Minerals,"
§ 2.

Parties, see "Parties," § 1.


See "New Trial"; "Reference"; "Witnesses."
Existence of contract as question for jury, see
"Contracts," § 1.

Proceedings incident to trials.
See "Continuance."

Trial of particular civil actions or proceedings.
See "Malicious Prosecution," § 2; "Negli-
gence," § 1.


A peremptory instruction for plaintiff, filed
with other requests to charge while the court
was ruling on a motion for a directed verdict,
held not to amount to a submission of contro-
verted issues to the court, precluding plaintiff
from objecting to the court's adverse finding
thereon. Minahan v. Grand Trunk Western
Ry. Co. (C. C. A.) 37.

§ 2. Instructions to jury.

Requests to charge may be properly refused,
where they are substantially covered by in
structions given.-Lynch v. United States (C.
C. A.) 535.


See "Trade-Marks and Trade-Names," § 1.


See "Trade Unions."

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Actions for causing death, see "Death," § 1.
For breach of contract of sales, see "Sales," See "Colleges and Universities."
§ 4.

For breach of warranty, see "Sales," § 4.

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For injuries caused by delay in transportation
of live stock, see "Carriers," § 3.

For personal injuries, see "Carriers," § 4; "Mas- 8 1. Usurious contracts and transac-


ter and Servant," § 1; "Railroads," § 1.

On disputed claim against bankrupt, see "Bank-leged usurious debt was brought in to a pro-
Where the holder of a senior lien for an al-
ruptcy," § 6.

Suits in equity, see "Equity," § 4.
Suits to try tax titles, see "Taxation," § 7.

ceeding to determine the priority of liens as a
defendant, and he did not file pleadings, such
lien could not be vacated without paying the
lienholder the amount received by the debtor,

§ 1. Taking case or question from jury.

A trial judge in a federal court is not enti--In re L'Hommedieu (D. C.) 606.
tled, on his own view of the evidence, to direct
a verdict, where there is a positive conflict in
the evidence on an issue material to the contro-
versy.-Minahan v. Grand Trunk Western Ry. Of judgment, see "Judgment," § 1.
Co. (C. C. A.) 37.

Indians, see "Indians."

Public lands, see "Public Lands," § 2.
Public mineral lands, see "Mines and Miner-
als," § 1.


Jurisdictional amount in controversy on appeal
in bankruptcy, see "Bankruptcy," § 8.
Limits of jurisdiction, see "Courts," § 3.
Relevancy of evidence, see "Evidence," § 1.

See "Sales."

Conflicting rights of purchasers of land to trade-
name, see "Trade-Marks and Trade-Names,"
§ 1.
Fraudulent entry of public lands as affecting
purchaser, see "Public Lands," § 2.
Specific performance of contract, see "Specific


§§ 1, 2. Requisites and validity of con-


Combinations to monopolize trade, see "Mo-
nopolies," § 1.

Conveyances in trust for creditors, see "As-
signments for Benefit of Creditors."
Creation by will, see "Wills," § 1.
Trust deeds, see "Chattel Mortgages.'
Trust mortgage of street railroad, see "Street both parties or by the party giving it, does not
Railroads," § 1.
constitute a contract binding upon either party

An offer to give an option to purchase real
estate, where a written contract embodying the
terms of the option is clearly contemplated by

138 F.-67

until such writing has been duly executed.- tion district, but the bonds were not delivered
Couch v. McCoy (C. C.) 696.
until 18 months thereafter, when, without

Correspondence between complainant and de-changing the date, they were signed by the
fendant held not to create an option contract secretary then in office, and the signature on
for the purchase of real estate, enforceable in void. Wright v. East Riverside Irr. Dist. (C. C.
the coupons was not changed, the bonds were
equity. Couch v. McCoy (C. C.) 696.
A.) 313.

§ 3. Construction and operation of con-


An offer of an option to purchase real es-

tate, until it has become a completed option Public ways, see "Highways."
contract by acceptance in accordance with its
terms and the payment of a consideration, is
subject to the same rules as an offer to sell,
and may be withdrawn at any time.-Couch v.
McCoy (C. C.) 696.

An option contract for the purchase of real
estate, if complete and certain as to its terms
and based on a valuable consideration paid, is
converted into a contract of sale, which may
be specifically enforced in equity by an accept-
ance by the vendee in accordance with the
terms and within the time limited therein.-
Couch v. McCoy (C. C.) 696.


Of actions for causing death, see "Death," § 1.


See "Master and Servant," § 1.


See "Municipal Corporations."

§ 1.



Will construed, and held to create an express
trust under Real Property Law N. Y. (Laws
Directing verdict in civil actions, see "Trial," 1896, p. 571, c. 547) § 76, subd. 3.-In re
§ 1.

L'Hommedieu (D. C.) 606.


Of seamen, see "Seamen."


Of forfeiture of mining lease, see "Mines and
Minerals," § 2.
Of rights as to insurance policy, see "Insur-
ance," § 5.


By insured, see "Insurance," §§ 3, 4.


A decree affirmed, holding a dock owner sole-
ly in fault and liable for removing libelant's
schooner from the dock after loading and an-
choring her in the river, where there was float-
ing ice by which she was injured.-New York,
S. & W. R. Co. v. Roney (C. C. A.) 47.



Jurisdiction of equity, see "Equity," § 1.

§ 1. Public water supply.

Where irrigation bonds issued under Wright
Act (St. Cal. 1887, p. 35, c. 34) § 15, were
dated December 30, 1890, and the coupons
were signed by the then secretary of the irriga-

See "Executors and Administrators."

Effect of judgment as lien on remainder under
will, see "Judgment," § 5.

Equitable conversion, see "Conversion."

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eral court sitting in another state.-Doll v. § 3. Credibility, impeachment, contra-
Equitable Life Assur. Soc. (C. C. A.) 705.
diction, and corroboration.
§ 2. Examination.
*In an action for salary, defendant held enti-
to impeach his testimony, that he had previous-
tled to prove by plaintiff, on cross-examination
ly recovered a judgment against defendant by
default, which had been set aside for fraud and
collusion.-Masters v. Seeley (C. C. A.) 719.

In an action to recover goods alleged to have
been fraudulently purchased, one of the officers
of the ultimate buyer held not entitled to refuse
to answer certain questions, on the ground that
they were irrelevant and required a disclosure
of trade secrets.-In re Park (C. C.) 421.

*An officer of a bankrupt corporation, under
indictment for embezzlement of its funds, can-
not be compelled to state on his examination
before the referee, over his claim of privilege,
whether or not he appropriated certain money
of the bankrupt to his own use; but he may
be required to state whether he has in his pos-
session or under his control any property of
the bankrupt estate. In re Hooks Smelting
Co. (D. C.) 954.


Particular writs.

See "Habeas Corpus"; "Injunction."
Writ of error, see "Appeal and Error."


See "Taxation," § 6.
*Point annotated. See syllabus.


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