A

ABANDONMENT.

See COPYRIGHT, 2.

ACCOMPLICE.

See EVIDENCE, 3.

ACTION.

See ASSIGNEE.

DUTIES, 24, 25.

INCOME TAX, 2, 3.

INTERNAL REVENUE, 4, 20.
JURISDICTION, 4 to 8, 12, 17
to 19.

LIMITATION, 1, 2.
STATUTE.

ADMIRALTY

1. Where, in a suit in Admiralty, in
the District Court, the question was,
whether a contract was one of af-
freightment on the part of a vessel,
or of a hiring of the vessel and her
crew, she to be navigated by the
hirer, and all the witnesses were ex-
amined before the Court, and the
question was simply one of fact, and
turned very much upon the weight
to be given to the witnesses: Held,
on appeal, that this Court would not
disturb the finding, even if it differed
with the District Court. The Suns-
wick,
280

See COSTS, 8.
LIEN, 1, 2.
VESSEL, 2.

ADMINISTRATOR.

1. To a bill filed by the next of kin of
a deceased person, against his admin-
istrator, for distribution of his estate,
the administrator pleaded, in bar of
the suit, the adjudication of a Surro-
gate's Court, determining that the
administrator was the next of kin of
the deceased, the adjudication being
made on a contest between the ad-
ministrator and the plaintiff, as to
the grant of letters of administration:
Held, that such adjudication was not
conclusive on the question of distri-
bution, and that the plea was bad.
Caujolle v. Ferrié,

See JURISDICTION, 18, 19.

225

AGENT.

See PLEADING, 1, 2.

AGREEMENT.

See EQUITY, 18 to 20.

AMENDMENT.

1. Where the declaration, in an action of
trover, claimed, as damages, a sum less
than that for which a verdict was
rendered for the plaintiff, and he
moved, after the verdict, to amend
the declaration, by increasing the
damages claimed to a sum larger
than the verdict, and the defendant
did not object to the amendment,

September 24th, 1789, (1 U. S. Stat.
at Large, 79,) an attachment of prop-
erty of the defendant, made before
the removal of the suit into this
Court, under a warrant of attach-
ment issued by the State Court after
the commencement of the suit, will
continue to hold the property to an-
swer the final judgment of this Court
in the suit, as being, within the
meaning of said 12th section, an attach-
ment of such property by "the orig-
inal process." Barney v. Globe Bank,
107

2. The defendant claimed that he had
not knowingly violated an injunction
issued on the Goodyear "hard rub-
ber" patent, because he believed
that he had a right, under the injunc-
tion, to make and sell articles con-
taining more than sixteen ounces of
sulphur to sixteen ounces of India
rubber, and he had made and sold no
other articles. On testimony that a
comb sold by him contained, by
analysis, less than sixteen ounces of
sulphur to sixteen ounces of rubber,
the Court held that he had wilfully
violated the injunction. Goodyear v.
Mullee,

463

3. But, as it appeared that he had al-
ready been imprisoned fifty days,
and had not given bail, which had
been fixed at $2,000, and could not
give it, and had a family and no
means, the Court released him on his
own recognizance, in the sum of
$2,000, for his appearance, whenever
ordered to appear, further proceed-
ings on the attachment to be sus-
pended indefinitely, but to be re-
sumed if the defendant should there-
after be guilty of violating the in-
junction, or on other good cause to
be shown.
id.

See BANK, 3.

JURISDICTION, 4 to 6.

B

BAIL.

1. Where a defendant in an indictment,
who was on bail, departed the Court
without leave, during the trial, and

1. Where a banking corporation issued
a certificate to C., certifying that he
had standing to his credit on the books.
of the bank ten shares of the capital
stock thereof, "which are transferable
at the bank, in person or by attorn-
ey:" Held, that the words "transfer-
able at the bank" meant "transfer-
able only at the bank," and also im-
plied that an act of transfer was to be
done at the bank, under the cogni-
zance of the officers of the bank.
Williams v. Mechanics' Bank, 59

2. Held, also, that the transfer of the
certificate by C. did not operate as a
transfer of the stock, except as against
C., although the charter of the bank
provided that the stock should be
transferable according to such rules
as might be established by the di-
rectors, and they had established no
such rules.
id.

3. The stock having been attached in
the hands of the bank as the stock of
C., and sold on execution, and trans-
ferred by the bank to the purchaser
on such sale: Held, that the bank was
not liable for the value of the stock
to a party to whom C. had, prior to
the attachment, transferred the cer-
tificate issued to him, the bank not
having been, prior to the attachment,
applied to by such party to transfer
the stock to him, or notified of his
claim.
id.

BILL OF LADING.

See CARRIER, 1, 2.
WAR, 3.

BOND.

See INTERNAL REVENUE, 9, 10.
WRIT OF ERROR, 2, 3.

BOTTOMRY.

See JURISDICTION, 12.

BROKER.

See INTERNAL REVENUE, 6 to 8.

BURDEN OF PROOF.

See INTERNAL REVENUE, 11 to16.

C

CARGO.

See CARRIER, 3, 4.
DAMAGES, 2, 3.
JURISDICTION, 12,

CARRIER.

1. Where a carrier receives fire-clay
retorts cased in straw, and not in a
proper condition to be shipped with
safety for any considerable voyage,
he is bound to stow them with refer-
ence to their condition, if he chooses
to receive them. The David and
Caroline,
266