had caused the security to be appraised, and had decided it to be
ample to cover the debt? Paret v. Ticknor,
21. Same.-Form of judgment.
22. ATTACHMENT.-COMPOSITION PROCEEDINGS.-Where an involuntary
petition in bankruptcy is filed against an alleged bankrupt, and,
prior to an adjudication thereon, composition proceedings are in-
stituted, and a composition had with the creditors of such alleged
bankrupt: Held, that such composition will not dissolve an attach-
ment issued and levied within four months from the date of filing
such petition, as against a creditor who took no part in such com-
position proceedings. Re Shields,
588.
23. COMMISSIONS TO ASSIGNEE ON SALES OF PROPERTY.-Certain real
estate of the bankrupt had been mortgaged by him prior to the
bankruptcy, with a power of sale in the trustee; the district court
ordered that the trustee sell the property, and that the assignee
join in the sale; the property was sold to the mortgagee, and the
amount of the bid was credited on his debt; no money was re-
ceived or paid out by the assignee: Held, under the Revised Stat-
utes, section 5100, that the assignee was not entitled to commis-
sions on the amount for which the property was sold. Re Slevin,
131.
24. JURY TRIAL ON APPEAL.-A creditor, whose claim is rejected by
the bankruptcy court, and who duly takes an appeal to the circuit
court, and there files a declaration to which the assignee has
pleaded, has the right to have the issues of fact thus presented
tried by a jury. (Rev. Stats. secs. 4980, 4984.) Thistle v. Hamilton,
162.
25. WAIVER OF JURY TRIAL.-MODE OF WAIVER.-The right to a jury
trial may be waived in such a case, and such waiver need not nec-
essarily be by written stipulation,
Ib.
26. Same.-Under the circumstances, the right to a jury trial was held
not to have been waived by the creditor, where the appeal was in-
advertently submitted and decided as if the cause had been
brought to the circuit court by a writ of error,
27. CONSPIRACY TO COMMIT CRIMINAL ACTS.-Under the statute (Rev.
Stats. secs. 5440, 5132), other persons than the bankrupt can conspire
with the latter to commit the acts made criminal by the '7th
and 10th sub-divisions of sections 5132 of the Revised Statutes.
United States v. Bayer.
406.
28. Same.-AIDING AND ABETTING.-It seems that under the criminal
section of the bankrupt act (Rev. Stats. sec. 5132), one who pro-
cures and abets the person against whom the proceedings in bank-
ruptcy are pending, to commit the acts therein made criminal, may
be indicted, though not expressly referred to in the statute, Ib.
29. HOMESTEAD.-BANKRUPTCY COURT'S POWER TO ORDER DELIVERY OF
POSSESSION BY the BankrupT.-Where a sale is made, under deed
of trust, of a bankrupt's property on which he resides, and the
proceeds are insufficient to satisfy the debt thereby secured, so that
the right of homestead is cut off, the bankruptcy court has juris-
diction to order the bankrupt to deliver possession of the property
to the purchaser, without driving the latter to a suit in ejectment.
Re Betts,
93.
30. ACCOUNTing for DEFICIT OR LOSSES.-Where a deficit is shown in
the assets of a bankrupt's estate, the bankrupt must account for it
by a satisfactory explanation, or pay the amount of the deficit to
the assignee. In re Peltasohn,
In re Jacobi,
31. RENTS AND Profits, Intervening Sale, and CONFIRMATION OF SALB
OF PROPERTY.-A mortgagee of real estate in Missouri, who be-
comes the purchaser thereof at a sale made by a trustee under a
power of sale in the mortgage, in which sale the assignee in bank-
ruptcy of the mortgagor joined, by an order of the bankruptcy
court, was held, under the circumstances, entitled, as against the
assignee in bankrupucy, to the rents and profits of the estate sold,
for the period intervening between the day of sale and the date of
the confirmation of the sale by the bankruptcy court. Lathrop v.
Nelson,
BANKS. See National Banking Associations.
1. DEPOSITS.-WHEN A TRUST FUND.-Deposits made with bankrupt
bank to meet its checks in clearing-house held not a trust fund,
but only to create the ordinary relation of debtor and creditor.
Phelan v. Iron Mountain Bank,
88.
2. DUTY OF BANK AS COLLECTING AGENT.-A bank which acts as the
collecting agent of another bank must use reasonable dilligence
and care, and if, in consequence of a failure to do so, a loss hap-
pens, it is liable. Trinidad National Bank v. Denver National
Bank,
290.
3. Same.-CASE IN JUDGMENT.-The defendant bank received from the
plaintiff bank a sight draft for collection, drawn by the plaintiff on
a third bank against funds actually to the credit of the drawer;
the defendant received this draft for collection January 10th, and
transmitted it directly to the drawee, its correspondent, on the same
day; it ought to have reached the drawee in two days; the drawee
continued good until January 29th, when it failed; the drawee did
not acknowledge the receipt of the draft, and in fact the draft mis-
carried and never reached the drawee; the defendant made no in-
quiries about it until February 9th; the plaintiff and defendant
both supposed, meanwhile, that it had been paid; the defendant
gave the plaintiff no notice of any kind in respect to the draft un-
til February 11th; the plaintiff sued the defendant for its negli-
gent omission to give it notice: Held, that the defendant was
liable: Held, also, that the usage or custom set up by the defend-
ant, to the effect that it was not required to make inquiries con-
cerning such remittances prior to receipt of the regular monthly
statement of accounts between banks, was not established by the
evidence,
Ib.
4. Same.-DAMAGES.-Under the special facts, the measure of damages
was the amount of the draft,
Ib.
5. LIABILITY OF SURETY OF CASHIER HELD LIMITED TO OFFICIAL TERM.—
Suit upon the official bond of the cashier of a savings bank, incor-
porated under the laws of Missouri. The statute provided that the
officers of the bank should hold their offices for "one year, and
until their successors are elected and qualified;" but the statute
did not require a bond as part of the qualifications of such officers.
A by-law passed by the directors required the cashier to give bond.
Harris was elected cashier by the directors, and on January 16th,
1872, he gave a bond, conditioned for the "faithful discharge of his
duty, in accordance with law, and the charter and by-laws of the
bank." He was re-elected cashier, January 16th, 1873, but gave no
new bond, and was allowed by the directors to continue to act
without doing so: Held, that the sureties were not liable for the
cashier's defaults in February and March, 1873. Harris v. Babbitt,
185.
6. Same. His term of office was annual, and the sureties are not
liable for defaults happening after another election the next year,
and the lapse of sufficient time to qualify by giving a new bond,
Ib.
7. DEPOSITS.-When creating relation of debtor and creditor, and
when a trust fund,
Extradition treaty of May 1, 1874, construed,
BILLS AND NOTES. See Bankrupt Law; Banks.
STATUTORY ILLEGALITY.- Where a statute declares absolutely and
without exception that a contract or bond or note is void, it is void
into whosesover hands it comes. Anthony v. Jasper County, 136.
BONDS. See Banks; Louisville, etc., Canal Company; Municipal Bonds.
1. Bond as an alternative of an injunction in suits against infringers
of patents for inventions,
2. Official bond of cashier and extent of surety's liability,
BRIDGE. See Union Pacific Railroad Company.
BURLINGTON AND MISSOURI RIVER RAILROAD COMPANY IN
NEBRASKA.
1. LIMITS OF LAND Grant.-Conflicting Grants.-Grant Construed.—
There are no lateral limits to the grant of lands made by congress
(13 Stats. at Large, 356, sec. 19) to the defendant company; in this
respect differing from other grants mentioned. United States v.
Burlington and Missouri River Railroad Company,
297.
2. Same. What lands are embraced in the description of the grant as
being "on the line" of the said road defined, and the language held
to mean that the lands shall be taken along a line parallel to the
general direction of the road, on each side of it, and within lines
perpendicular to its terminus at each end,
Ib.
3. Same.-PATENTS.-SETTING ASIDE OF.-By the grant the company
was entitled to patents for the lands earned "on the completion of
any consecutive twenty miles" of its road: Held, that the company
was not bound to apply for, or receive, its patents by sections of
twenty miles as soon as completed, but might await the final com-
pletion of the road, and get all its lands at the same time: Held, also,
patents will not be set aside where they represent only what the
company was entitled to, even if they were issued too soon-the
road being completed, and no injury having resulted to the gov-
ernment,
4. Same.-CONFLICT OF GRANT WITH UNION PACIFIC COMPANY.-Con-
struing the alleged conflicting grants to the defendant company,
and the Union Pacific Railroad Company: Held, that the land
department correctly decided that the title of the Union Pacific
Railroad Company to lands within twenty miles of its road was
paramount to the title of the defendant company,
Ib.
5. Same.-ANNULLING PATENT BY DECREE.-There was no authority in
the grant to issue patents for land on the north side of the defend-
ant's road, in lieu of lands deficient on the south side of its road,
and such patents are void. But, in a bill to have such patents de-
clared null, the lands must be described or identified,
CANAL. See Louisville and Portland Canal Company.
Liability of surety of cashier on his official bond,
CHATTEL MORTGAGE. See Bankrupt Law.
CHEROKEE NEUTRAL LANDS.
Rights of actual settlers under the treaty of July 19, 1866, and amend-
ments,
CIRCUIT COURT. See Abatement; Bankrupt Law; Colorado; Removal
of Causes.
1. JURISDICTION.-AMOUNT.-Assignees in bankruptcy may sue in the
circuit court without reference to the amount in dispute. Payson
v. Coffin,
386.
2. JURISDICTION.-AMOUNT IN Dispute how Determined. To give the
circuit court jurisdiction, the matter in dispute must exceed, ex-
clusive of costs, the sum of $500, and, in actions upon a money de-
mand, the court, in passing on the question of jurisdiction, will look
to the amount stated in the body of the complaint, and will not be
governed alone by the amount in the prayer for judgment. Culver
v. Crawford County,
3. Same. In a suit seeking to recover an amount that is not fixed, and
which amount can be ascertained only by trial, the plaintiff can
obtain a standing in court by laying his damages at the requisite
4. Jurisdiction in Bankruptcy. See Bankrupt Law.
5. Jurisdiction over Military Reservation of Fort Leavenworth. Ex
parte Hebard,
380.
6. Power of a justice of the supreme court to award injunction in a
circuit to which he is not assigned. United States v. Louisville, etc.
Canal Company.
CITY. See Municipal Bonds; Municipal Corporations; Wharfage Tax.
CITIZENSHIP. See Constitutional Law; Naturalization.
Commissions to clerks for receiving and paying out money. Revised
Statutes, section 828, construed. In re Goodrich,
1. CASES REPORTED from district of Colorado,
2. EFFECT OF ADMISSION AS A STATE ON PENDING SUITS.-The effect
the admission of the territory of Colorado as a state, and the erect-
ion of federal courts therein (Act of June 26, 1876), and the exten-
sion of the laws of the United States over the same, was, ipso facto,
to extinguish the territorial government, and the territorial courts
as courts of the general government. Ames v. Railroad Company,
251.
3. Same. By special provisions in the enabling act and the constitu-
tion of the state, the territorial courts, on the admission of the state,
became the provisional and temporary courts of the state.
4. Same. The above mentioned act of June 26, 1876, makes provision
for the disposition of all cases pending in the territorial courts at
the time of the admission of Colorado into the Union; cases of
federal character are transferred to the proper federal court; other
cases to the state courts.
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