1. CASES REPORTED from the district of Iowa,
2. TAXATION of the Missouri river bridge of the Union Pacific Rail-
road Company by state authority,
4. REMOVAL OF CAUSES.-TRIAL TERM.-Iowa statute in respect to time
for the trial of actions as affecting the time when a petition for the
removal of causes to the federal court must be filed under the act of
March 3, 1875,
559, 563, 566.
5. MECHANIC'S LIEN on railways; relative rights and priorities of
mechanics and mortgagees under the legislation of Iowa, 570.
6. RIGHT of railways to occupy streets under the legislation of Iowa.
Barney v. Keokuk,
593.
7. DOWER in Iowa as affected by the adultery of the wife,
Of offences in same indictment. Revised Statutes, section 1024, con-
strued. Ex parte Peters,
Power of supreme court justice to grant injunction out of his circuit,
and in cases not arising therein. United States v. Louisville, etc.,
Canal Company,
JUDGMENT. See Mortgage; State Courts.
1. Judgment LIEN.-EQUITABLE MORTGAGEE.-Respective rights of the
equitable mortgagee and the judgment creditor. First National
Bank v. Caldwell,
316, note.
2. ARREST OF, in criminal cases. Revised Statutes, section 1025, con-
strued,
1.
3. JUDGMENT OF STATE COURT.-The judgment of the state court will
be considered by the federal courts sitting within the territorial
limits of the state in which the same is rendered, as a domestic
judgment. Owens v. Gotzian,
436.
4. VALIDITY.-Mode of Service.-CollateraL ATTACK.-The service
of summons by a party to the action is an irregularity that is cured
by entry of judgment, and will not avail when the judgment is at-
tacked in a collateral proceeding.
Ib.
5. Cumulative JUDGMENTS in criminal cases. Peters, Ex parte, 169.
6. Judgment in criminal prosecution as a bar to civil suit for penalties
for same offence. United States v. McKee,
JUDGMENT LIEN. See Judgment.
JURISDICTION. See Bankrupt Law; Circuit Court; Guardian's Sales;
4. Jurisdiction over military reservation of Ft. Leavenworth,
5. Jurisdiction over Indians,
6. "Cherokee Neutral Lands"-rights of actual settlers,
KANSAS PACIFIC RAILWAY COMPANY.
1. CHARTER OF UNION PACIFIC RAILROAD COMPANY-FIVE PER CENT OF
NET INCOME.-Under the act of congress of July 1, 1862 (12 Stats. at
Large, 489), construing the charter of the Union Pacific Railroad
Company and of the other companies therein named, the United
States may recover of the companies receiving its bonds, until such
bonds and interest are paid, five per cent of the net income earned
after the completion of the roads. United States v. Kansas Pacific
Railway Company,
367.
2. Same.-LIABILITY.-FORM OF ACTION.-Such recovery may be had in
an action at law.
Dedication of streets in, and the uses to which they may be put.
KIDNAPPING. See Habeas Corpus.
LACLEDE COUNTY (Missouri).
Bonds to aid Laclede, etc., Railroad Company, held valid,
LAND GRANT. See Burlington and Missouri River Railroad Company;
Public Lands; Union Pacific Railroad Company.
1. Land grant to the Burlington and Missouri Railroad Company, and
to the Union Pacific Company, construed; conflict; limits and ex-
tent of grant; annulling patent by judicial decree. United States
v. Burlington and Missouri Railroad Company,
2. Union Pacific Railroad Company; construction of its land grant
and that of the Sioux City branch. Sioux City Railroad v. Union
Pacific Railroad,
1. COVENANT TO RENEW LEASE.-RENTAL TO BE FIXED BY THIRD PER-
SONS.-A lease of certain real property in St. Louis was made for
ten years, with a covenant by the lessor for periodical renewals,
extending through terms aggregating a period of five hundred
LANDLORD AND TENANT-Continued.
years; the amount of rental at the end of each ten years was to be
ascertained by assessors to be appointed by the parties: the lessor
fraudulently sought to evade the provisions of the lease in respect
te renewals; the lessee, on the faith of the covenant for renewal,
had expended in buildings, on the demised premises, $113,000; the
lessor sued the lessee at law for use and occupation, whereupon the
lessee filed this bill in equity, to stay the action at law until the
lessor appointed an assessor, as required by the lease: Held, that
a general demurrer to the bill should be disallowed; and the lessee
being willing to comply with the lease as to renewal, the court
entered an order staying the proceedings at law until the lessor
should appoint an impartial assessor to make the valuation, reserv-
ing the right to discharge or modify the order as justice might re-
quire. Tscheider v. Biddle,
55.
2. SPECIFIC EXECUTION of covenant to renew, where rental is to be
fixed by third persons,
Levy bonds and special assessments to pay same,
LIEN. See Execution; Judgment; Mechanic's Lien; Mortgage.
1. EQUITABLE LIEN.-ELEMENTS.-Setting APART FUND.-If a debtor,
by a concluded agreement with a creditor, sets apart a specific
amount of a specific fund in the hands, or to come into the hands,
of another, from a designated source, and directs such person to
pay it to the creditor, which he assents to do, this is a specific ap-
propriation, binding upon the parties, and upon all persons with
notice, who subsequently claim an interest in the fund under the
debtor. Ketchum v. Pacific Railroad,
2. Same.-PLEDGE OF EARNINGS.-This principle, applied to a pledge
of earnings by the defendant company, to the county of St. Louis,
to indemnify it against the issue of its bonds, for the company's
benefit, and enforced against mortgagees and purchasers with no-
tice.
LIFE INSURANCE. See Insurance.
LIMITATIONS (STATUTES OF).
1. GUARDIAN'S SALES.-Special statute of limitations of Nebraska, in
respect of guardian's sales, construed and applied. Miller v. Sulli-
340.
2. BANKRUPT ACT.-Six months limitation in bankrupt act, as to acts
of bankruptcy, construed,
3. Same. Two years limitation clause in Bankrupt Act, construed,
LOGS. See Damages; Public Lands; Replevin.
LOUISVILLE AND PORTLAND CANAL COMPANY.
1. LEGISLATIVE HISTORY.-The legislative history of the Louisville and
Portland Canal Company, when first incorporated by Kentucky, in
1825, down to the present, and its relation to the government of
the United States, given by Mr. Justice MILLER, who holds that the
corporation is still in existence, and has the right to use and con-
trol the canal and its revenues, so far as may be necessary for the
purposes contemplated by the act of the legislature of Kentucky,
and the joint resolution of the two houses of congress of May 24,
1860. United States v. Louisville and Portland Canal Co. 601.
2. RIGHTS OF THE UNITED STATES, OF BONDHOLDERS, AND THE PUBLIC.—
The United States is the only stockholder in the company, and its
directors are naked trustees without an interest; and, under the
state and federal legislation concerning the canal and the bonds
issued to raise money to enlarge and improve it, secured by a mort-
gage of the revenues and tolls of the canal company, there are
three parties interested in the trust and the manner in which its
duties shall be discharged by the company: 1st, the bondholders
of the company; 2d, the government of the United States, sole
stockholder, and which has expended $1,000,000 upon the canal;
and, 3d, the general public. The appropriation act of congress of
June 10, 1872, in relation to the canal, construed so as not to impair
the rights of the bondholders, and the opinion expressed that con-
gress could not abolish or so limit the tolls as injuriously to affect
them, "for the plain reason that it would be a legislative attempt'
to destroy vested rights, and a taking of private property for pub-
lic use without due compensation."
Ib.
3. INJUNCTION.-Under the circumstances of the case, the president
and directors of the canal company were enjoined, at the suit of
the United States, from interfering with its engineer, officers, and
contractors in the prosecution of the work of repairing and im-
proving the canal.
MANDAMUS. See Arkansas; County Warrants.
1. AMENDMENT OF WRIT.-Amendments in form and substance may
be allowed in mandamus proceedings, in any stage thereof where
justice will be thereby promoted; in this case the alternative writ
was amended, by leave of court, by striking out part of its man-
date, and the peremptory writ, instead of being denied, because
the alternative writ was too broad, was ordered to be issued in
conformity to the alternative writ as amended. United States v.
Union Pacific Railroad Company,
2. STATE COURTS CANNOT INTERFERE WITH THE PROCESS OF THE FEDERAL
COURTS.-The execution of writs of mandamus issued by the circuit
court of the United States cannot be interfered with by the process
or judgments of the courts of the state, and such interference is
illegal and void. United States v. Silverman,
3. Same.-CONTEMPT.-The relators obtained in this court a judgment
against a county, and a peremptory writ of mandamus issued com-
manding the respondent, as county judge, to levy a tax to pay such
judgment. He obeyed. Subsequently the state court, in a pro-
ceeding to which the relators were not parties, set aside the order
for the tax levied by the respondent in obedience to the manda-
mus, and directed the respondent to enter an order on his records
annulling the levy of the tax. The respondent obeyed. At the
relator's instance a rule issued against the respondent to show
cause why he should not be attached for contempt: Held, that he
was in contempt, and liable to be punished therefor,
Ib.
4. THE ORDER made in the case is given at the end of the opinion,
Ib.
5. To compel the Union Pacific Railroad Company to operate its road
as required by law. United States v. Union Pacific Railroad, 479.
MARITIME LIENS. See Admiralty.
MATERIAL-MEN. See Admiralty.
1. Iowa STATUTE.-Under the legislation of Iowa, mechanics and
material-men are entitled to a lien on railways for their work and
labor. French v. Burlington, etc., Railway Company,
570, 579, 580.
2. DATE OF LIEN.-Such lien dates from the commencement of the
building of the railway, and is prior to a mortgage executed pend-
ing the building of the railway, and before the particular work was
done or materials furnished for which the lien is claimed, Ib.
3. FILING. Within what time mechanics' liens must be filed and en-
MESSAGE. See Telegraph Company.
MILITARY RESERVATION (FORT LEAVENWORTH).
JURISDICTION OVER FORT LEAVENWORTH RESERVATION.-The title to the
land constituting the military reservation of Fort Leavenworth, in
Kansas, has always been in the United States; in 1875, at the in-
stance of the secretary of war, the legislature of the state passed
an act ceding exclusive jurisdiction to the United States over all
territory included within the reservation; congress never ex-
pressly assumed this jurisdiction; subsequently a larceny was com-
mitted on the reservation: Held, that the jurisdiction over the
offence was in the courts of the general government, and not in
those of the state of Kansas. Ex parte Hebard,
Bonds to aid. See Municipal Bonds.
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