Garnishee. Habeas Corpus. Indictment. Indorser and indorsee.

GARNISHEE.

Garnishment is generally regulated by statute, which must be com-
plied with. Wilkinson v. Yale.

HABEAS CORPUS.

A writ of habeas corpus may issue to relieve an officer of the Federal
government who has been imprisoned for the performance of his
duty. Ex parte Robinson, 355.

Where concurrent jurisdiction may be exercised by the federal and
State authorities, the court which first takes jurisdiction, can be
interfered with by no other court, State or Federal. Ib.

It is a subversion of the judicial power to take a case from a court
having jurisdiction, before its final decision is given. Ib.

It may be considered an open question, whether one decision on a
habeas corpus is final.

It should be so considered when all the evidence was heard. Ib.

INDICTMENT.

The act of 20th August 1852, which prohibits the shipment of gun-
powder on steamboats, punish the same by fine or imprisonment,
unless such articles be marked. United States v. Chenoweth, 139.
An individual who has not put up the articles, is not liable for ship-
ping the same. Ib.

Where an indictment contains several counts, one of which is good,
judgment will not be arrested although the other three are bad.
U. States v. Potter, 186.

It is not charging an offense in the alternative, where the language
describes the same offense. lb.

Where the law declares an act and fixes a penalty, an indictment will
lie. United States v. Bougher, 277.

He may also be prosecuted by an action of debt. Ib.

INDORSER AND INDORSEE.

A note with a blank indorsement authorizes the holder to receive the
amount, as the prima facie owner, and to sue the indorser by filling
up the indorsement. Harrison v. Larned, 496.

When the action is brought against the indorser by the indorsee, the
action is maintainable in this court, though the assignment was
made by a citizen of Michigan to a citizen of New York. Ib.
Clemson, a citizen of Ohio, drew a bill on Suydam & Co., of New
York, for their accommodation, and after indorsing it forwarded it
to them. Davis Brooks & Co. v. Wm. Clemson, 622.

They accepted the bill and negotiated it with the plaintiffs, citizens
of New York, for a consideration usurious by the law of New
York. Ib.

Indorser and indorsee. Injunction. Insurance. Judiciary. Indictment.

INDORSER AND INDORSEE.- Continued.

An action being brought against the drawer, the usury was pleaded
under the laws of New York, which, for usury, avoids the contract.
Held, that the law of New York governed the contract, and that
the assignment to the plaintiffs, being usurious, avoided the con-
tract. lb.

INJUNCTION.

When an injunction has been applied for to stay proceedings at law,
notice by the plaintiff at law, is necessary, that he will insist on
trial at law. Baptist Missionary v. Turner, 43.

An illegal tax may be injoined by the Circuit Court of the United
States. Woolsey v. Dodge, Treasurer, 142.

INSURANCE.

Where an agent of an insurance company makes the survey and rep-
resentation of the property to be insured, being as well acquainted
with the situation of the property as the assured, a misrepresen-
tation does not avoid the policy. Roth v. City Insurance Co., 324.
When the above is made by the assured, if inaccurate the policy is
void.

Like all other contracts the contract of insurance must be made
in good faith.

Where the form of the assurance requires it, if there be an agent of the
company in the district, that application should be made to him.
If the assured make out the representation, any omission, material
to the risk, will be fatal to the policy. Ib.

JUDGMENT.

A judgment is void where defendant has had no notice. Farmers'
Loan Co. v. McKinney, 9.

IMPRISONMENT FOR DEBT.

In Michigan, imprisonment for debt is abolished, except for fraud.
Maerster v. Spalding, 24.

INDICTMENT.

An indictment charged defendant with being employed in "removing
from the lands of the United States, at a certain place, to wit, one
hundred thousand shingles, and twenty cords of shingle laths.' Held
that the description was insufficient. U. States v. Schular, 201.
"Lands of the United States" is too vague, as describing where the of-
fense was committed. Ib.

On an indictment for cutting timber, U. States must prove a cutting on
the lands specified. U. States v. Duston, 46.

Proof of cutting oak not sufficient to support indictment for cutting
pine. Ib.

The caption or title to an indictment may be amended after verdict.
U. States v. Thompson, 56.

Indictment.

INDICTMENT-Continued.

Where a statute creates an offense, it is sufficient to describe it in the
words of the statute. The word unlawful not necessary. Ib.
In an indictment against a postmaster for abstracting a letter from
the mail, containing money, it is necessary to examine postmasters
on the route, and of the office to which the letter was directed. U.
States v. Whitaker, 342.

In an indictment for embezzlement under the post office law, it is suf-
ficiently certain to charge, that defendant was a person employed
in one of the departments in the post office establishment. United
States v. Patterson, 466.

When the embezzlement charged is a letter containing a bank note, it
is not necessary to describe the note. Ib.

In larceny, cuch description is necessary. Ib.

The verdict being general, if one count is good, judgment will not be
arrested.

Ib.

To sustain an indictment under the 16th section of the sub-treasury
law, the proof must be clear as to the violation of some specific pro-
vision of the act. U. States v. Forsythe, 584.

Offences of the same class may be included in the same indictment.
U. States v. O' Callahan, 596.

Offenses of different classes can not be joined. Ib.

Offenses of the same class, under a statute and at common law, may
be united in the same indictment. But a late act of Congress re-
quires offenses which may be joined, to be included in the same in-
dictment.

Ib.

Offenses by substantially the same act, it would seem, ought not to be
punished as acts committed at different times, and under circum-
stances wholly disconnected. Ib.

A count in an indictment, which alledged that the defendant did se-
crete and embezzle a certain letter, is not defective. U. States v.
Sander, 598.

Where a statute makes one or more distinct acts connected with the
same transaction indictable, they may be charged as one act. Ib.
Where a letter is delivered to an authorized agent, the letter can not
be charged as having been embezzled. Whether the alleged
agency existed or not, the jury will determine from the evidence.
Ib.

Objection to an indictment-

1. That the grand jury were illegally selected.

2. That during the whole time in which the grand jury were delib-
erating, one of the jurors was absent. U. States v. Joseph S. Wilson,
664. Objection overruled.

Jurisdiction. Jury. Limitation, Statute of.

JURISDICTION.

Where a defendant had no notice, a judgment against him is void.
Farmers' Loan Co. v. McKinney, 9.

This court will take jurisdiction on a creditor's bill.

Yale et al., 16.

Wilkinson v.

And this proceeding may be had when the judgment was rendered and
execution issued in a State court. Ib.

Where a mortgage was executed in Massachusetts, to recover the pay-
ment of promissory notes, the payer being a citizen of Massachu-
setts, and who assigned them to the plaintiff-on a suit brought in
Illinois. Held there was no jurisdiction. Phaxter v. Hatch, 68.
If jurisdiction be once acquired, it is not defeated by any change in
the citizenship of the parties. Ib.

The courts of the Union have jurisdiction at common law, to sustain
an action at common law for damage done by, or obstruction in, a
navigable water. Jolly et al. v. Terre Haute Bridge, 237.
Where concurrent jurisdiction is exercised by the Federal and State
Courts, the court which first takes jurisdiction can not be interfered
with by the other. Robinson, ex parte, 355.

The powers of the two courts are as distinct as the courts of distinct
governments. Ib.

Where a portion of the stockholders are citizens of other states, they
may seek relief in the Circuit Court against an illegal taxation of
their property by a State, although there be no allegation in the bill
that the tax is in violation of the constitution or laws of the State.
Paine et al. v. Wright et al., 385.

And in such case, the corporation doing its business in the state, in
order to obtain relief, may be made defendants. Ib.

The Circuit Court will give relief under the laws of the State, the same
as the State Court. Ib.

Though there may be a remedy at law on bonds given, yet that does
not take away the jurisdiction in Admiralty. Dike v. Propeller St.
Joseph, 573.

Motion to dismiss this libel for want of jurisdiction, on the ground
that the statute of the State did not create a lien, but provides a
remedy. Samuel Wick v. The Schooner Samuel Strong, 587.

JURY.

The jury are to weigh the evidence in every case, and where there is
a conflict in a criminal case, which creates reasonable doubt, they
will acquit the accused. U. States v. Haulke, 349.

These doubts should not arise from our sympathies or hopes, but from
a deliberate consideration of the evidence.

LIMITATION, STATUTE OF.

Ib.

There are two modes by which an action may be revived after the
statute has barred it. Hampshall v. Goodman et al., 159.

Limitation, Statute of. Lunatic. Military Reserves.

LIMITATION, STATUTE OF-Continued.

1. A clear and an unconditional acknowledgment of the debt, from
which the law implies a promise to pay.

2. If the acknowledgment be conditional, the liability attaches under
the conditions. Ib.

But if the acknowledgment be connected with any condition which
shows there was no intention to pay the debt, it does not take the
case out of the statute. Ib.

The action must be on the new promise; the indebtment is considered
a sufficient consideration to support the promise. Ib.

The 8th section of the Revised Statute of the 3d March, 1845, of Illi-
nois, requires three things to protect the possession: 1. The party
must have entered upon the land in good faith, under color of title.
2. He must have been in possession for seven years before suit was
brought. 3. He must have paid all taxes during that period. Rus-
sel v. Barney, 577.

Under the 9th section, two things only are required: 1. Color of title
made in good faith. 2. He must have paid taxes for seven years on
the land. lb.

The tenant can not claim in part under such section. Ib.

LUNATIC.

An individual is liable to punishment when he can discriminate right
from wrong. U. States v. Shultz, 121.

And this can be best ascertained, not by any theory as to the mind,
but by the acts of the party. Ib.

The concealment of the offense, endeavors to elude the officers of jus-
tice by an escape, a judicious use of the money stolen, all show a
knowledge of the wrong. And this is the point to be ascertained
when insanity is pleaded.

MILITARY RESERVES.

lb.

A military reserve may be abandoned by the government, when it be-
comes useless for public purposes; and by giving notice through the
Secretary of the Interior, it may be considered as a part of the pub-
lic lands, from which it was temporarily reserved. United States v.
Railroad Bridge, 517.

Such lands having been surveyed and offered at public auction, may
be opened for entry as other lands. Ib.

The reserve on Rock Island, though surveyed, never having been of-
fered for sale at public auction, does not come technically within
the act of 1852, authorizing Railroad Companies to locate their roads
through the lands of the United States. Ib.

The act of 1819 only authorizes the rule of reservations which then
existed. lb.