OF ALL CASES DISPOSED OF AT OCTOBER TERM, 1891, WITHOUT OPINIONS, AND NOT ELSEWHERE OR OTHERWISE REPORTED IN THIS EDITION. } JOHN W. BRUCE et al., Appts., v. MERRICK | son and Mr. H. B. Fouke for the defendant in Appeal from the Circuit Court of the United States for the District of Indiana. Mr. Ferdinand Winter and Mr. W. H. H. Miller for the appellents. Mr. Solomon Claypool for the appellee. July 3, 1891. Dismissed pursuant to the 28th Rule. EDWARD M. JOHNSTON et al., Administrators, etc., Appts., v. GEORGE H. SHIELDS. [No. 1079.] Appeal from the Circuit Court of the United States for the Eastern District of Missouri. Mr. David P. Dyer for the appellants. Mr. Given Campbell for the appellee. July 18, 1891. Dismissed pursuant to the 28th Rule. J. W. ADAMS et al., Appts., v. The FREED- JEREMIAH BRUMBACK et al., Appts., v. JOHN Mr. S. S. Burdett for the appellants. Mr. George Ainslie for the appellee. July 28, 1891. Dismissed pursuant to the 28th Rule. SMITH & LALLIER, Plffs. in Err., o. THE NAVE- Mr. John B. Rector for the plaintiffs in error. Mr. S R. Fisher for the defendant in error. August 19, 1891. Dismissed pursuant to the 28th Rule. THE TRAVELERS INSURANCE COMPANY, Piff. in Err., v. SADIE P. MCCONKEY. [No. 788.] In error to the Circuit Court of the United States for the Northern District of Iowa. error. September 1, 1891. Dismissed pursuant to the 28th Rule. JULIUS E. PITRAT et al., Appts., v. ROBERT E. HULL. [No. 1066.] Appeal from the Circuit Court of the United States for the Southern District of Ohio. Mr. O. M. Gottschall for the appellants. Mr. Alfred Russell for the appellee. September 8, 1891. Dismissed pursuant to the 28th Rule. ENOS N. TAFT, Successor, etc., Plff. in Err., v. FERDINAND A. MARSILY, impleaded, etc., et al. [No. 1336.] In error to the Supreme Court of the State of New York. Mr. Henry D. Hotchkiss for the plaintiff in Mr. D. M. Porter for the defendants error. in error. October 3, 1891. Dismissed pursuant to the 28th Rule. JESSE SPALDING, collector, etc., Piff. in Err., The Attorney General for the plaintiff in Tremain for the defendants in error. error. Mr. Percy L. Shuman and Mr. H. E. October 13, 1891. costs and interest, on motion of Mr. Solicitor Judgment affirmed with General Taft, for plaintiff in error. JOSEPH NETHERCLIFT et al. Plffs. in Err., v. WM. H. ROBERTSON, collector, etc. [No. 8.] In error to the Circuit Court of the United States for the Southern District of New York. Mr. Henry E. Tremain and Mr. A. J. Willard for the plaintiffs in error. The Attorney General for the defendant in error. October 13. 1891. Dismissed, with costs, on authority of counsel for plaintiffs in error, on motion of Mr. Solicitor General Taft, for the defendant in error. ANNE WILLIAMS, widow, etc., et al., Appts., v. CATHERINE WILLIAMS. (No. 1422.] Appeal from the Circuit Court of the United States for the District of Kansas. October 13, 1891. Docketed and dismissed with costs on motion of Mr. W. T. 8. Curtis Mr. Bradley D. Lee and Mr. John P. Ellis for the plaintiffs in error. Mr. Wm. G. Thomp-for the appellee. ANN April 4, 1892. Dismissed with costs on mo- | Mr. W. H. H. Read and Mr. Clarence Brown tion of counsel for the appellant. for the defendant in error. ELIZABETH T. BELT, executrix, etc.. Appt., v. JOSEPH B. CUMMING, et al., executors, etc. [No. 293.] Appeal from the Circuit Court of the United States for the Southern District of Georgia. Mr. Henry Wise Garnett for the appellant. No appearance for the appellees. April 7, 1892. Dismissed with costs pursuant to the 10th Rule. THEODORE J. LYNDE et al., Appts., v. LEWIS SPERLING. Appeal from the Supreme Court of the Territory of Montana. Mr. J. H. McGowan and Mr. C. W. Halcomb for the appellants. No appearance for the appellee. April 8, 1892. Dismissed with costs, pursuant to the 10th Rule, and cause remanded to the Supreme Court of the State of Montana. MARION FLAHERTY, Appt., v. THE UNITED STATES. [No. 298.] Appeal from the Supreme Court of the Territory of Montana. Mr. C. W. Holcomb and Mr. J. H. McGowan for the appellant. The Attorney General for the appellee. April 11, 1892. Dismissed with costs, pursuant to the 10th Rule, and cause remanded to the Supreme Court of the State of Montana. EUGENE LOGAN et al., Appts., v. GEORGE A. KNIGHT, U. S. Marshal. [No. 1315.] Appeal from the Circuit Court of the United States for the Northern District of Texas. Mr. A. H. Garland and H. J. May for the appellants. No appearance for the appellee. April 11, 1892. Dismissed with costs on motion of Mr. H. J. May for the appellants. DANIEL MAGONE, collector, etc., Plff. in Err., v. JESSE S. BLYDENBURGH. [No. 816.] In error to the Circuit Court of the United States for the Southern District of New York. The Attorney General for the plaintiff in error. No appearance for the defendant in error. April 11, 1892. Dismissed on motion of Mr. Solicitor General Aldrich for the plaintiff in error. THE UNITED STATES, Piff. in Err., o. THE BOSTON & ALBANY RAILROAD COMPANY. [No. 19.] In error to the Circuit Court of the United States for the District of Massachusetts. The Attorney General for the plaintiff in error. Mr. E. R. Hoar and Mr. Samuel Hoar for the defendant in error. April 11, 1892. Dismissed, with costs in this court to be paid by the defendant in error, on motion of Mr. Solicitor General Aldrich for the plaintiff in error. DANIEL B. ST. JOHN, Plff. in Err., v. CITY OF TOLEDO, Ohio. [No. 321.] In error to the Circuit Court of the United States for the Northern District of Ohio. Mr. R. P. Ranney for the plaintiff in error. April 14, 1892. Dismissed with costs pursuant to the 10th Rule. THE UNITED STATES, Appt., v. CHARLES L. FITCH. [No. 1297.] Appeal from the Circuit Court of the United States for the Western District of Michigan. The Attorney General for the appellant. No appearance for the appellee. April 18, 1892. Dismissed on motion of Mr. Solicitor General Aldrich for the appellant. THE UNITED STATES, Appt., v. THOMAS B. BASHAW. [No. 1383.] Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The Attorney General for the appellant. Mr. Thomas C. Fletcher for the appellee. April 18, 1892. Dismissed on motion of Mr. Solicitor General Aldrich for the appellant. THE UNITED STATES, Appt., v. RALPH L. GOODRICH. [No. 1431.] Appeal from the Circuit Court of the United Stated for the Eastern District of Arkansas. The Attorney General for the appellant.. Mr. U. M. Rose and Mr. G. B. Rose for the appellee. April 18, 1892. Dismissed on motion of Mr. Solicitor General Aldrich for the appellant. THE UNITED STATES, Appt., v. WILLIAM C. PERRY. [No. 1474.] Appeal from the Circuit Court of the United States for the District of Kansas. The Attorney General for the appellant. No appearance for the appellee. April 18, 1892. Dismissed on motion of Mr. Solicitor-General Aldrich for the appellant. THE UNITED STATES, Appt., . JOHN B. CLOUGH. [No. 1502.] Appeal from the Circuit Court of the United States for the Western District of Tennessee. The Attorney General, for the appellant. No appearance for the appellee. April 18, 1892. Dismissed on motion of Mr. Solicitor General Aldrich, for the appellant. THE WEDGE BLOCK PAVEMENT COMPANY, | THE COUNTY OF BAY, Plff. in Err., v. JANE A. Appeal from the Circuit Court of the United States for the Northern District of Ohio. Mr. J. E. Ingersoll for the appellant. appearance of the appellees. No October 26, 1891. Dismissed with costs, on the authority of counsel for the appellant. JOEL P. TOмs, Appt., v. JULIA FRANCIS OWEN. [No. 1304.] Appeal from the Circuit Court of the United States for the Eastern District of Michigan. Mr. C. 1. Walker for the appellant. No appearance for the appellee. October 26, 1891. Dismissed with costs on motion of Mr. C. 1. Walker, for the appellant. THE UNION PACIFIC RAILWAY COMPANY, Appt., v. WILLIAM F. THOMPSON et al. [No. 74.] Appeal from the Circuit Court of the United States for the District of Colorado. Mr. John F. Dillon for the appellant. A. C. Thompson for the appellees. Mr. October 30, 1891. Dismissed with costs on motion of Mr. John F. Dillon, for appellant. FRANK MURRAY et al., Plffs. in Err., o. THE FIRST NATIONAL BANK OF MONTAGUE, Texas. [No. 1444.] In error to the United States court for Indian Territory. October 30, 1891. Docketed and dismissed with costs on motion of Mr. Halbert E. Paine, for the defendant in error. ROBERT D. HUNTER et al., Plffs. in Err., v. JOHN L. COYLE. [No. 1114.] In error to the Circuit Court of the United States for the Western District of Missouri. Mr. H. M. Pollard for the plaintiffs in error. No appearance for the defendant in error. October 30, 1891. Dismissed with costs on authority of counsel for the plaintiffs in error. MARIAN W. MCINTYRE et al., Appts., v. HENRY F. ROESCHLAUB. [No. 396.] Appeal from the Circuit Court of the United States for the District of Colorado. Mr. E. T. Wells for the appellants. No appearance for the appellee. November 2, 1891. Dismissed with costs, and mandate granted on motion of Mr. W. Hallett Phillips, in behalf of counsel for the appellants. FLORENCE W. WAUTON, Appt., v. FRANK E. DEWOLF et al. [No. 1450.] Appeal from the Circuit Court of the United States for the Northern District of California. November 3, 1891. Docketed and dismissed with costs, on motion of Mr. A. B. Browne for appellees. ANDREW OLESON, Plff. in Err., v. H. W. Cox. [No. 79.] In error to the Supreme Court of the State of Kansas. Mr. Oscar Foust for the plaintiff in error. No appearance for the defendant in error. November 8, 1891. Dismissed with costs pursuant to the 10th Rule. DOUGLASS. [No. 80.] In error to the Circuit Court of the United States for the Eastern District of Michigan. Mr. Ashley Pond, for the plaintiff in error. No appearance for the defendant in error. November 4, 1891. Dismissed with costs, pursuant to the 10th Rule. JAMES B. INNIS, Appt., v. HENRY BOLTEN et al. [No. 81.] Appeal from the Supreme Court of the Territory of Idaho. Mr. F. S. Richards for the appellant. No appearance for the appellees. November 5, 1891. Dismissed with costs on the authority of counsel for the appellant, and cause remanded to the Supreme Court of the State of Idaho. WILLIAM HAYWARD, Appt., v. HENRY BOLTON et al. [No. 82.] Appeal from the Supreme Court of the Ter ritory of Idaho. Mr. F. S. Richards for the appellant. No appearance for the appellees. November 5, 1891. Dismissed with costs on the authority of counsel for the appellant, and cause remanded to the Supreme Court of the State of Idaho. GUS LARSON, Plff. in Err., v. CHARLES S. COX. [No. 83.] In error to the Supreme Court of the State of Kansas. Mr. Oscar Foust, for the plaintiff in error. No appearance for the defendant in error. November 5, 1891. Dismissed with costs, pursuant to the 10th Rule. HENRY S. WOODRUFF, Appt., v. LAWRENCE CARR. [No. 85.] Appeal from the Circuit Court of the United States for the District of Minnesota. Mr. C. K. Offield for the appellant. No appearance for the appellee. November 5, 1891. Dismissed with costs, pursuant to the 10th Rule. THE EUREKA SPINDLE COMPANY, Appt., v. THE SAWYER SPINDLE COMPANY. [No. 588.] Appeal from the Circuit Court of the United States for the District of Massachusetts. Mr. John Lowell, Jr., for the appellant. Mr. T. L. Livermore, and Mr. F. P. Fish, for the appellee. November 5, 1891. Dismissed per stipula tion. SCHUYLER'S STEAM TOW BOAT LINE, Plff. in Mr. W. Frothingham, for the plaintiff in error. Mr. J. Rider Cady for the defendant in error. November 6, 1891. Dismissed with costs, for failure to comply with the order of this court of October 19th last, requiring new writ of error bond. ANN THE KANSAS CITY, ST. JOSEPH & COUNCIL BLUFFS R. Co., Appt., v. THE CHICAGO, ST. PAUL & KANSAS CITY R. Co. [No. 807.] Appeal from the Circuit Court of the United States for the Western District of Missouri. Mr. J. M. Woolworth and Mr. C. A. Mosman for the appellant. Mr. D. D. Burnes, Mr. Frank Hagerman and Mr. O. W. Bunn for the appellee. November 9, 1891. Decree reversed, each party to pay one half the costs in this court, per stipulation, and cause remanded to be proceeded in according to law and justice. THE PACIFIC EXPRESS Co., Plff. in Err., v. THE TAXING DISTRICT OF SHELBY COUNTY, Tennessee. [No. 95.] In error to the Supreme Court of the State of Tennessee. Mr. R. J. Morgan for the plaintiff in error. Mr. S. P. Walker for the defendant in error. November 9, 1891. Judgment reversed with costs, per stipulation, and cause remanded to be proceeded with according to law and justice. THE MUTUAL RESERVE FUND LIFE Asso., Piff. in Err., v. WILLIAM P. WOODSON et al. [No. 1000.] In error to the Circuit Court of the United States for the Eastern District of Virginia. Mr. Wm. L. Royall for the plaintiff in error. Mr. Legh R. Page for the defendants in error. November 9, 1891. Judgment reversed, costs to be paid by the plaintiff in error, except docket fee, per stipulation, and cause remanded to said circuit court with directions to remand to the state court. Ordered that mandate issue at once. UNITED STATES, Appt., v. ABNER HAZELTINE. [No. 1348.] Appeal from the Court of Claims. The Attorney General for the appellant. Mr. C. C. Lancaster for the appellee. November 9, 1891. Dismissed, per stipulation, on motion of Mr. Solicitor General Taft for the appellant. THE NEW ORLEANS WATER WORKS Co., Appt., v. THE SOUTHERN BREWING CO. [No. 66.] Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. Mr. J. R. Beckwith for the appellant. Mr. Alfred Goldthwaite for the appellee. November 16, 1891. Decree affirmed with costs by a divided court. THE NEW ORLEANS WATER WORKS Co., Appt., . THE PEOPLE'S ICE MANUFACTURING CO. [No. 67]. Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. Mr. J. R. Beckwith for the appellant. Mr. Alfred Goldthwaite for the appellee. November 16, 1891. Decree affirmed with costs by a divided court. THE NEW ORLEANS WATER WORKS Co., Appt., . THE MAGINNIS OIL & SOAP WORKS. [No. 68.] Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. Mr. J. R. Beckwith for the appellant. Mr. T. L. Bayne, Mr. George Denegre, Mr. C. W. Hornor, Mr. W. S. Benedict and Mr. George A. King for the appellee. November 16, 1891. Decree affirmed with costs by a divided court. J. J. LANG et al., Plffs. in Err., o. W. S. WOODS. [No. 73.] In error to the Circuit Court of the United States for the Northern District of Texas. Mr. M. L. Crawford and Mr. John Johns for the plaintiffs in error. No appearance for the defendant in error. November 16, 1891. Judgment affirmed with costs and interest by a divided court. EDWARD BARR COMPANY (limited) et al., Appts., v. THE NEW YORK & NEW HAVEN AUTOMATIC SPRINKLER Co. [No. 100.] Appeal from the Circuit Court of the United States for the Southern District of New York. Mr. Randall Hagner and Mr. P R. Voorhees for the appellants. No appearance for the appellee. November 16, 1891. Dismissed, with costs, pursuant to the 10th Rule. THE BRADFORD GAS LIGHT & HEATING CO., Appt., v. THE CITIZENS LIGHT & HEAT CO. [No. 101.] Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. Mr. R. B. Stone for the appellant. No appearance for the appellee. November 16, 1891. Dismissed with costs, pursuant to the 10th Rule. THE AMADOR QUEEN MINING CO., Piff. in Mr. W. M. Stewart for the plaintiff in error. No appearance for the defendant in error. November 17, 1891. Dismissed with costs, pursuant to the 10th Rule. LEO STEIN, et al., Appts., v. JOSIAH BORST. [No. 105.] Appeal from the Circuit Court of the United States for the Northern District of New York. ANN The Extra Annotation here following is arranged in the order of the cases in the original reporter's volume which precede it. At the upper outside corner of the page is given the volume and pages of the cases to which the Annotation refers. After the official reporter's volume and page in the heading of each case is given book and page of the present edition, the abbreviation L being used for Lawyers Edition, or Law. Ed. for brevIty, as it is throughout in the duplicate citations of cases from the Supreme Court. ABBREVIATIONS. F. C. appended to a citation from the regular reports of the U. S. Circuit and Distarct Courts refers to the series of reprints called the Federal Cases and gives, as its publishers do and recommend, the number of the case in that series. Fed. Cas. is used when the case is contained in the series of Federal Cases but is not reported in the regular series of U. S. Circuit and District Court Reports, and the citations of such cases is to the volume and page of Fed. Cas., not to the number of the case. Fed. or Fed. Rep. refers to the well known series Federal Reporter, containing reports of the Circuit and District Court decisions since 1880. L. R. A. will be readily recognized as the abbreviation for the Lawyers Reports Annotated, and particular attention should be given to these citations, as in a large proportion of cases the citing case will be found accompanied by a note on its principal point absolutely exhaustive of the authorities thereon. Am. Dec., Am. Rep. and Am. St. Rep. will be readily recognized as the abbreviations for the well known trinity of selected case reports, The American Decisions, American Reports and American State Reports. Pennsylvania State Reports (Pa. St.) The New Jersey Law Reports (N. J. L.) and Equity Reports (N. J. Eq.) are distinguished by the number of the series, not by the name of the reporter, while the North and South Carolina Reports, Law and Equity, are cited by the name of the reporter where the reports are so titled and it has been the universal custom. Duplicate citations are given to the National Reporter System where cases are therein contained, and to the Reporter System alone of cases not, at the date of the preparation of the annotation, officially reported. The usual abbreviations are used, as follows: Atl. Atlantic Reporter, Pac. Pacific Reporter, N. E. Northeastern Reporter, N. W. Northwestern Reporter, So. Southern Reporter, S. W. Southwestern Reporter, S. Ct. Supreme Court Reporter. We think that in all other respects the abbreviations used are clear and familiar to all who are accustomed to the use of legal reports and text-books. U. S. Notes 145 U. S. 36 L. ed. 860--46p. EDITOR. |