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197 U. S.

Decisions on Petitions for Writs of Certiorari.

1905. Petitions for writs of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit granted. Mr. S. Hamilton Graves for pctitioners. Mr. H. Gordon McCouch for respondents.

No. 547. THE KANSAS CITY SOUTHERN RAILWAY COMPANY, PETITIONER, v. CLARK PRUNTY. April 10, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. Mr. Samuel W. Moore for petitioner. No one opposing.

No. 577. ALBERT C. GUNNISON ET AL., PETITIONERS, v. CHICAGO, MILWAUKEE AND ST. Paul Railway COMPANY. April 10, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied. Mr. Wm. F. Vilas, Mr. John C. Spooner and Mr. J. R. Sanborn for petitioners. Mr. George R. Peck, Mr. Burton Hanson and Mr. C. H. Van Alstine for respondent.

No. 580. MEMPHIS CONSOLIDATED GAS AND ELECTRIC COMPANY, PETITIONER, v. JANE LETSON. April 10, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied. Mr. Thomas B. Turley for petitioner. No one opposing.

No. 585. CHARLES E. MOORE ET AL., PETITIONERS, v. ROBERT B. PETTY ET AL., EXECUTORS, ETC. April 10, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. Mr. Elbert H. Hubbard for petitioners. No one opposing.

No. 589. STRATTON'S INDEPENDENCE, LIMITED, PETITIONER, v. Tyson S. DINES ET AL., EXECUTORS, ETC., ET AL. April 10, 1905. Petition for a writ of certiorari to the United States Cases Disposcd of Without Consideration by the Court. 197 U. S.

Circuit Court of Appeals for the Eighth Circuit denied. Mr. Louis Marshall and Mr. Samuel Untermyer for petitioner. Mr. L. M. Goddard for respondents.

No. 593. THE WESTERN ELECTRIC COMPANY, PETITIONER, V. JOHN F. HANSELMANN, JR. April 10, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. John Notman for petitioner. Mr. John F. Hanselmann, Jr., pro se.

No. 594. GREAT NORTHERN Railway COMPANY, PETITIONER, 1. WILLIAM C. FOWLER. April 10, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied. Mr. James B. Howe and Mr. L. C. Gilman for petitioner. No one opposing.

No. 595. THE UNITED ENGINEERING AND CONTRACTING COMPANY, PETITIONER, v. FRANCIS BROADNAX. April 10, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. L. Laflin Kellogg, Mr. Alfred C. Pette and Mr. Franklin Nerius for petitioner. Mr. Andrew Wilson and Mr. Noel W.. Barksdale for respondent.

CASES DISPOSED OF WITHOUT CONSIDERATION BY THE COURT FROM FEBRUARY 21 TO APRIL 10, 1905.

No. 437. HENRY F. MCCLURE ET AL., PLAINTIFFS IN ERROR, v. UNITED STATES MORTGAGE AND TRUST COMPANY. In error to the Supreme Court of the State of Oregon. March 3, 1905. 197 U. 8. Cases Disposed of Without Consideration by the Court.

Dismissed with costs on motion of Mr. John H. Mitchell for the plaintiffs in error. Mr. John H. Mitchell for plaintiffs in error. Mr. John H. Hall for defendant in error.

No. 270. RUSSELL SAGE, AS ASSIGNEE, ETC., PLAINTIFF IN ERROR, v. THEODORE A. MAXWELL ET AL; and No. 271. RusSELL SAGE, AS ASSIGNEE, ETC., PLAINTIFF IN ERROR, v. HENRY MUNSTERMAN ET AL. In error to the Supreme Court of the State of Minnesota. March 20, 1905. Dismisserl, per stipulation, on motion of Mr. A. B. Browne for the plaintiff in error. Mr. A. B. Browne, Mr. Alexander Britton and Mr. Owen Morris for plaintiff in error.

No. 265. THE DISTRICT OF COLUMBIA, APPELLANT, v. CoLUMBUS J. ESLIN, ADMINISTRATOR, ET AL.; No. 266. COLUMBUS J. Eslin, ADMINISTRATOR, ETC., APPELLANT, 1. THE DISTRICT OF COLUMBIA; No. 293. SAMUEL J. RITCHIE, APPELLANT, v. THE DISTRICT OF COLUMBIA; and No. 296. W11LIAM A. GORDON ET AL., EXECUTORS, ETC., APPELLANTS, '. THE DISTRICT OF COLUMBIA. Appeals from the Court of Claims. April 3, 1905. Dismissedl, per stipulation, on motion of Mr. Solicitor-General Hoyt. The Attorney General for appellant in No. 265 and appellees in Nos. 266, 293 and 296; Mr. Wm. B. King for appellant in No. 266; Mr. John J. Hemphill for appellant in No. 293, and Mr. J. W. Douglass for appellant in No. 296.

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No. 207. Enoch HUNSAKER, PLAINTIFF IN ERROR, v. TOLTEC Ranch COMPANY. In error to the Circuit Court of the United States for the District of Utah. April 5, 1905. Dismissed with costs, pursuant to the tenth rule. Mr. B. Howell Jones for plaintiff in error.

VOL. CXCVII-40

Cases Disposed of Without Consideration by the Court. 197 U. S.

No. 348. THE AMERICAN SURETY COMPANY, APPELLANT, v. Willis G. BowLAND ET AL.; No. 349. THE FIDELITY AND CASUALTY COMPANY, APPELLANT, v. Willis G. BOWLAND ET AL.; and No. 350. THE AMERICAN BONDING AND Trust ComPANY, APPELLANT, v. Willis G. BOWLAND ET AL. Appeals from the Circuit Court of the United States for the Southern District of Ohio. April 10, 1905. Dismissed, per stipulation. Mr. Hartwell Cabell for appellants. Mr. Augustus T. Seymour for appellees.

No. 402. Louis AUGUSTE MARANDE ET AL., PLAINTIFFS IN ERROR, v. THE TEXAS AND PACIFIC RAILWAY COMPANY. In error to the United States Circuit Court of Appeals for the Second Circuit. April 10, 1905. Disinissed, per stipulation. Mr. Treadwell Cleveland for plaintiffs in crror. Mr. Rush Taggart for defendant in error.

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ACTION.
1. Ancillary action.
All the parties to an action in the United States Circuit Court, to deter-

mine title to land, united in an agreement that judgment be entered in
favor of two of the parties who were to convey the property to a pur-
chaser and to deposit the purchase price in a bank to the credit of arbi-
trators, who were to determine the exact rights of all the parties and
distribute the fund accordingly; judgment was entered and never ap.
pealed from or otherwise attacked. Held: that the parties in whose
favor judgment is entered are not trustees of the court, nor is the pur-
chase price received by them a fund of, or under the control of the
court; and a suit brought against them to compel them to account
for the purchase money is not ancillary, to the original action and the
final judgment rendered therein, and jurisdiction of the Circuit Court

cannot be maintained on that ground alone. Stillman v. Combe, 436.
2. Nature, where statutory liability is contractual.
Although a statutory liability may be contractual, or quasi-contractual

in its nature, an action given by statute is not necessarily to be re
garded as brought on simple contract, or breach of simple contract.
McClaine v. Rankin, 154.

See IMMIGRATION, 2;

Public LANDS, 1;
STATUTE OF LIMITATIONS.

ACTS OF CONGRESS.
Alaska, section 171 of Alaska Code, 31 Stat. 358 (see Constitutional Law,

10): Rassmussen v. United States, 516.
ANTI-Trust Act, Sherman Act (see Combinations in Restraint of Trade, 1):

Harriman v. Northern Securities Co., 244.
ARMY, Acts of May 26, 1900, 31 Stat. 211, and March 2, 1901, 31 Stat. 903,

and section 1261 Rev. Stat. (see Army): United States v. Mills, 223.
BANKRUPTCY, Act of 1898, section 579 (see Bankruptcy): Keppel v. Tiffin
Savings Bank, 356.

627

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