992

79

FlllD;JllRAL RlllPORTlllR.

tlon In the alternative tor writ of mandamus to compel the allowance of a writ of error and 8upe1'l!ledeas by the circuit court of the United States for the Southern district of Iowa, or for the allowance of a writ of error and supersedeas by the circuit court of appeals. OJark Varnum, tor· petltioner. No opinion. Denied. CITY OF HASTINGS, NEB., v. THOMAS. (Olrcult Court of Appenls. FJiglhth Circnlt. January 18, 1897.) No. 825. IDrror to the Circuit Court or tb,e United States for the District of Nebraska. Harry S. Dungan, for plaintiff In error. Lionel C. Burr and Oharles L. BUlT, for defendant in error. No opinion. Affirmed, with costs.

CITY OF HUMBOLDT v. JACKSON et a1. (Circuit Court of Appeals, Eighth Circuit. December 9, 1896.) No. 665. Error to the Olrcuit Oourt ot the VnltW. States for the District of Kansas. L; W. Keplinger, for plalnti!! in error. C. E. Epler, B. P. Waggener, David Martin, James W. Orr, W. O. Perry, and John H. Crain, for defendants In error. Dismissed., with coats, pursuant to stipulation of the parties.

CITY OF OMAHA.et at. v. NEW ENGLAND LOAN & TRUST 00. (Ok'cult Court of Appeals,Eighth Circuit. May 13, 1896.) No. 746. Appeal from the Circuit Court. of the United States tor the District of Nebraska. W. J. Connell, for appellants. E. D. Samson, for appellee. No opinion. Dismissed, with costs, pursuant to twenty-third rule, tor failure to print record, on motion of appellee.

=

COOKRILL T. WOODSON et ala (Circuit Court ot Appeals, Eighth O!rcult. December 8, 1896.) No. 883. Error to the Oircult Court of the United States for the Western Dlstriot of MiSSOUri. Ben. J. Woodson, for defendants In error. No opinion. DockElted and dismissed, with costs, pursuant to the 11.:rteenth rule. on motion ot counsel for defendants in error.

CROSSLEY

V.

DUGGAN.

(Circuit Oourt of Appeals, Third Circuit. February 22, 1897.)
PATENTS-ApPARATUS FOR MOJ,DING EARTHENWARE.

Appeal from the Circuit Oourt ot the United States tor the District ot New J<ersey. For opinion, see 71 Fed. 967. Francis '1'. and F. O. Lowthrop, for appellant. James Buchanari, for appellee. Before DALLAS; OIrcuit Judge, and BUTLER and WALES, District .Judges. PER OURIAM. The judges by whom this case was heard, Including late Judge WALES, had, some time previous to his death, all agreed upon disposition to be made of It. The survivors of those who then constituted court do not deem It necessary, under the circumstances, to do. more than nounce the judgment which had thus been unanimously determln¢d upon. accordance therewith the decree of the court below Is affirmed. the the the an-

In

MEMORANDUM DECISIONS.

993

DANIEL v. BROWN et al. (Oircuit Oourt of Appeals, Eighth Circuit. December 9, 1896.) No. 733. Appeal from the Oircuit Court of the United States for the District of Oolorado. Cuarles J. Hughes, Jr., for appellant. C. S. Thomas, Wm. H. Bryant, ·and H. H. Lee, for appellees. No opinion. Dismissed, with costs, pursuant to the twenty-third rule, for failure to print the record, on motion of counsel for appellees.

DAVIS v. CORNWALL. (et'rcult Court of Appeals, Second CIrcuit. May 28, 1895.) No. 207. Appeal from the Circuit Court of the United States for the Southern District of New York. W. S. Logan, for appellant. A. B. Maltby, for appellee. No opinion. Judgment affirmed.

DAVIS v. WAKELEE. (Circuit Court of Appeals, Second Circuit. May 28, 1895.) No. 206. Appeal from the Circult Court of the United States for the Southern District of New York. W. S. Logan, for appellant. A. B. Maltby, for appellee. No opinion. Judgment affirmed.

EAUCABERT v. APPLETON. (C1renlt Court of Appeals, Second Circuit. November 8, 1895.) No. 479. Appeal from the Circuit Court of the United States for the Southern District of New York. Francis Forbes, for appellant. R. B. McMaster, for appellee. No opinion. Ordered dismissed, with costs.

EBNER V. JUNEAU MIN. & .MANUF'G CO..et al. (Circuit Court. of Appeals. Ninth CircuIt. FebruarY 4, 1897.) No. 331. Appeal from the 'District Court of' the United States for the District of Alaska. William Hoif Cook, .for appellant·. Lorew;o S. B. Sawyer, for appellees. No opinion. Appeal dismissed on motion of LorenZ<l S. B. Sawyer.

ECLIPSE MANUF'G CO. v. STANDARD RADIATOR CO. (Circuit Court of Appeals,Second Circuit. ' December 18, 1895.) No. 520. Appeal from the Circuit Court of the United States for the Northern District of New York. Smith & Denison and DyrEmfOrth & Dyrenforth, for ap1lellant. E. S. Jenney and' George n. Lothrop, fOt'· appellee. . No opinion; Decree affirmed, with costs, on opinion of court below. see 62 'Fed. 465.

EDDY v. GLENN. (Circuit Court of Appeals, second Circuit.) No. 317. Appeal from the Circult Court of the United States for the Southern District George Zabclskle, for appellant. B. N. Harrison, Charles Marshall, and A. H. Masten,' for appellee. No opinion. Decree alfirmed, with costs, on opinion in Furnald v. Glenn, 12 C. C. A. 27. 64 Fed. 49. 79 F.-63