ing of the ordinary sort.-United States v. Cantini, 212 F. 925.

$1010 (U.S.C.C.A.) Under Rev. Stats. U. S. § 649, providing that a finding of the court shall have the same effect as a verdict, where there is competent evidence to support a finding of fact, it is conclusive on appeal.-Nashville Interurban Ry. v. Barnum, 212 F. 634.

1012 (U.S.C.C.A.) A finding on an issue of fact will not be disturbed on appeal unless it is clearly against the weight of the evidence.Winter v. Bostwick, 212 F. 884.

(H) Harmless Error.

Every question properly involved upon the appeal, which was determined by the appellate court and constituted a basis for its conclusion upon the ultimate question presented, becomes a part of such law of the case.-Id.

ARBITRATION AND AWARD.

III. AWARD.

disputes between seller and buyers, under rules
$74 (U.S.C.C.A.) Awards on arbitration of
of cotton exchange, held not waived or vacated
by agreement between seller and its agent, who
matters to another arbitration, which agree-
was a guarantor, to the buyers to submit the
ment was never
Forbes Co. v. Heye, 212 F. 112.
carried into effect.-Birge-

§ 1048 (U.S.D.C.) Where defendant denied all
liability for plaintiff's injuries in a collision
with defendant's automobile, and denied that
plaintiff had ever made any claim against him,
he was not prejudiced by a question asked on
cross-examination, if he did not know he had
been sued for $20,000, on the ground that the See Appeal and Error, § 242.
amount sued for should have been withheld.-
Magee v. Vaughan, 212 F. 278.

1053 (U.S.C.C.A.) In an action on a fraternal insurance order, the error in admitting evidence of a custom, between the secretary of a local council and the member, permitting the payment of dues and assessments after maturity, held not cured by a charge withdrawing the testimony from the jury, except on the question of payment.-Order of United Commercial Travelers of America v. Young, 212 F. 132.

ARGUMENT OF COUNSEL.

ARMY AND NAVY.

See Habeas Corpus, § 30.

§ 47 (U.S.D.C.) Civil courts have no appellate jurisdiction to review the proceedings of courtsmartial.-Ex parte Tucker. 212 F. 569.

Since errors of procedure in military courts can be corrected only by proper military authorities, civil courts will not interfere with the judgments of courts-martial, if they have jurisdiction of the person and subject-matter. ASSESSMENT.

-Id.

§ 1068 (U.S.C.C.A.) Where, in an action for the possession of land, defendant relied on the 7 and 20 year statutes of limitations, and the evidence supported a finding under the 7-year statute, but not under the 20-year statute, the See Municipal Corporations, §§ 974, 979. error in refusing to charge that there was no evidence of 20 years' adverse possession was not prejudicial.-Betts v. Gahagan, 212 F. 120.

(1) Error Waived in Appellate Court. § 1078 (U.S.C.C.A.) Questions presented by the record, but not argued by counsel, will not be considered.-Eastern Oil Co. v. Holcomb, 212

F. 126.

§ 1195 (U.S.C.C.A.) When a case has been once decided by an appellate court and remanded to the lower court, whatever was before the appellate court and disposed of by it is considered as finally settled and as the law of the case, and as to such matters the lower court cannot grant further relief.-D'Arcy v. Jackson Cushion Spring Co., 212 F. 889.

Where an appellate court decided that patent was not infringed, that an injunction against defendant was erroneously granted and reversed, and remanded the case, the lower court had no power to reopen the case for further proof as to the scope of the patent.-Id.

ASSIGNMENT OF ERRORS.

See Appeal and Error, § 1078.

ASSIGNMENTS.

See Mines and Minerals, § 74.

ASSIGNMENTS FOR BENEFIT OF
CREDITORS.

See Bankruptcy.

ATTACHMENT.

See Bankruptcy, §§ 165-211; Execution; Garnishment.

ATTORNEY AND CLIENT.

See Appeal and Error, §§ 4, 10, 242, 760;
Bankruptcy, $$ 474, 482; Execution, § 228;
Witnesses, § 201.

I. THE OFFICE OF ATTORNEY. (A) Admission to Practice.

§ 10 (U.S.D.C.) While the court may refuse to permit one not a member of its own bar to appear before it, it may in its discretion allow attorneys of other courts to appear and conduct

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

cases.-Rouiller v. A. & B. Schuster Co., 212 F. 348.

AUTOMOBILES.

Complaint held not to be stricken because complainant's attorney was not admitted to the bar of the District Court, where he was qualified, was a member of the bar of the United States and state Supreme Courts, and had been authorized by the district judge to prose- See Habeas Corpus, § 110.

See Appeal and Error, § 1048; Damages, § 130; Evidence, § 272.

cute the case.-Id.

See Pledges.

BAIL.

BAILMENT.

(C) Suspension and Disbarment. § 38 (U.S.C.C.A.) Alteration of a bill of ex$21 (U.S.D.C.) Agreement by which samples ceptions after stipulation for allowance before were delivered to a merchant for purposes of presentation to the judge for signature, induc- display or advertisement to procure orders, to ing client to execute a pleading charging fraud be returned on order, held a letting or hiring of against another attorney, when there was nei- property for temporary use within Civ. Code S. ther fraud nor hope of proving it, and obtaining C. 1912, § 3740, and hence not void as to credjudgment against his own ignorant client with-itors, though not recorded. In re Nachman, 212 out the latter's knowledge, held ground for disbarment of the attorney.-Thatcher v. United States, 212 F. 801.

§ 43 (U.S.C.C.A.) An attorney, as a citizen, may criticise the qualifications of a candidate for re-election to a judicial office without reference to whether the criticisms are "decent and respectful," if they are in good faith and justified by the facts.-Thatcher v. United States, 212 F. 801.

Where the publication by a lawyer of a circular attacking a judge, who is a candidate for reelection, is alleged to be a libel, justifying disbarment, the circular must be read against its composers with the same meaning they intended its expected readers should draw; and it cannot be considered as if composed by laymen or put before an audience of lawyers.-Id.

Act of an attorney in publishing a false circular charging a judge, who was candidate for reelection, with being the corrupt tool of corporations, directing verdicts and granting injunctions in their favor without caring for the right of the case, held to constitute gross professional misconduct warranting disbarment.-Id.

§ 44 (U.S.C.C.A.) Acceptance by an attorney of professional employment, in an adverse interest to attack and overturn his previous professional work for another, held misconduct warranting disbarment.-Thatcher v. United States, 212 F. 801.

F. 460.

BANKRUPTCY.

See Conspiracy, §§ 28, 40; Courts, §§ 24, 99;
Criminal Law, 365; Indictment and Infor-
mation, §§ 63, 184; Witnesses, § 201.

II. PETITION, ADJUDICATION, WAR-
RANT, AND CUSTODY OF
PROPERTY.

(A) Jurisdiction and Course of Procedure

in General.

$20 (U.S.C.C.A.) Pendency in state court of suit by stockholders to dissolve corporation and appointment of receiver more than four months before petition in bankruptcy held not to defeat creditors' right to have the estate administered in the bankruptcy court, where they asserted that right as soon as the corporation was known to be insolvent and had committed an act of bankruptcy.-Bank of Andrews v. Gudger, 212 F. 49.

A receiver of a corporation appointed by a state court in behalf of stockholders could not hold the corporate property adversely to the receiver in bankruptcy claiming on behalf of the creditors.-Id.

(C) Involuntary Proceedings. $57 (U.S.D.C.) Under Bankr. Act, § 3, as amended by Act Feb. 5, 1903, c. 487, defining § 53 (U.S.C.C.A.) Where, after disbarment of acts of bankruptcy, it is not necessary that the an attorney by a state court, charges were pre-intent be to hinder, delay, and defraud credferred against him in the federal courts covering certain of the charges in the state court, a ruling that the findings of the state court were prima facie correct, and respondent was required to introduce the transcript of the proofs to show the contrary, was proper.-Thatcher v. United States, 212 F. 801.

II. RETAINER AND AUTHORITY. $71 (U.S.D.C.) It was too late after answer and plea for defendant to question the authority of plaintiff's attorney to represent him.Rouiller v. A. & B. Schuster Co., 212 F. 348.

ATTORNEY GENERAL.

See States, § 191.

AUTHORITY.

See Attorney and Client, § 71.

itors; it being sufficient if there be either intent. In re Muir, 212 F. 495.

One who, being insolvent, applies to the court for the appointment of a receiver for personal property, transfers his property within the meaning of Bankr. Act, § 1(25) defining "transfer."-Id.

§ 60 (U.S.D.C.) In involuntary bankruptcy proceedings, findings by the master that an application for receiver nominally filed by a creditor was actually filed by the debtor held to support a conclusion that the debtor applied for the appointment of the receiver.-In re Muir, 212 F. 495.

Under Bankr. Act, § 3a (4), providing that one who, being insolvent, applied for a receiver for his property, is a bankrupt, the charge of insolvency is one to be determined by the bankruptcy court.-Id.

Where the defendant in proceedings for the appointment of a receiver was the real plain

tiff also, hiding behind the nominal plaintiff, of title to parts which the dealer was expected
there was no cause before the court, and the to sell held void as to the dealer's trustee in
proceedings did not prevent the bankruptcy bankruptcy.-In re Harrington, 212 F. 542.
court from determining the issue of insolvency
at the time the application for the receiver was

made.-Id.

An application for a receiver, which prayed
that the proceeds of the sale of the property be
divided among the creditors, held to amount
to an assignment by the debtor for the benefit
of his creditors.-Id.

re-

§ 63 (U.S.C.C.A.) Suit by minority stockhold-
ers to dissolve corporation and appoint a
ceiver pursuant to Revisal N. C. 1905, §§ 1196,
1219, held not to entitle creditors to relief in

the bankruptcy court until the corporation be-
came insolvent and committed an act of bank
ruptcy.-Bank of Andrews v. Gudger, 212 F. 49.
§ 88 (U.S.D.C.) Where a petition in involun-
tary bankruptcy, good upon its face, has been
filed, other creditors, acting in good faith, have
the right to file intervening petitions at any time
during the pendency of the proceeding though
original petitioners were estopped to file peti-
tion.—In re Freeman Cotting Coat Co., 212 F.

551.

§ 91 (U.S.D.C.) Where a bill for the appoint-
ment of a receiver, though nominally by a cred-
itor, was actually filed by the debtor, the court
in subsequent bankruptcy proceedings against
the debtor can look beyond the allegations of
solvency contained in the bill and answer in
order to determine whether the debtor was in-
solvent. In re Muir, 212 F. 495.

Where the decree of the court appointing a
receiver is silent as to the reason for the ap-
pointment, papers may be consulted or evidence
aliunde produced in involuntary bankruptcy
proceedings to determine the reason for the ap-
pointment.-Id.

Upon an application for involuntary bank-
ruptcy, evidence held to show that the debtor
procured the appointment of a receiver with in-
tent to delay his creditors.-Id.

III. ASSIGNMENT, ADMINISTRATION,
AND DISTRIBUTION OF BANK-
RUPT'S ESTATE.

(B) Assignment, and Title, Rights, and
Remedies of Trustee in General.

$140 (U.S.D.C.) Where stockbrokers who had
purchased stock for customers and who had
charged themselves on their books with the
stock as "long" became bankrupts, each cus-
tomer for that kind of stock was entitled to a
pro rata share of the stock in the brokers' pos-
session at the time of the bankruptcy.-In re
H. B. Hollins & Co., 212 F. 317.

§ 140 (U.S.D.C.) In order to trace an alleged
trust fund into the hands of the bankrupts'
trustee and recover same, it is insufficient to
show that it went in a general way to swell
the bankrupts' entire estate, but complainants
are bound to trace the money to the trustee's
possession or to show that it went into or paid
for property of which the trustee acquired pos-
session from the bankrupts.-Knauth, Nachod
& Kuhne v. Lovell, 212 F. 337.

§ 140 (U.S.D.C.) In contract between manu-
facturer and dealer in automobiles, reservation

$143 (U.S.D.C.) A bankrupt will not be com-
pelled to assign his liquor license or assist the
trustee in disposing of it for the benefit of the
estate, unless it appeared that it was the cus-
tom of the licensing board to allow licensee to
surrender his certificate and nominate his suc-
cessor or to issue a new license in place of the
one surrendered and, having done so, to grant
a refund. In re Beahn, 212 F. 762.

§ 152 (U.S.C.C.A.) Under Bankr. Act, § 70,
as amended by Act Feb. 5, 1903, defining title
right of a trustee in bankruptcy intervenes as
to property of the trustee of a bankrupt, the
of the date of the filing of the petition in bank-
ruptcy, unaffected by any subsequent act of a
mortgagee of the bankrupt in taking possession,
unless the mortgage was duly acknowledged and
recorded.-In re Federal Contracting Co., 212
F. 688.

$154 (U.S.D.C.) Where the shares on hand of
stockbrokers purchasing stock for customers
was at the time they became bankrupts less
than the amount required to satisfy the demands
of the customers, any customer indebted to the
brokers could set off his indebtedness against
shares not recoverable.-In re H. B. Hollins &
Co., 212 F. 317.

(C) Preferences and Transfers by Bank-
rupt, and Attachments and
Other Liens.

§ 163 (U.S.D.C.) State court decisions having
held valid pledges in which the property has
been delivered subsequent to the agreement to
give the lien, except as against intervening lien
creditors, such a transaction will not consti-
tute a voidable preference under the bankrupt-
cy law. In re Harvey, 212 F. 340.

$165 (U.S.C.C.A.) Where defendant, with
knowledge of the insolvency of his brother-in-
law, advanced money to take up notes of a
bank which was pressing for payment and for
such advancement took notes of the bankrupt
and, on the maturity of the first of the series,
procured a deed of trust of the bankrupt's prop-
erty, of which the trustee immediately took
possession, the deed constituted a preference
in violation of Bankruptcy Act, § 60b.-Dean
V. Davis, 212 F. 88.

§ 165 (U.S.C.C.A.) That the proceeds of a
transfer of property by a bankrupt were applied
on a debt due the government did not prevent a
recovery of the goods or their value, as under
Bankruptcy Act, § 64, there are four classes of
payments to be made before the government is
paid.-Parker v. Sherman, 212 F. 917.

§ 165 (U.S.C.C.A.) Where a bank, with knowl-
edge of the bankrupt's insolvency, accumulated
a fund in its deposit account until the same
was sufficient to pay a note owing by the bank-
rupt to the bank, and two days before bankrupt-
cy obtained payment by a check drawn on the
account, the transaction constituted a prefer-
ence, notwithstanding the set-off authorized by
Bankr. Act, § 68a.-În re National Lumber Co.,
212 F. 928.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

§ 165 (U.S.D.C.) The application of deposits to payment of claims held by the bank is not a preference. In re Radley Steel Const. Co., 212 F. 462.

§ 166 (U.S.C.C.A.) That full and fair consideration was paid bankrupt for goods transferred within four months held not sufficient to sustain the transfer in the absence of good faith, in view of Bankr. Act, § 67e.-Parker v. Sherman, 212 F. 917.

Facts held to show that defendant, who purchased stock of goods from bankrupt, must have known of mortgage thereon, and that the proceeds were to be applied for the benefit of the mortgagee, thus hindering and delaying other creditors, and hence his purchase was not in good faith.-Id.

8184 (U.S.D.C.) Under Bankr. Act, § 67a, and section 47a(2), as amended in 1910, granting to a trustee the rights of creditors in relation to liens and to the property of the estate, a trustee in bankruptcy, representing creditors against whom a conditional sale was void because not recorded until after the credit had been extended, was entitled to the possession of the property. In re Johnson, 212 F. 311. A trustee in bankruptcy is entitled to the possession of the property covered by a conditional sale void as to a portion of the creditors, even though it is valid as to others.-Id. § 188 (U.S.C.C.A.) A holder of real estate mortgages as collateral security for a bankrupt's debt held not entitled to collect rents and profits as against the bankrupt's trustee. Mere notice by a pledgee of mortgages on real estate, as collateral security, of an asserted right to collect rents, is not equivalent to actual possession by such pledgee.-Id.

§ 166 (U.S.D.C.) There must be an intent on-In re Sweeney, 212 F. 1. the part of the bankrupt to prefer, in order that an alleged preferential transfer shall constitute an act of bankruptcy.-In re Freeman Cotting Coat Co., 212 F. 548.

Where a managing creditors' committee approved certain transfers of accounts to the bank with which the bankrupt did business in consideration for loans, the security not being materially greater than the loans, there was no intent to prefer on the part of the bankrupt, and the approving creditors were estopped to claim that the transfers constituted an act of bankruptcy.-Id.

§ 178 (U.S.C.C.A.) A deed of trust executed to secure a present advancement by the beneficiary with knowledge of the bankrupt's insolvency in order to take up notes held by a pressing creditor with knowledge that foreclosure would result in the reduction of the value of the bankrupt's assets, the payment of a preferred debt, and failure to pay other debts, was constructively fraudulent and invalid under Bankruptcy Act, § 67e.-Dean v. Davis, 212 F. 88.

§ 180 (U.S.D.C.) The good faith of an alleged conveyance by a bankrupt in fraud of creditors is to be measured by the same standard of care that is applied to a creditor in accepting payments, or transfers as payments, from an insolvent debtor.-Lewis v. Julius, 212 F.

223.

§ 182 (U.S.D.C.) Transactions known by a purchaser from a bankrupt to be out of the usual and ordinary course of business tend to negative good faith in determining whether they are void as in fraud of creditors.-Lewis v. Julius, 212 F. 225.

Where members of a bankrupt firm transferred their assets to a corporation formed for the purpose, not for a present fair consideration, the transfer was fraudulent, and the property was recoverable by the trustee of the firm as against the trustee in bankruptcy of the corporation.-Id.

§ 184 (U.S.C.C.A.) Where a contract for the sale of fertilizers on credit to the bankrupt provided that the proceeds of sales made by him should be held for the seller to be applied on the price, such debts constituted personal prop erty and required the contract to be recorded, under Civ. Code S. C. 1912, § 3542, and the seller as against the bankrupt's trustee was not entitled to a lien thereon on failure to record.-Townsend v. Ashepoo Fertilizer Co., 212 F. 97.

§ 188 (U.S.D.C.) Where a factor took charge of certain bankrupts' business and advanced money under a lien contract giving him exclusive control of the business, and gave wide publicity to the fact of his possession, his lien was valid and extended to the goods on hand and those subsequently purchased.-Boise v. Talcott,

212 F. 268.

§ 188 (U.S.D.C.) An agreement to give and deliver a pledge, made in good faith, to secure a present loan or consideration protected by state law, is valid under Bankr. Act, § 67d.In re Harvey, 212 F. 340.

The lien of a pledge remains undisturbe:1 when good against both the bankrupt and his creditors immediately preceding the adjudication.-Id.

The title of a pledgee, in the absence of fraud. is good against the world except creditors having liens, and on the pledgor's bankruptcy the property passes to his trustee, subject to the superior title of the pledgee or lienor.-Id.

for the price of land had a purchase-money lien § 188 (U.S.D.C.) The holder of a note given on the land paramount to all other demands against it, and which was not affected by the purchaser's bankruptcy.-Sheridan State Bank v. Rowell, 212 F. 529.

8209 (U.S.D.C.) Under Bankr. Act, § 47, as amended in 1910, and section 70e, it is the trustee's duty, if properly indemnified, to sue to set aside fraudulent transfers, and if he refuses, an interested party may sue in his own name, making the trustee a defendant, or may be permitted to sue in the trustee's name.Casey v. Baker, 212 F. 247.

8211 (U.S.D.C.) Where prior to bankruptcy proceedings the state court had foreclosed loggers' liens and adjudged the proceeds of the sale of the logs to the lien claimants, the entry of would the fund be transferred to the bankrupta formal judgment would not be enjoined, nor cy court for distribution among the lien claimants. In re Bach, 212 F. 575.

$211 (U.S.D.C.) Property in the possession of a bankrupt's trustee cannot be taken on replevin without the consent of the bankruptcy

court. In re Brockton Ideal Shoe Co., 212 F.
764.

Where personal property is claimed by a
bankrupt's trustee and by another, the bank-
ruptcy court will not grant the latter permission
to sue therefor in replevin; adequate procedure
for the trial of such claims in bankruptcy hav-
ing been provided.-Id.

(D) Administration of Estate.
$226 (U.S.D.C.) Where any matter is refer
red to a referee in bankruptcy to find the facts,
it is proper for him in his report to state his
conclusions on the facts found.-In re Baker,
212 F. 765.

$228 (U.S.D.C.) The mode prescribed by Gen-
eral Orders in Bankruptcy No. 27 (89 Fed. xi,
32 C. C. A. xxvii) for a review by the judge of
orders of the referee is exclusive, and an at-
tempted appeal from an order of the referee re-
jecting a claim as a secured claim confers no
power on the court.-In re Octave Mining Co.,
212 F. 457.

A petition to review the order of a referee in
bankruptcy comes too late, when filed nearly
11 months after the decision complained of.
-Id.

$242 (U.S.D.C.) The constitutional privilege
of a witness applies to a bankrupt and entitles
him to refuse not only to give oral testimony,
but to produce books and papers that will tend
to incriminate him.-United States v. Rhodes,
212 F. 518.

$244 (U.S.D.C.) Under Bankr. Act, § 39 (9),
and General Order 22 (89 Fed. x, 32 C. C. A.
XXV), a witness, having been examined before a
referee and his testimony taken down, is en-
titled to read over the testimony before he is
compelled to sign it.-In re Waters-Colver Co.,

212 F. 761.

$249 (U.S.D.C.) Where a bankrupt orchard
company, having contracted to plant, cultivate,
and irrigate orchards pending payment of the
price, had assigned all but one of such contracts
before adjudication, the trustee was not entitled
to continue cultivation against the objection of
a creditor.-In re Wenatchee Heights Orchard
Co., 212 F. 787.

& 268 (U.S.C.C.A.) Since the trustee in bank-
ruptcy takes the property of the bankrupt with
all the equities impressed on it by the bankrupt
and with the equities in the bankrupt's favor,
a purchaser from the bankrupt assumes no ob-
ligation not enforceable against the bankrupt.
-Consolidated Arizona Smelting Co. v. Hinch-
man, 212 F. 813.

$ 272 (U.S.D.C.) Where a bankrupt orchard
company, having agreed to irrigate orchard
tracts until paid for by purchasers, did not do
so because of a shortage of water, and large
unliquidated claims for damages were filed, the
petition of the trustee in bankruptcy to use
funds of the estate to purchase additional wa-
ter rights in settlement of such claims held in-
sufficient. In re Wenatchee Heights Orchard
Co., 212 F. 787.

(E) Actions by or Against Trustee.
§ 279 (U.S.C.C.A.) A suit by a trustee in
bankruptcy against a mortgagee of the bank

[rupt to recover possession of property taken by
the mortgagee under an alleged invalid mort-
gage is an independent and plenary suit by the
trustee, and the mortgagee, answering to the
merits, thereby admits the trustee's capacity
to sue.-In re Federal Contracting Co., 212 F.
688.

$279 (U.S.D.C.) Since, under Bankr. Act
1898, 67e, only such fraudulent conveyances
by bankrupts are null and void as are not made
to purchasers in good faith, and for a present
fair consideration, the bankrupts may be denied
a discharge because of a fraudulent convey-
ance under section 14, and yet the property so
conveyed be not recoverable.-Lewis v. Julius,
212 F. 225.

Where the members of a bankrupt partner-
ship transferred their assets in fraud of credi-
tors to a corporation which obtained insurance
thereon, the proceeds of the insurance after
loss were not recoverable by the trustee in
bankruptcy.-Id.

$ 279 (U.S.D.C.) Where defendant took
charge of a corporation's business under a fac-
tor's agreement entitling him to a lien for ad-
vances on stock, accounts receivable, etc., the
corporation's trustee in bankruptcy was entitled
to an accounting from defendant for merchan-
dise sold, or its value, for accounts collected,
and for loans and advances.-Boise v. Talcott,
212 F. 268.

§ 287 (U.S.C.C.A.) Property transferred by a
bankrupt so as to effect a preference, or its
value, may be recovered by a suit in equity.-
Parker v. Sherman, 212 F. 917.

whether party in possession of property claimed
§ 288 (U.S.D.C.) On a hearing to determine
to belong to the bankrupt is an adverse hold-
er, a claim of title or right to possession based
on such fraud as to vitiate the rights asserted
may be tested by the court.-In re Radley Steel
Const. Co., 212 F. 462.

The right to draw checks against an account
in a bank distinguishes the possession of the
bank from that of an ordinary debtor, and
gives the bankruptcy court the right to order
payment to the trustee of such deposits as are
not claimed by the bank on some other ground
than its holding as a depository.-Id.

An alleged lien against a sum on deposit in a
bank is an adverse claim and cannot be deter-
mined on motion.—Id.

The right to apply deposits to payment of
claims held by the bank can only be tested by
action.-Id.

The claim of a right to apply moneys of a
bankrupt for the purpose of indemnity on some
contingent liability carries the right to posses-
sion, and is such a claim of title that it cannot
be disposed of summarily upon motion.-Id.

While the court cannot determine the right
of a bank to apply deposits of the bankrupt to
notes not yet due, on motion it can determine
whether such issues can legally exist.-Id.

§ 302 (U.S.D.C.) In a suit to trace and re-
cover the proceeds of certain drafts with forg-
ed bills of lading attached into the hands of
the trustee in bankruptcy of the bankrupt
drawers, averments of the bill held consistent
with the idea that the drafts were deposited

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER