994
79 FEDERAL REPORTER.
EDISON ELECTRIC LIGHT CO. v. STAFFORD et 8.1. (Circuit Court· of Appeals, Second Circuit. July 26, 1895.) No. 466. Appeal from the Circuit Court of the United States for the Southern District of New York. E. H. Lewis and Dyer & Seely, for appellant. Hobbs & Gifford, for appellees.Dismissed by consent. '
EXCELSIOR PEBBLE PHOSPHATE CO. et a1. v. BROWN et a1. (Circuit Court of Appeals, Fourth Circuit. November 11, 1896.) No. 169. Appeal from the Circuit Court of the United States for the District of West Virginia. W. E. Chilton, for appellants. J. S. Sanderson,' for appellees. No opinion. Cause dismissed, pursuant ,to twenty-third rule, for failure to file printed records.
FARMERS' LOAN & TRUST CO. et a1. v. FARMERS' LOAN & TRUST CO. (BIlJI." Intervener). Court of Appeals, Eighth Circuit. November 9, 1896.) No. 776. Appeal from the Circuit Court of the United States for the District of North Dakota. D. A. Lindsay and F. W.' M. Cutcheon, for appellants. Samuel L. Glaspell, for Bill, intervener. Dismissed on motioll of appellants. FARMERS' LOAN & TRUST 00. et a1. v. FARMIDRS' LOAN & TRUST CO. (COMASKY, Intervener). (Circuit Court of Appeals, Eighth Circuit. November 9, 1896.) No. 775. Appeal from the Circuit Court of the United States for the District of North Dakota. D. A. Lindsay and F. W. M. Cutcheon, for appellants. Taylor Crum, for Comasky, intervener. DismisseQ. on motion of appellants. FARMERS' LOAN & TRUST CO. et a,l. v. FARMERS' LOAN &: TRUST 00. (OONATY et a1., Interveners). (CircuitOourt of Appeals, Eighth CIrcuit.
November 16, 1896.) No. 777. Appeal from the Circuit Court of the United States for the District ot North Dakota. D. A. Lindsay and F. W. M. Outcheon, for appellants. Samuel 1.. Glaspell, for Conaty and others, interveners. Dismissed on motion of appellants.
FIDELITY INSURANCE1 TRUST & SAFE-DEPOSIT 00. et aJ.. v. VIR· GINIA & T. COAL & CO. (Circuit Court of Appeals, Fourth Circult. February 13, 1897.) No. 177. Appeal from the Circuit Court of the United States for the Eastern District of Virginia. Wm. W. Old and Richard C. Dale, tor appellants. Daniel Trigg, for appellee. No oplnlon. Cause settled and dismissed. pursuant to the twentieth rule.
FOPPES et a.l. v. UNITED STATES, (Olrcuit Court ot Appeals, Second Circuit. December 2, 1895.) No. 680. Appeal from tlle Circuit Court 01" the United States tor the Southern District of New York. Stanley, Clark & Smith, tor appellants. Wallace Macta:rlane, U. S. Atty. No oplnlon. Appeal dismissed.
MEMORANDUM DECISIONS.
996
FOPPES et a1. v. UNITED STATES. (Circuit Court of Appeals, Second Circuit. May 27, 1896.) No. 725. Appeal from the Circuit Court of the United States for the Southern District of New York. Stanley. Clark & Smith, for appellants. Wallace Macfarlane, U. S. Atty. Dismissed on consent.
FOPPES et a1. v. UNITED S'rATES. (Circuit Court of Appeals, Second Circuit. January 23, 1895.) No. 397. Appeal from the Circuit Court of the United States for the Southern District of New York. Edwin V. Smith, for appellants. Henry C. Platt, Asst. U. S. Atty. No opinion. Decree affirmed.
FOWLER MANUF'G CO. v. PIERPONT BOILER CO. (CircuIt Court of Appeals, Sixth Circuit. July 8, 1896.) No. 436. Appeal from the Circuit Court of the United States for the Northern District of Ohio, Eastern Division. Lawrence Maxwell, Jr., and Ephraim Banning, for appellant. Thomas W. Bakewell, for appellee. No opinion. Judgment affirmed.
FRANKEL et a1. v. UNITED STATES. (Circuit Court of Appeals, Second Circuit. March 9, 1896.) No. 588. Appeal from the Circuit Court of the United States for the Southern District of New York. Currie, Smith & )fackie, for appellants. Wallace Macfarlane, U. S. Atty. No opinIon. Affirmed In open
court.
GARNER v. SECOND NA'r. BANK OF PROVIDENCE, R. 1. (Circuit Court of Appeals, Second Circuit. March 2, 1896.) No. 681. In error to the Circuit Court of the United States for the Southern District of New York. Aleck Thain, for plaintiff in error. J. Langdon Ward, for defendant lD error. No opinion. Dismissed, pursuant to the sixteenth rule.
THE GEORGE S. HOMER. HARRIS v. THE GEORGE S. HOMER et a1. (CircuIt Court of Appeals, second Circuit. December 19, 1894.) No. 404. Appeal from the District Court of the United States for the Eastern District of New York. J. A. Hyland, for appellants. E. L. Owen, for appellee. No opinion. Affirmed lD open court. OOUGAR v. MORSE. (Circuit Court of A.ppeals, First Circuit. November 10. 1896.) No. 178. Error to the CircuIt Court of the United States for the District of Massachusetts. Harvey N. Shepard, for plaintilf In error. Henry F. Bushnell, for defendant lD error. No opinion. Dismissed for fallure to print record. GRAHAM T. MACDONELD. (Circuit Court of A.ppeals, FIfth Olrcuit. November 24, 1896.) No. 513. Error to the Circuit Court of the United States for the Western District of Texas. Before PARDEE and McOORMICK, Circuit Judges, and NEWMAN, District Judge. McCORMICK, CIrcuit Judge. In this case a jury was waived by stipulation in writing. The record does Dot show that any exception was taken to