MEMORANDUM DECISIONS.
997
JONES T. MEEHAN et al. (CIrcuIt Court at Appeals, Elgllth CIrcuIt. May 28, 1896.) No. 771. Appeal from the CIrcuIt Court of the United States tor the
District of MInnesota. James A. Kellogg, for appellant. Orville Rinehart, C. D. O'Brien, and 'l'homas D. O'Brien, for appellees. No opinion. Diilmisaed, with costs, for want of jurisdiction, on motion of appellees.
KELLEY-GOODFELLOW SHOE 00. et al. v. SCALES et a1. (Circuit Court of Appeals, Eighth Circuit. December 8, 1896.) No. 640. Error to the United States Court for the Northern District of Indian Territory. Harrison O. Shepard and Joseph M. Hill, for plaintiffs in error. William T. Hutchings, for defendants in error. No opinion. Dismissed, with costs, pursuant to the twentyHcond rule. for want of prosecution.
KING et at. T. LEWIS. (CirCUit Court at Appealll, Sixth Circuit. October 26, 1896.) No. 444. Appeal from the Circuit Court of the United States for the 'Northern District of Ohio, Eastern Division. J. W. Jenner, for plaintiffs. Darius Dirlam, for defendant. No opinion. Judgment atflrmed.
KINGMAN et al, v. WESTERN MANUF'G CO.l (CircuIt Court at Appeals, Eighth Circuit. May 21. 1896.) No. 763. Error to the Circuit Court of the United States for the District of Nebraska. James H. McIntosh, for plaintiffs In error. G. M. Lambertson and Walter J. Lamb, for defendant in error. No opinion. Dismissed, with costs, for want of jurisdiction, on motion of defendant In error. KINNEY et al. v. CUNNINGHAM et al. (Circult Court ot Appeals, Eighth Circuit. December 18, 1896.) No. 798. Appeal from the Circuit Court of the United States for the District of Nebraska. Can-oll S. Montgomery and Matthew A. Hall, for appellants. D. W. :Merrow, for appellees. Dismissed, at costl of appellants, without attorney fee in the court of appeals or the circuit court, pursuant to stipulation of the parties.
LIVE STOCK CAR-EQUIPMENT CO. v. MAY et al. (Circuit Court at Appeals, Second Circuit. December 18, 1895.) No. 478. Appeal from the Circuii Court of the United States for the Eastern District of J\'ew York. W. E. Simmonds and Chas. M. Stafford, for appellant. Ira Leo Bamberger and Cowan, Dickerson & Brown, for appellees. No opinion. Decree affirmed, with costs, on opinion of court below. MAGNA OHARTA SILVER MINING & TUNNEL CO. et aI. T. HOLE. IClrcuft Coort of Appeals, Eighth Circuit. .Tune 29, 189G.) No. 822. Appeal from the Circuit Court of the United States for tlJe District of Colorado. E. Sowers, for appellee. No opinion. Docketed and dismissed, with costa, purluant to the sixteenth rule, on motion of appellee. · Rehearing denied September 21, 1896.
998
79 FEDERAL REPORTER. THE MARACAIBO. HEALEY v. THE MARAOAIBO et aL (Circuit COurt of Appeals, Second Circuit.)
SEAMEN'S WAGES-SET-OFF-SETTLEMENT.
This Is an appeal from a decree of the district court, Southern district of New York, in favor of Ubelant, for se8JIllan's wages and penalty on discharge In a foreign port, with interest and costs. See 79 Fed. 809· .J oseph Kling, for appellants. James Forester, for appellee. Before LACOMBE and SHIPMAN, Circuit Judges. PER CURIAM. Upon the record as it stands we are inclined to agree with the district judge as to what took place before the consul, whose deposition seems not to have been taken. The facts being thus found against the claimants, it is unnecessary to discuss any of the propositions of law advanced upon the argument. The decree of the district court is afiirmed, with interest and costs. THE MARY L. PETERS. HOWELL v. THE MARY L. PETERS et aI. (Circuit Court of Appeals, Second Oircuit. April 20, 1896.) No. 634. Appeal from the District Court of the United States for the Southern District of New York. Goodrich, Deady & Goodrich, for appellant. George A. Black, for appellees. No opinion. Decree of district court afiirmed, with Interest and costs. See 68 Fed. 919. MAYER v. GLENN. (Circuit Court of Appeals, Second Circuit.) No. 321. Appeal from the Oircuit Court of the United States for the Southern District of New York. George Zabriskie, for appellant. B. N. Harrison, Oharles Marshall, and A. H. Masten, for appellee. No opinion. Decree affirmed, with costs, on opinion in Furnald v. Glenn, 12 C. C. A. 27, 64 Fed. 49.
MILLER v. OHOCTAW, O. & G. RY. CO. (Circuit Oourt of Appeals, Eighth Oircuit. September 15, 1896.) No. 654. No opinion. Judgment of dismissal vacated and set aside, and cause restored to the docket.
MISSOURI PAC. RY. CO. v. SIDELL. (Oircult Court of Appeals, Second Oircuit. February 20, 1896.) No. 636. Appeal from the Circuit (xmrt of the United States for the Southern District of New York. W. S. Pierce, for appellant. O. D. Ingersoll, for appellee. No opinion. Afiirmed in open court.
MOORE v. CLARK et a1. (Olrcult Court·of Appeals, Second Oircuit. January 23, 1896.) No. 564. Appeal from the Oirena Court of 1fue Unl·ted States for the Southern District of New York. Frank J. Mather, for appellants. W. P. Preble, Jr., for appellee. No opinion. Appeal dismissed.