INTOXICATING LIQUOR:

PAGE

Prohibition in § 240, Criminal Code, against shipping in
interstate commerce packages of intoxicating liquor not
marked as prescribed is continuing act, performance of which
is begun when package is delivered to carrier and completed
when it reaches destination. United States v. Freeman. ... 117
District Court of district into which liquor is shipped in vio-
lation of § 240, Criminal Code, has jurisdiction. Words to
ship means continuous act and not deliver for shipment.
Id.

INTRASTATE COMMERCE. See Carriers.

IOWA:

Under laws of Iowa a homestead may only be sold under
valid mortgage for deficiency remaining after exhausting
other property covered by same mortgage. Moody v. Cen-
tury Bank....

Right to insist on exemption of homestead under Iowa
statute except from sale for deficiency is not personal to
owners of homestead, but may be asserted by anyone hold-
ing under the mortgage, nor can they prejudice a transfer of
their interest in this right. Id.

See Des Moines.

ISLANDS. See Public Lands.

374

ITALY:

As to rights of aliens under treaties with, see Crane v. New
York

Heim v. McCall..

195

175

33

Truax v. Raich.

JOINT RATES. See Carriers.

JUDGMENTS AND DECREES:

Judgment granting railroad company right of way under
Right of Way Act of 1875 uses terms with same meaning as
used in act. Rio Grande Ry. v. Stringham.

44

Where court of competent jurisdiction in a proceeding in
rem under valid statute declares property has escheated as
there are no heirs, the decree binds all the world including
heirs who failed to appear. Christianson v. King County.. 356
Under the law of Washington Territory the property es-
cheated and passed under decree of probate court to county

JUDGMENTS AND DECREES-Continued.

in which it was located and that decree, being in accord with
valid law by a court of jurisdiction in a proceeding in rem
with opportunity to be heard, was valid, could not be at-
tacked collaterally, and there having been opportunity to be
heard it did not deny due process of law. Id.

Where final judgment of state appellate court sending case
back to trial court disposes of case on merits and leaves
nothing to discretion of trial court it is final and writ of error
lies to that judgment and not to second judgment based
thereon when case again comes up. Rio Grande Ry. v. String-
ham....

...

PAGE

44

55

Judgment of intermediate appellate state court not final
judgment under § 237, Jud. Code, if highest court of State
has discretionary power of review, as in Ohio, which has been
invoked and refused. Stratton v. Stratton.
Appellate court may without violating Fourteenth Amend-
ment correct interlocutory decision on a first appeal when
case again comes up with same parties, and whether it can
be done in particular case is state matter and decision of
highest court controlling here. Moss v. Ramey.
... 538
Where there is no doubt that import of decree pleaded as
res judicata to bill to quiet title was to effect that plaintiff in
former action had no title to property, inquiry in subsequent
action narrowed to question of jurisdiction of court render-
ing decree pleaded. Hapai v. Brown....

JUDICIAL CODE:

Provisions construed:

502

Section 24. Glenwood Light Co. v. Mutual Light Co....

121

JUDICIAL KNOWLEDGE:

This court may determine from knowledge of its members
whether court below has properly carried out a recent
mandate. Steinfeld v. Zeckendorf...

This court takes judicial notice of European War and that
inevitable consequence is to interrupt steamship business
between this country and Europe. United States v. Ham-
burg-American Co....

JUDICIARY. See Courts; Judicial Knowledge; Jurisdic-
tion; Practice and Procedure.

JURISDICTION:

I. Generally.

General powers of Federal courts sitting in equity can only
be exerted in cases otherwise within their jurisdiction. Briggs
v. United Shoe Co..

Courts have jurisdiction to determine whether reasons
given by Immigration Commissioner for excluding aliens un-
der the Alien Immigration Act agree with requirements of
the act, and if the Commissioner exceeded his powers alien
may obtain his release on habeas corpus. Gegiow v. Uhl.. ..
Postponing consideration of a motion to dismiss until the
hearing on the merits does not amount to a decision that the
court has power to review the judgment. Cerecedo v. United
States.

Mandamus from this court is proper remedy if a Federal
judge refuses to present sealed evidence after litigant shows
it is material. Ex parte Uppercu.... . . .

PAGE

26

466

48

3

1

435

The act of April 23, 1904, limiting and defining authority of
Secretary of Interior in regard to cancelling patents for
trust allotments does not restrict or define power or juris-
diction of court in that respect. La Roque v. United States 62
In condemnation proceedings in New York although maps
made of parcels and notices posted, the proceeding is not
commenced until petition is filed and a non-resident pur-
chasing before that can remove case into Federal court.
New York v. Sage ..

II. Jurisdiction of this court.

1. Over judgments of Circuit Court of Appeals: Judgments of
Circuit Court of Appeals in bankruptcy proceedings review-
able under act of 1915 only by certiorari. Central Trust Co.
v. Lueders...

Mere formal statement that cause of action arises under

57

11

JURISDICTION-Continued.

PAGE

Constitution and laws of United States not sufficient to give
this court jurisdiction to review judgment of Circuit Court
of Appeals otherwise final under § 128, Jud. Code. It must
appear suit really involves substantial controversy upon
which determination depends. Norton v. Whiteside ...... 144
Averments in bill as to general intent of Congress to secure
free navigation of rivers in Northwest Territory not suffi-
cient to give jurisdiction under § 241, Jud. Code, in ab-
sence of specific legislation involved in case otherwise final
under § 128. Id.

Where it sufficiently appears from the bill jurisdiction does
not depend on diverse citizenship only but controversy in-
volves Constitution or act of Congress, decision Circuit
Court of Appeals not final, and this court has jurisdiction.
under § 241, Jud. Code. Christianson v. King County..... 356
A proceeding brought by a trustee in bankruptcy asserting
title to lands, reciting encumbrances and asking that they
be sold and proceeds marshaled and liens be ascertained and
in which all parties appear, is a controversy in bankruptcy
and this court has jurisdiction to review the judgment of
the Circuit Court of Appeals. Moody v. Century Savings
Bank....

374

93

2. Over judgments of territorial courts: Review of judgments
of Supreme Court of Philippine Islands is regulated by Act
of July 1, 1902, under which this court has jurisdiction if
statute of United States such as Philippine Tariff Act is
involved. Gsell v. Insular Customs Collector...
Even where this court may review findings of fact, as in
appeals from Philippine Islands involving amount in con-
troversy it will not reverse findings made by both courts
below in absence of clear error. De Villanueva v. Villanueva 293
Has jurisdiction in divorce action if affidavits supporting
appeal show value of community property of jurisdictional
amount. Id.

Section 35, Foraker Act, superseded by § 244, Judicial Code.
Elzaburu v. Chaves ..

3. Over judgments of state courts: This court has no jurisdic-
tion under § 237, Jud. Code, to review judgment of state
court determining duty of county officer under the law of
the State. Stewart v. Kansas City.....

Unless contentions are wholly frivolous court has jurisdiction
under § 237 to review judgment of state court in action under
Employers' Liability Act, but in this case contentions are

283

14

JURISDICTION-Continued.

frivolous under Rule 6, § 5. Chicago & Rock Island Ry. v.
Devine..

Judgment of intermediate appellate state court not final
judgment under § 237, Jud. Code, if highest court of State
has discretionary power of review which has been invoked
and refused. Stratton v. Stratton. . . .

Usual practice in States where discretionary power exists in
highest appellate courts to review judgments of intermediate
appellate courts is to invoke its exercise before bringing
writ of error from this court. Id.

Whether the acts done within a State by a foreign corpora-
tion amount to doing business so as to subject the corpora-
tion to tax laws of the State is a Federal question and this
court can review the decision of the state court in that re-
spect. Provident Savings Ass'n v. Kentucky. . .

When decree of state court rests on independent non-Federal
ground broad enough to sustain it, irrespective of Federal
right asserted, this court has no jurisdiction under Jud.
Code, § 237. Mellon v. McCafferty....

If plaintiff in error unsuccessfully contended in state court
that property appropriated for drainage district was essen-
tially for private purpose and was taken without due pro-
cess of law this court has jurisdiction under § 237, Jud.
Code. O'Neill v. Leamer...

PAGE

52

55

103

134

244

Although court may have charged jury there was a presump-
tion rebuttable by proof that damage occurred on line of
delivering carrier, if it excluded testimony offered by carrier
to show that damage did not occur on its line on ground that
statute made delivering carrier liable, judgment does not
rest on independent ground and this court can review under
§ 237, Jud. Code, on constitutional question whether statute
denied due process of law. Atlantic Coast Line v. Glenn.... 388
While an issue remaining open on remanding case may be
one arising under state law which should primarily be dis-
posed of by state court, this court has ultimate authority to
review the decision on such question to extent necessary for
enforcement of Federal rights involved. Northern Pacific
Ry. v. Concannon....

Where state court has not passed on whether ordinance
exceeds legislative grant to municipality this court will.
Northwestern Laundry v. Des Moines...

382

486

4. In general: The power of this court cannot be enlarged or
its duty affected regarding moot case by stipulation of