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.
lIElIOBANDUH DECJBIOlU.
999
MORRIS et aL Y. UNITED STATIDS. (Clreult Court or Appeals, Second OIreult. January 23, 1896.) No. 536. Appeal trom the Cireult Court of the United States tor the Southern District of New York. Comstock & Brown, tor appellant.. Wallace Macfarlane, U. S. Atty. No opinion. Afilrmed in open court.
MULOAHEY T. LAKE ERIE & W. RY. 00. (OIrcmt Oourt or Appeals, Sixth OIrcuit. December 9, 1896.) No. 384. Appeal trom the Clreult Court at the United States for the Western Division of the Northern District ot Ohio. Orville S. Brumback and Chas. A. Thatcher, for plaintiff' In error. J. 'B. Cockrum, for defendant in eJ:rOr. No opinion. esse reversed and remanded, With d1rect1oos to remand to state court. See 69 Fed. 1'i2.
MUNROE et at T. PHILADELPHIA WAREHOUSE CO. \ (Oircuit Court ot Appeals, Third Circuit. No. 29. AssIGNABILiTY OF BILL OF ,LADING.
January 15, 1897.)
Illrror to the OIrcult Court ot the United States tor Eastern District of Penn.ylvanla. For opinion, llee 75 Fed. 545. A. H. Wintersteen, tor plaintiff in error. Joseph de F. Junkin, tor defendant in error. be dismissed, and the clerk ot the court Is directed to dismiss the same. The costs and tees ot the clerk are to be paid by the plaintiff. All other costa aDd tees due to e11Jber of the partles are hereby waived and reml.tted.
It is kereby agreed that the writ ot error In the above-entitled cause shall
Ex parte NATIONAL MASONIC AOC. ASS'N OF DES MOINES, IOWA. SPARKS v. NATIONAL MASONIC ACO. ASS'N OF DES MOINES, IOWA. December 8, 1896.) No.6, originaL Petition In the alternative tor writ ot mandamus to compel the allowance of · writ ot error and supersedeas by the circuit court ot the United States tor the Southern district ot Iowa, or tor the allowance of a writ ot error a.n4 BUpersedeas by the circuit court ot appeala. Qla.rk Varnum, tor petitioner. No opinion. Denied. (OIrcu1t Court of Appeal_, Eighth OIrcuit.
NEWKIRK T. McCOOK et aI. (CIrcuit Court of· Appeals, Eighth Oircult. December 21,1896.) No. 807. Error to the CXrcul,t Court ot the United States, tor the District ot Kansas. John W. Deford, tor plaintiff In error. A. A. Hurd aDd W. Littlefield, tor defendants In error. No opinion. AfIlrmed, with eo&Ul.
THia NORMA. 8ULLIVAN T. THE NORMA et aL (Clreult Court of ApApril 22, 1896.) No. 652. Appeal trom the District Oourt ot the United States tor the Southern District of New York. H. W. BateS, tor appellant. W1n& PutDam & Burlingham, for appellees. No opln1on. Amrmed in open court. peals, Second Olrcuit.