APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. No. 517. Argued December 9, 10, 1914. Decided June 21, 1915. A railroad corporation engaged at the time of the passage of the Hepburn Act in the business of mining, buying, transporting and selling coal, in order to divest itself of title after the coal had been mined and before transportation began, caused a coal company to be incorporated having stockholders and officers in common with itself; thereupon the two
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 272. Argued January 9, 1936. Decided March 9, 1936. 1. In a suit in admiralty to forfeit a cargo of alcohol for breach of the customs and navigation laws, a claim of the United States for internal revenue taxes on the alcohol, being a non-maritime claim, cannot be set up in the libel; and to defer the presentation of such claim until after the final decree adjudicating the right to the property, is therefore not dilatory conduct
Opinion filed July 7, 1931. 1. — Pleading — Amended Petition — Departure — Waiver. Where an amended petition was filed and defendants filed their motion to strike out same upon the ground that it set up a different cause of action from that pleaded in the original petition, and that it substituted new parties against whom a separate and distinct relief was prayed, which motion being overruled, defendants attempted to preserve their exception in a term bill of exceptions, and answered over and went