Page:Federal Reporter, 1st Series, Volume 6.djvu/480

 468 FEDERAL REPORTER. �"before a jury" when the jury had been s-worn and the cause fuUy submitted to it, although they had disagreed and were discharged. But if this is to be the sense inwhich it is to be construed, then each time the cause was submited to a jury and they failed to agree, would be a "trial before a jury," and a docket fee might be taxed. I do not think that this was the sense of "trial before a jury" contemplated by the stat- ute. I think it was intended to apply only to such cases in •which the controversy was disposed of by the verdict of a jury and judgment was rendered thereon ; but if a jury disagreed and were discharged, the case remained in ail respects as if the matter had never been submitted to a jury. No trial had been had, and the plaintifE could come into court and discontinue his cause; and if he did so, in the taxation of a docket fee, the case must be treated as discontinued, and a docket fee of five dollars only should be taxed. �The, motion must, therefore, be sustained, and the clerk in the retaxation will tax a docket fee of five dollars instead of twenty. ���SiLL, Assignas, etc., V.- SoLBBRG, (Oirouit Court, W. D. WUconsin. April 5, 1881.) �1. EqTJITABLI! RkLDBIV— FeAITOXIMINT PkBFBBENCB— CoHTIHrOBHT LUr �BiLirr — ^^Indobseb. �The fraudulent appropriation of the assets of a bankrupt to the payment of a note before maturity, at the reqnest and for the benefit of the Indorser, is a preper subject for equitable neUef in a bill to charge the indorser. �2. Bamb — SooPB OF Remedy. �Where there are such grounds for equitable relief as to part of the substantial matters set out in the bill, equity will take cognizance of the ■whole, �3. Fraudulent PnBFEKENCB— Ret. St. { 5128. �Such appropriation for the beneflt of the Indorsee constitutes » preference within the meaning of section 5128 of the Revised Stat- utes. — [Ed. �In Equity, Demnrrer. ��� �