231 U.S. Cases Disposed of in Vacation. bia. December 15, 1913. Dismissed with costs, pursuant to the tenth rule. Mr. J. H. Ralston for the appellant. Mr. J. J. Darlington for the appellee. No. 587. THOMAS C. PERKINS ET AL., PLAINTIFFS IN ERROR, v. ARTHUR C. Coffin ET AL. In error to the Supreme Court of Errors of the State of Connecticut. January 5, 1914. Dismissed, per stipulation of counsel. Mr. Lucius F. Robinson for the plaintiffs in error. Mr. John R. Buck and Mr. John H. Buck for the defendants in error. No. 778. W. A. GAINES & COMPANY, APPELLANT, v. THE TURNER-LOOKER COMPANY. Appeal from the United States Circuit Court of Appeals for the Sixth Circuit. January 5, 1914. Dismissed with costs, on motion of counsel for the appellant. Mr. Jas. Love Hopkins for the appellant. No appearance for the appellee. CASE DISPOSED OF IN VACATION. No. 25. THE RICHMOND, FREDERICKSBURG & POTOMAC RAILROAD COMPANY, PLAINTIFF IN ERROR, v. THE COMMONWEALTH OF VIRGINIA. In error to the Supreme Court of Appeals of the State of Virginia. July 15, 1913. Dismissed, pursuant to the 28th rule. Mr. A. Caperton Braxton, Mr. John S. Eggleston, Mr. Alexander Pope Humphrey and Mr. William H. White for the plaintiff in error. Mr. Samuel W. Williams for the defendant in error. VOL. CCXXXI-49 INDEX. ABATEMENT AND REVIVAL. ACCOUNTS AND ACCOUNTING. ACTIONS. 1. Right of; who competent to sue; multiplicity of suits. It is not competent for each individual having dealings with a regulated public utility corporation to raise a contest in the courts over questions which can be settled in a general and conclusive manner. (Chicago, M. & St. P. Ry. v. Minnesota, 134 U. S. 418.) In re Engelhard, 646. 2. Abatement of action to enjoin public officer. A suit to enjoin a public officer from enforcing a statute is personal, and in the absence of statutory provision for continuing it against his successor, abates upon his death or retirement from office. (United States v. Boutwell, 17 Wall. 604.) Pullman Co. v. Croom, 571. 3. Abatement and revival; actions which do not abate. The only exceptions recognized to this rule are boards and bodies of quasi-corporate character having continuous existence. (Marshall v. Dye, ante, p. 250.) Ib. 4. Abatement by death, of action to enjoin public officer. Where the only state official, as to whom, an injunction against enforcing a state statute has been applied for under § 266 of the Judicial Code and denied, dies pending the appeal, the action abates and the appeal to this court will be dismissed. Ib. 5. Abatement; stipulation against; vacation of order based on. In such a case an order based upon a stipulation continuing the case against the successor of the deceased defendant must and can be vacated, there having been no final judgment in the case. Ib. 6. Abatement by death of public officer sought to be enjoined; effect of The fact that other officials had been joined as defendants cannot give 7. Continuance; effect of change of personnel of board of public officials. 8. Substitution of parties; application of act of February 8, 1899. 9. Against United States; must rest on contract. A suit against the Government must rest on contract as the Govern- ARMY AND NAVY.-Act of July 5, 1838 (see Claims Against the United CLAIMS AGAINST THE UNITED STATES.-Act of March 3, 1887, 24 Stat. CONSOLIDATION OF CAUSES.-Rev. Stat., § 921 (see Practice and Pro- CORPORATION TAX LAW of August 5, 1909, 36 Stat. 11 (see Corporation CRIMINAL LAW.-Rev. Stat., § 5421; Penal Code, § 29; act of March 3, CUSTOMS LAW.-Act of August 5, 1909, 36 Stat. 11 (see Customs Law, GOVERNMENT CONTRACTS.-Act of August 13, 1894, 28 Stat. 278 (see HOURS OF SERVICE LAW of March 4, 1907, 34 Stat. 1415 (see Hours of Monson v. Simonson, 341. Act of June 21, 1906, 34 Stat. 325 (see INJUNCTION.-Act of June 18, 1910, 36 Stat. 539 (see Jurisdiction, C 4): |