(B) Facts in Issue and Relevant to Issues,
and Res Gestæ.
366 (2) (Pa.) Deceased's declarations that
he was going to meet defendant held admissible.
-Commonwealth v. Palma, 26.
(C) Other Offenses, and Character of Ac-
cused.
377 (Del.Gen.Sess.) Good reputation to be
considered like other facts.-State v. Bacon,
682.
102(2) (Pa.) Change in title and posses-
sion as result of foreclosure constituted evic- (E) Best and Secondary and Demonstra
tion. Herbert v. Northern Trust Co., 471.
Action on general warranty maintainable aft-404 (3) (Pa.) Loaded shell found in de-
er judgment in foreclosure suit.-Id.
103(1) (Pa.) Different use of part of prop-
erty will not cause remaining subservient
property to follow.-Phillips v. Donaldson, 236.
Restrictive covenant not enforced where use-
less on account of changed conditions.-Id.
103 (2) (Pa.) Covenant against noxious
business held violated by proposed garage.-
Phillips v. Donaldson, 236.
fendant's clothing when arrested held admissi-
ble.-Commonwealth v. Du Boise, 461.
Gun to which defendant had access and ram-
rod and rags showing hasty cleaning held ad-
missible-Id.
(F) Admissions, Declarations, and Hear-
406 (6) (R.1.) Record kept by keeper of
house of prostitution admissible against him.
Neighborhood held not to have changed so as
to prevent enforcement of restrictive covenant-State v. Pesce, 899.
against garage.-Id.
413(1) (N.J.) Question to elicit self-serv-
ing statement made by defendant properly
overruled.-State v. Dichter, 413.
119 (Pa.) Records of suits in other state
admissible in action for breach of covenant of
warranty.-Herbert v. Northern Trust Co., 471.528 (Pa.) Jointly indicted defendants not
objecting to joint trial cannot object to ad-
mission of confessions of each other.-Com-
monwealth v. Hudson, 434.
130 (4) (Pa.) Warrantee of title can
cover after eviction what he has lost, not ex-
ceeding price paid by him.-Herbert v. North-
ern Trust Co., 471.
130(5) (Pa.) Damages for breach of gen-
eral warranty could not exceed relative value
of each lot.-Herbert v. Northern Trust Co.,
CRIMINAL CONVERSATION.
See Husband and Wife, 333-335.
(M) Weight and Sufficiency.
553 (Del.Gen.Sess.) Jury should reconcile
conflict, but should accept testimony that is
most credible.-State v. Ellis, 172.
561(1) (Del.Gen.Sess.) Defendant presum-
ed innocent until proved guilty beyond "rea-
sonable doubt."-State v. Ellis, 172.
561(1) (Del.Gen.Sess.) Each element of
offense to be proved beyond reasonable doubt.
-State v. Bacon, 682.
XI. TIME OF TRIAL AND CONTIN-
UANCE.
See Adultery; Assault and Battery, 96; Es-
cape; Homicide; Grand Jury; Indictment and
Information; Insurrection; Larceny; Receiv-590(2) (N.J.) Lack of preparation of new
ing Stolen Goods.
counsel not ground for continuance.-State v.
Grossman, 892.
II. CAPACITY TO COMMIT AND RE-
SPONSIBILITY FOR CRIME.
46 (N.J.) Mental deficiency as test of re-
sponsibility of adult charged with crime stat-
ed.-State v. Schilling, 400.
55 (Del.Gen.Sess.) Essentials for drunken-
ness to be a defense stated.-State v. Bacon,
IV. JURISDICTION.
84(3) (Del.Gen.Sess.) Punishment of in-
habitant for foreign bigamous marriage valid.
-State v. Bacon, 682.
(D) Objections to Evidence, Motions to
Strike Out, and Exceptions.
696(6) (R.I.) Motion should be made at
once to strike out answer made before objec-
tion or in disregard thereof.-State v. Pesce,
899.
(F) Province of Court and Jury in Gen-
eral.
739 (1) (N.J.) Person 28 years old, setting
up deficiency of intellect as a defense has bur-
den of proof.-State v. Schilling, 400.
VII. FORMER JEOPARDY.
751 (Pa.) Refusal of defendant's request
187 (N.J.Sup.) Penalty imposed by record- to withdraw juror on account of improper re-
er for violation of Motor Vehicle Act not judg-mark of commonwealth's counsel held proper.-
ment of criminal court within plea of autrefois Commonwealth v. Pava, 103.
convict.-State v. Albertalli, 724.
7552 (N.J.) Court may comment on evi-
dence. State v. Dichter, 413.
756 (N.J.) Instructions as to contentions
of state held not erroneous as commenting on
evidence.--State v. Schilling. 400.
757 (4), (Pa.) Where witness was shown to
have been indicted, court's reference to evidence
against him as insufficient held not error.-
Commonwealth v. Palma, 26.
762(5) (Pa.) Instruction on motive held
not objectionable as showing court's opinion as
to defendant's guilt.-Commonwealth v. Palma,
and 26.
763, 764 (9) (Pa.) Instruction held to take
question of degree from jury.-Commonwealth
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
(G) Necessity, Requisites, and Sufficiency | 1662 (7) (N.J.) Improper allowance of
challenge harmless; peremptory challenges not
781 (2) (N.J.) Admission of counsel that exhausted.-State v. Langhans, 191.
goods were stolen held sufficient to justify in- 1167(4) (N.J.) Making more specific de-
struction to that effect.-State v. Dichter, 413. scription of disorderly house held harmless,
787(1) (N.J.) Instruction as to defendant's where amendment not needed.—State v. Gross-
failure to deny material facts held not error.-
man, 892.
State v. Schilling, 400.
807(1) (N.J.) Court may use argumenta-
tive language.-State v. Dichter, 413.
810 (N.J.Sup.) Conflicting instructions con-
stitute error.-State v. Albertalli, 724.
(H) Requests for Instructions.
824(1) (N.J.) Failure to give instructions
not error in absence of request.-State v. Dich-
ter, 413.
824 (3) (Pa.) Instruction to determine de-
gree should be given without request.-Com-
monwealth v. Ferko, 38.
825(4) (Pa.) Instructions not objectionable
as emphasizing commonwealth's evidence where
defendants did not request further instruction.-
Commonwealth v. Palma, 26.
825 (4) (Pa.) Defendant cannot complain
of court's error in referring to testimony, where
counsel did not ask corrections.-Common-
wealth v. Pava, 103.
829(1) (N.J.) Requests covered by in-
structions given are properly refused.-State
v. Schilling, 400.
829(18) (N.J.) Instruction as to reason-
able doubt held properly refused when fully
covered.-State v. Schilling, 400.
XIII. MOTIONS FOR NEW TRIAL
AND IN ARREST.
958 (3) (R.l.) New trial not granted for
new evidence where no affidavit as to diligence.
-State v. Pesce, 899.
XV. APPEAL AND ERROR, AND
CERTIORARI.
(B) Presentation and Reservation in Low-
er Court of Grounds of Review.
1032(6) (N.J.) Defendant cannot raise
question as to indictment, where tried on in-
dictment charging several separate offenses
without objection.-State v. Dichter, 413.
1169(12) (Pa.) Permitting witness to testi-
fy to admission by defendant through interpret-
er harmless.-Commonwealth v. Pava, 103.
CUSTOMS AND USAGES.
12(1) (Me.) Custom changing contractual
relation must be known.-Dulac v. Dumbarton
Woolen Mills. 710.
12(1) (Md.) Custom not binding on person
not knowing of same.-Mercantile Trust & De-
posit Co. v. Rode, 574.
15(1) (Md.) Evidence of custom inadmissi-
ble concerning unambiguous contract of sale.-
Mercantile Trust & Deposit Co. v Rode, 574.
II. NOMINAL DAMAGES.
12 (R.I.) Where evidence insufficient to
show actual damages, only nominal damages
recoverable.-Weaver v. Miner, 425.
III. GROUNDS AND SUBJECTS OF
COMPENSATORY DAMAGES.
(A) Direct ог Remote, Contingent, or
Prospective Consequences or Losses.
38 (Pa.) Amount paid others for work
which plaintiff cannot do because of injury is
recoverable.-Robb v. Niles-Bement-Pond Co.,
43 (N.J.) Person injured entitled to rea-
459.
sonable future outlay necessary for cure.-Work
v. Philadelphia Supply Co., 185.
52 (Pa.) No recovery for injuries from
fright or nervous shock alone.-Howarth v.
Adams Express Co., 536.
(C) Interest, Costs, and Expenses of Liti-
gation.
69 (Pa.) Damages recoverable for deten-
tion of recoverable sum.-Conover v. Bloom,
752.
1063 (4) (Me.) Motion to set aside verdict
as against evidence should have been present-erable sums not allowed in personal injury ac-
Compensation for undue detention of recov-
ed to nisi prius justice.-State v. Farnham,
258.
(C) Proceedings for Transfer of Cause,
and Effect Thereof.
1075 (Conn.) Appellant liable for printing 76 (Pa.) Clause of building contract, pro-
of evidence on appeal on denial of new trial.viding $50 per day liquidated damages, not a
State v. Klein, 524.
penalty.-Wells v. City of Philadelphia, 867.
85 (Pa.) Waiver of delay as defense not
necessarily waiver of liquidated damages for de-
lay.-Wells v. City of Philadelphia, 867.
VII. INADEQUATE AND EXCESSIVE
1077 (Conn.) Statute requiring defendant
to pay expense of appeal inapplicable where de-
fendant unable to pay expenses.-State v.
Klein, 524.
Orders for transcript and printing at expense
of state not made as of course.-Id.
1134(7) (Pa.) Supreme Court can review
on certiorari jurisdictional questions of lower
courts and constitutional rights of parties.-
City of Duquesne v. Fincke, 130.
1147 (Conn.) Discretion of trial court re-
viewable.-State v. Klein, 524.
132(7) (Conn.) $16,000 not excessive for
fracture of pelvis and shortening of leg.-Bald-
win v. City of Norwalk, 660.
VIII. PLEADING, EVIDENCE, AND
ASSESSMENT.
(B) Evidence.
163(1) (R.l.) Testimony must afford basis
for reasonable computation.--Weaver v. Min-
er, 425.
173(1) (Pa.) Profits of business ordinarily
not evidence to prove damages in personal in-
jury.-Muncey v. Pulman Taxi Service Co., 30.
185(1)(Pa.) Physical injury to warrant
recovery for fright need not as matter of law,
be externally visible.-Howarth v. Adams Ex-
press Co., 536.
1149 (N.J.) Method for obtaining review of
motion to quash indictment.-State v. Gross-186 (Pa.) Evidence of employment of ad-
ery for loss of future earnings.-Robb v. Niles-
Bement-Pond Co., 459.
(C) Proceedings for Assessment.
208 (6) (Pa.) Actual physical injury war-
ranting recovery for fright held for jury.-
Howarth v. Adams Express Co., 536.
DESCENT AND DISTRIBUTION.
See Executors and Administrators; Wills.
I. NATURE AND COURSE IN GEN-
ERAL.
6 (N.J.Ch.) Statute going into effect after
death inapplicable.-Stetson v. Kinch, 847.
II. PERSONS ENTITLED AND THEIR
RESPECTIVE SHARES.
210(4) (Pa.) Instruction permitting com-
pensation for undue detention of recoverable
sum held prejudicial.-Conover v. Bloom, 752.
(D) Computation and Amount, Double and
Treble Damages, and Remission.
225 (Pa.) Compensation for undue deten-43
tion of recoverable sums not allowed in per-
sonal injury action as damages assessed as of
date of trial.-Conover v. Bloom, 752.
I. EVIDENCE OF DEATH AND OF
SURVIVORSHIP.
2(1) (Pa.) Seven years' absence raises
presumption of death.-Roblin v. Supreme Tent
of Knights of Maccabees of the World, 70.
II. ACTIONS FOR CAUSING DEATH.
(A) Right of Action and Defenses.
32 (N.H.) Cause of action survives only
for beneficiaries named in statute.-Hinman v.
Director General of Railroads, 382.
(D) Pleading and Evidence.
(A) Heirs and Next of Kin.
(N.J.Ch.) Nearest of kin held to take
pro rata and their descendants per stirpes.-
Stetson v. Kinch, 847.
47 (3) (Pa.) Child takes under will execut-
ed before his birth.-In re Baum's Estate, 141.
III. RIGHTS AND LIABILITIES OF
HEIRS AND DISTRIBUTEES.
(A) Nature and Establishment of Rights
in General.
69 (Pa.) Gifts made by husband not fraud
upon widow.-Benkart v. Commonwealth Trust
Co. of Pittsburgh, 62.
cedent was a debt or an advancement a ques-
98 (Pa.) Whether money furnished by de-
tion of intention. In re Brahm's Estate, 21.
115 (Pa.) Expectation of repayment_tends
to rebut reference of advancement.-In re
Brahm's Estate, 21.
treated payments to
Brahm's Estate, 21.
49(1) (N.H.) Plaintiff administrator need 117 (Pa.) Evidence held to show decedent
not allege intestate left heirs surviving him.
Hinman v. Director General of Railroads, 382.
64 (N.H.) Evidence of increase in business
admissible.-Capelle v. Trober, 798.
II. OPERATION AND EFFECT.
3 (Del.Gen.Sess.) Revocation of license
held justified for deceiving state's witness.-In
re Vitelli, 681.
DISMISSAL AND NONSUIT.
See Appeal and Error, 781; Equity,
362; Trial, 159–165.
II. INVOLUNTARY.
60(1) (Vt.) Dismissal for want of prose-
Sav. Bank & Trust Co. v. Hammett, 360.
cution is within court's discretion.-Capital
61 (3) (Vt.) Refusal to dismiss case after
delay of five years held not an abuse of discre-
mett, 360.
53 (N.J.Sup.) On dedication of highway, tion. Capital Sav. Bank & Trust Co. v. Ham-
right of public user alone passes.-Tweddell v.
Village of South Orange, 511.
III. CONSTRUCTION AND OPERA-
(A) General Rules of Construction.
100 (Pa.) Deed should be interpreted in
light of its apparent object.-Rabinowitz v.
Rosen, 762.
73 (Pa.) Motion for nonsuit based on rec-
ord as made.-Buehler v. U. S. Fashion Plate
Co., 632.
73 (Vt.) Motion to dismiss is confined to
record.-Capital Sav. Bank & Trust Co. v.
Hammett, 360.
27(2) (N.H.) Slap not necessarily extreme
cruelty.-Johnson v. Johnson, 399.
27(18) (N.H.) Frequent disagreement does
not conclusively show extreme cruelty.-John-
son v. Johnson, 399.
IV. PLEADING AND EVIDENCE.
196(2) (Pa.) Conveyance of greater part to live with his mother held guilty of construct-
37(8) (N.J.Ch.) Husband compelling wife
of grantor's estate to confidential adviser with-ive desertion.-Kennedy v. Kennedy, 492.
out consideration is constructively fraudulent.37 (18) (N.J.Ch.) Continuity of desertion
- Corrigan v. Conway, 466.
Conveyance to confidential adviser held con-
structively fraudulent.-Id.
13 (Pa.) Bond held valid notwithstanding
variance between designation of obligee and
name of bank account secured.-Donaldson v.
Hartford Accident & Indemnity Co., 562.
Liable on new bond notwithstanding refusal
to sign after having received consideration by
surrender of old bond.-Id.
not interrupted because defendant was drafted
into the army.-Margulies v. Margulies, 484.
37 (22) (Md.) Facts held not to show suffi-
cient provocation to justify_desertion by hus-
band.-German v. German, 789.
IV. JURISDICTION, PROCEEDINGS,
AND RELIEF.
(A) Jurisdiction, Venue, and Limitations.
62(6) (Vt.) Domicile essental to jurisdic-
tion involves intention to remain.-Taylor v.
Taylor, 355.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
109 (Md.) Presumption of innocence_ob-
tains against charge involving turpitude.-Ger-
man v. German, 789.
109 (N.J.) Presumption that healthy
spouses had sexual intercourse can be over-
come only by strong evidence.-Stieglitz v.
Stieglitz, 310.
127(3) (N.J.) Admissions and testimony of
a party must be corroborated.-Stieglitz v.
Stieglitz, 310.
127(4) (N.J.) Proof held not corroborative
of husband's testimony of nonintercourse.-
Stieglitz v. Stieglitz, 310.
127(4) (N.J.Ch.) Corroboration of peti-
tioner may be by surrounding circumstances
adequately established.-Meek v. Meek, 409.
Petitioner's testimony as to defendant's hand-
writing sufficient proof where corroborated.
-Id.
129(1) (Md.) Evidence must affirmatively
establish intercourse charged as adultery.-Ger-
man v. German, 789.
Presumption of innocence of charge involv-
ing turpitude prevails in suit for divorce for
adultery.-Id.
I. RIGHT OF ACTION AND DE-
17 (N.J.) Plaintiff cannot recover if right
to possession is in stranger.-City Trust Co. of
Newark v. Cohen, 852,
I. RIGHT OF SUFFRAGE AND REGU-
LATION THEREOF IN GENERAL.
7 (R.1.) Constitution liberally construed,
when passing on right to vote.-Rice v. Board
of Aldermen of City of Woonsocket, 523.
10 (R.1.) Election laws liberally constru-
ed, when passing on right to vote.-Rice v.
Board of Aldermen of City of Woonsocket, 523.
IV. QUALIFICATIONS OF VOTERS.
80 (R.1.) Estate of curtesy initiate may
qualify husband as elector, though wife also
qualified by same property; "real estate."-Rice
v. Board of Aldermen of City of Woonsocket,
175.
VI. NOMINATIONS AND PRIMARY
129 (7) (Md.) Private detectives are in-
terested witnesses.-German v. German, 789.
129(16) (Md.) Evidence held not to estab-120 (R.I.) Jamestown Caucus Law consti-
lish wife's infidelity.-German v. German, 789. tutional: "election."-In re Jamestown Caucus
135 (N.H.) Evidence held to justify finding Law, 900.
of condonation.-Johnson v. Johnson, 399.
(F) Judgment or Decree.
168 (Pa.) Decree not subject to collateral
attack because court fixed too early a return
day. In re McDonald's Estate, 98.
184(1) (N.H.) Denial of divorce not set
aside if supported by evidence upon any legi-
timate theory.-Johnson v. Johnson, 399.
184(10) (Vt.) Failure to find domicile of
plaintiff not error unless conclusively shown.-
Taylor v. Taylor, 355.
V. ALIMONY, ALLOWANCES, AND
DISPOSITION OF PROPERTY.
Jamestown Caucus Law not retroactive in
particular provision.-Id.
125 (R.1.) Town clerk of Jamestown un-
der caucus law must compute 26 months period
in preparing voting lists.-In re Jamestown
Caucus Law, 900.
126(7) (Pa.) Return board or court on ap-
peal cannot reject votes of district for irregu-
larities. In re Republican Nomination for Of-
fice of Congressman in Twenty-Eighth Con-
gressional Dist., 74.
154 (7) (Pa.) Jurisdiction of court in re-
count proceeding may be inquired into by cer-
tiorari.-In re Republican Nomination for Of-
fice of Congressman in Twenty-Eighth Congres-
sional Dist., 74.
247 (N.J.Ch.) Second marriage of divorced14(1) (Pa.) Seller not insurer, but must
wife does not terminate alimony.-Warren v.
do all that human care, etc., can suggest to
Warren, 729.
256 (N.J.Ch.) Alimony held a lien on hus- protect patrons.-Lynch v. Meyersdale Electric
band's lands and the proceeds thereof when Light, Heat & Power Co., 58.
paid into court.-Warren v. Warren, 729.
277 (N.J.Ch.) Wife petitioning to enforce
lien for alimony against proceeds of husband's
land not barred by laches.-Warren v. Warren,
II. INCHOATE INTEREST.
(B) Bar, Release, or Forfeiture.
44 (Pa.) Conveyance without express res-
ervation would have passed grantor's entire es-
tate.-Miller v. Griffith, 52.
18(1) (N.H.) One who was injured in at-
tempting to cut fallen wires of a power com-
State Gas & Electric Co., 397.
pany held an intermeddler.-Croteau v. Twin
19(3) (Pa.) Injury creates presumption
that electric light company has disregarded
Heat & Power Co., 58.
duty.-Lynch Meyersdale Electric Light,
19(4) (Pa.) Evidence of shocks received
through other transformers relevant, though it
might subsequently prove insufficient.-Lynch v.
Meyersdale Electric Light, Heat & Power Co.,
58.
Evidence of similar accidents held admissible.
-Id.
19(5) (Pa.) In action for death evidence
held sufficient to support verdict.-Lynch v.
Meyersdale Electric Light, Heat & Power Co.,
19(13) (Pa.) Under instructions verdict
for plaintiff held finding that appliances owned
by decedent did not contribute to death.-
Lynch v. Meyersdale Electric Light, Heat &
Power Co., 58.
EMINENT DOMAIN.
49(1) (N.J.Ch.) Lost by joining in deed to I. NATURE, EXTENT, AND DELEGA-
prefer husband's creditor.-Eschmann v. Lord,
488.
9 (Vt.) City relying on implied power has
burden to establish it.-Vermont Hydro-Elec-
tric Corporation v. Dunn, 223.
before the courts like a private corporation. [ Statute leaves to commissioners whether to
-Id.
allow interest on award in condemnation pro-
Same rules apply whether grantee of power ceeding.--Id.
is private or municipal corporation.-Id.
47(1) (Vt.) Property already appropriat-
ed cannot be taken for other use without leg-
islative authority.-Vermont
Corporation v. Dunn, 223.
Property may have been appropriated to
"public use" without actual putting to such 273 (Md.) Injunction against maintenance
use.-Id.
IV. REMEDIES OF OWNERS
PROPERTY.
Hydro-Electric 270 (Pa.) On condemnation title passes,
Property devoted to public use by owner im- McGunnegle v. Pittsburgh & L. E. R. Co., 553.
and owner is confined to remedy on bond.-
mune from condemnation under general author-271 (Pa.) Right to damage substituted for
ity.-Id.
P. Ry. Co., 101.
right to use of land.-Pattison v. Buffalo, R. &
Rule as to exemption from further condemna-
tion of property devoted to "public use" stated.
-Id.
Showing necessary that property sought to
be condemned was devoted to public use.-Id.
Complaint held to make prima facie showing
of exemption of water rights from condemna-
tion.-Id.
Power to condemn inferred when land sought
is only land available for work authorized.-Id.
It is presumed that land devoted to public
use is not to be condemned.-Id.
47(7) (Vt.) City cannot condemn water
rights of power company.-Vermont Hydro-
Electric Corporation v. Dunn, 223.
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(B) Taking or Injuring Property as
Ground for Compensation.
85 (Pa.) Private right of way by dedica-
tion held revived by vacation of street by
city-Donnelly v. Public Service Commission
of Pennsylvania, 160.
100(6) (Pa.) Railroad purchasing canal
bed held not authorized to close streets.-Don-
nelly v. Public Service Commission of Penn-
sylvania, 160.
Abutting owner held entitled to damages for
vacation of street for railroad elevation.-Id.
Right to recover for vacation of street does
not exist in absence of fundamental or statute
law.-Id.
(C) Measure and Amount.
148 (Pa.) Interest recoverable at legal rate
from date of appropriation for delayed payment.
-Pennsylvania Co. for Insurances on Lives and
Granting Annuities v. City of Philadelphia, 76.
(D) Persons Entitled and Payment.
153 (N.J.) Person acquiring land not limit-
ed to recovery of damage done subsequently to
time of acquisition.-Case v. Town of Boonton,
882.
III. PROCEEDINGS TO TAKE PROP-
ERTY AND ASSESS COM-
PENSATION.
202 (4) (Pa.) Striking evidence of fitness
of property for hotel purposes held error.--
Pennsylvania Co. for Insurances on Lives and
Granting Annuities v. City of Philadelphia, 76.
222(5) (Pa.) Instruction charging jury to
use common sense in awarding damages held
proper.-Leaf v. Pennsylvania Co., 243.
246(4) (Pa.) Lands condemned cannot be
abandoned.-McGunnegle v. Pittsburgh & L. E.
R. Co., 553.
247(1) (Vt.) Statute giving interest
award should control.-Essex Storage Electric
properly refused.-Symington v. Hines, 818.
of railroad siding pending appeal involving title
283 (Pa.) Owner must submit whole claim
Gunnegle v. Pittsburgh & L. E. R. Co., 553.
of damages in the original_proceeding.-Mc-
sation conclusive against plaintiff's claim for
In eminent domain judgment for compen-
damages.-Id.
delay in payment in absence of proof excusing
295 (Pa.) Owner entitled to damages for
delay.-Pattison v. Buffalo, R. & P. Ry. Co.,
101.
Landowner who did not refuse to
amount, etc., entitled to damages for delay in
payment.-Id.
302 (Pa.) Owner continuing in use of land
cannot recover full damages for delay in pay-
ment.-Pattison v. Buffalo, R. & P. Ry. Co.,
101.
ordinary interest on amount during period.-
Compensation for delay in paying damage is
IV. PLEADING.
(E) Demurrer, Exceptions, and Motions.
219 (Del.Ch.) When laches plain from
facts alleged, it may be set up by demurrer.-
Commissioners of Lewes v. Breakwater Fish-
|