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Person prosecuted for selling liquor without license can

not defend by showing that it was sold by his wife in a

part of the house used by her as a store, 35.
Construction of Ohio law as to sale of liquors to minors,

Liability of husband for sale by wife, 198.
Evidence of use of premises for illegal sales, 198.
Merchant's license does not authorize sale in quantities

less than a gallon (Mass.), 256.
In indictment for illegal sales, time not material, 277.
Defendant may show that article sold by him was not in.

toxicating, 376.
Information for selling liquors; separate offenses, 437.



The origin of, 310.

Party acting by by advice of counsel, rebuts presump-

tion of malice and want of probable cause, 358.
Court will not grant writ of, where there is no way of

enforcing obedience to it, 236.

Partial loss; measure of loss where owner repairs; 80-

ing and laboring clause, 96.
Question of seaworthiness of vessel is for jury, 433.


Intermarriage of whites and negroes in Texas, 1.
Domicil as affecting contract of, 1.
Marriage procured by fraud voidable only at election of

party defranded. Tompperts Exrs. v. Tomppert, 66.
Party committing the fraud is bound at the election of

the party defrauded. Ibid.
Right to avoid a marriage is personal, and, if not taken

advantage of by a party in his life time, can not be

exercised by his executors or devisees. Ibid.
Action may be maintained in Indiana for breach of

promise of marriage independent of the statute, 97.
Promise to marry need not be in writing, 97.
The action for breach of promise of marriage, and its

proposed abolition in England, 200.
Breach of promise of marriage under the civil law, 280.


(See also NEGLIGENCE.)
Willful acts of servants; articles by Levant Brown, Esq.,

251, 483.
Willful acts of servants; article by C. H. Barrows, Esq.,

Effect of dismissal of servant before expiration of time



Mobilia sequuntur personam, 119.

Purchase under execution issued upon mechanic's lien;

refusal of owner to allow premises to be removed

measure of damages, 174.
Misdescription of premises in petition to enforce, 238.
Covenant in building contract, that builder is to keep the

building free from mechanics' liens, not broken by the
creation of such a lien, due to default of the owner, and

if he is indebted to builder, 356.
Notice of, should state that credit has been given, 398.
Lien holder taking notes, lien is lost, 398.

Sub-contractor cannot make original contractor a party

after expiration of time for filing lien, 415.
Good only for materials which actually enter into build-

ing, 434
Though it does not lie against public school building,

trustees may contract therefor, 458.

Liability of, for giving false information, 340.

Liability for acts committed under. 173.

Bill to reform partnership agreement on ground of, 317.

Of Personalty.
Mortgagee of chattels does not become absolute owner on

breach of conditions, 155.
In replevin against mortgagee of chattels who has seized

them for non-payment, mortgagor may show that notes

secured were usurious, 155.
Mortgage of property noi in existence, when valid, 197.
Chattel mortgage and written agreement to govern the

same subject-matter between the parties executed
contemporaneously must be treated as one contract.

Blakeslee v. Morgan, 289.
Chattel mortgage permitting the mortgagor to remain in

possession, and to sell and apply the proceeds, or any
part of them to his own use, fraudulent and void as

against creditors. Ibid,.
Mortgage of chattels, mortgagor remaining in possession,

void, 336.
Insuficiency of execution of chattel mortgage, 357.
Mortgage executed on rolling stock, engines, cars, etc.,

of railroad is a chattel mortgage, 381.
Requisites of affidavit to chattel mortgage under Ohio

statute, 436.
Assignee of chattel mortgage given without considera-

tion has no rights superior to mortgagee, 498.
Of Realty.
Effect of agreement by grantor in deed of trust made af.

ter execution of deed, as to easement, 38.
One taking a mortgage to secure a pre-existing debt,

the time of paymen not been extended and no securi.
ties being surrendered, cannot set it up as against par.

ties having prior equities, 58.
A mortgagee must include all his notes in one foreclos.

ure suit, otherwise a subsequent action to foreclose

will be barred, 78.
Lien of mortgage on property redeemed from sale, 97.
Construction of an assignment of, 116.
Statutory foreclosure of mortgage under power of sale;

notice of sale; misnomer, 155.
Mortgage not to be restricted to premises described in

deed referred to for description, it instrument contains
another clear description embracing more than is de-

scribed in deed referred to, 297.
Trustee process in Massachusetts; attachment of mort.

gaged property, 356.
Assumption of mortgage debt; grantee not liable at law

to mortgagee, 397.
Power of court to restore mortgage lien discharged

through mistake: rights of subsequent lienors. French

V. Stone, 405.
Mortgage lien not an "estate or interest in land" within

Minnesota statute, 411.
When courts will enquire into party's motive in making

purchase. Edwards v. Allonez Mining Co., 188.
Ordinance of city authorizing issue of bonds to gas

works provided company should guarantee their pay.
ment; guaranty embraced both principal and interest

and protected both city and bondholder. 133.
Where to a municipal bond which has several years to

run, an overdue and unpaid coupon for interest is at.
tached, that fact does not render the bond and the
subsequently maturing coupons dishonored paper, 80
as to subject them, in the hands of a purchaser for
value, to defenses good against the original holder.

Cromwell v. County of Sac, with note, 209.
Municipal bonds payable to bearer are negotiable in.

struments, and subject to the same rules as other ne-

gotiable paper. Ibid,
Missouri act of March 21, 1868, as to, constitutional, 294.
The Supreme Court of the United States having held the
“ Township Railroad Act” of Missouri constitutional,
(Cass Co. v. Johnson, 5 Cent. L. J. 506), it is the duty of
the circuit court to follow that judgment, notwith.
standing the later decision of the Supreme Court of
Missouri in The State v. Brassfield. Foote v. Johnson
Co., 345.

Where negotiable commercial securities are issued and

negotiated before there is any decision by the courts of
the state against the validity of the act authorizing
their issue, the Supreme Court of the United States
does not consider itself bound to follow a subsequent
decision of the local courts invalidating such securi.
ties, but will decide for itself whether, under the con-
stitution and laws of the state, such securities are

valid or void. Ibid.

[See, also, NEGLIGENCE.)
Licensing exhibition of wild animals on street liable to

owner of horses frightened for damages caused, 35.
No recovery can be had on a quantum meruit by a con-

tractor against, 56.
Liability for flooding caused by street improvements, 75,
City not bound by acts of agent in ordering work be-

yond the terms of its contract with the contractor, 96.
Duty of, as to construction of bridges, 97.
Effect of city charter on general law, 116.
Public right to use a horse railroad track in the streets of

a city for vehicles, does not authorize transportation

company to use it in competition with the railroad, 139.
Power to appropriate to particular uses land acquired

by dedication, i39.
Nature of the use of streets for gas pipes, 176.
Power of cities under the constitution of Illinois to con-

tract indebtedness. Law v. The People, 248.
City of Chicago has no power to provide a fund, by the

levy of a tax, to entertain official visitors to the city.

Liability of, for treble damages (Mo.), 294.
The City of St. Louis gas suit, 332,

Liability of, for injury from surface water on streets, 414.


A native of China of the Mongolian race is not entitled

to become a citizen of the United States under the Re.

vised Statutes as amended in 1875. In re, Ah Yup, 387.
A Mongolian is not a " white person” within the mean.

ing of the term, as used in the naturalization laws of

the United States. Ibid.

Contributory Negligence.
Party riding on pilot engine guilty of, and cannot recover

for injury received while there. Balt. & Pot. R. R. v.

Jones, 45.
General rule as to, in Illinois, 97.
Neglect of engineer of train to sound whistle does not

excuse neglect of party crossing track to take precau-

tions. C. Ř. I. & P. R. R. v. Houston, 132; same, 175.
In party driving too near the edge of a defective high-

way, 138.
Failure of woman to hold on to straps in street car not,

Not negligence per se to expose elbow from window of

Negligence in leaving glass exposed on the lower floor of

a building when workmen are employed overhead, 256.
Negligence in crossing street, 317.
Landowner leaving abandoned tank open on his land not
liable to owner of trespassing cattle which fall therein

and are drowned, 338.
One whose dog trespasses on another's land and kills

domestic animal liable, 359.
Collateral securities; negligence of holder in cot collect-

ing when due, 417.
Lessee bound by lease to keep up fences not liable for

injury to cow caused by its swallowing wire from de.

tective fence, 421.
Negligence in leaving blanks in promissory note, 434.
Master and Servant.
Injury to servant through incompetence of fellow-serv.

ant; insufficiency of the number of servants employed;

use of dangerous machinery, 16.
Servant knowing dangerous character of his work and

continuing in the employment, presumed to have as.

sumed the extra risk, 19.
Not error to refuse to instruct that " if the servant had,

in the course of his employment, sufficient opportu-
nity to know the general position of the dangerous ob-
ject, he was charged with knowledge of its dangerous

character." Ib.
Laborer employed by railroad company to baild cul.

vert and superintendent in charge of the work, not
fellow-servants, and company liable for injury to

former caused by negligence of latter, 60.
General rule as to liability of master for injury to serv.

ant, 117.
Where master employs competent men to take charge of

the erection of a building, he is not liable if a fellow.
workian, not under his superintendance, select a de-
fective put-log, by the breaking of which plaintiff was
injured, 255; same rule 298.
The terms “fellow-workman" and "fellow-servant,"

discussed, 280.
Liability of master to servant; defective appliances, 275.

Independent employment; master not liable, 401.
Municipal Corporations.

Liable for flooding caused by street improvements, 75.
Not liable for injuries caused by the negligence of fire-

men, when, 120.
Liable for willful negligence of policemen in making

arrests on charge of felony, 12.
Contractor and not city liable for negligence of employee

in building sewer, 354.
Liability of municipal corporations to owners of prop.

erty destroyed by fire. Tainler v. City of Worcester,

County not liable for negligence in repairing county

road, 434.
Railroad Companies.
The Liability of Railroad Companies in Missouri tor Kill-

ing Slock. Articles by Hon. H. S. Kelly, 23, 43.
Contract relieving railroad from claims for damage to

stock, from whatever cause arising," does not re-
lease it from liability for loss resulting from the negli-

gence of its servants, 56.
Oil train thrown from track by landslide, negligence of

company not proximate cause of the destruction of
plaintifr's house several hundred feet distant from

burning oil which floated down the stream, 95.
Neglect to sound whistle does not excuse neglect of

party to take precautions. C. R. I. & P. R. R. y. Hous-

ton, 132.
In action for killing stock, previous demand necessary

(Kas.), 157, 357.
Killing stock; evidence of comparative value of animal

killed inadmissible, 157.
Liability of, for injury to person traveling on free pass.

Grand Trunk K. R. v. Stevens, 207.
Liabilty of, for killing estrays, 237.
Construction of Missouri statutes as to killing stock,

street car, 335.
In a crowded city where there are many tracks the same

increased care is required of the public as of the com-

pany. Harlan v. St. L., K. C. & N. R. R., 229.
Duty of court to determine as matter of law, the effect of

contributory negligence of plaintiff. Ibid.
Party acting under the direction of company's servant

not guilty of, 236.
Riding in caboose car not contributory negligence, 401.
The negligence of the driver of a private carriage will

prevent a recovery by an injured passenger. Prideaux

v. City of Mineral Point, 428.
Land owner permitting partition fence to remain out of

repair,whereby his stock are injured by railroad, guilty

of, 436.
Duties of pedestrians in streets of cities, 458.
In general.
Liability of owner of dangerous animals; that plaintiff

was uplawfully on defendant's land will not defeat

action, 157.
Action against sheriff for negligence in suffering process

to be altered, 217.
Liability of safe deposit company for loss of bonds de.

posited with it, 221.
No recovery can be had for accident caused by the acci.

dental breaking of a tool in the hands of another, 256.

Not liable for injury caused by unauthorized running of

engine by yard-master, 294.
Under section 1289, of the Iowa Code, a railway com.

pany is absolutely liable for all damages by fire set out
or caused by operating its road, without regard to the

question of negligence. Small v C. R. I. & P. R. R. 310.
Criticism of this ruling, 341.
In an action for loss of elevator burned by fire caused

by the locomotive of the defendant communicating
sparks to another elevator near its track, from whence
the fire spread to the plaintiff's building: Held, that
the fire from the defendant's locomotive was the prox.
imate cause of the loss. Ibid.

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Where child of two years old was walking on the track

Memorandum on note 25,000 F. & L. R. R. bonds as colla-

teral" not notice to plaintiff of agreement between prin.
cipal and surety that he would pledge the bonds named
as security for ihe note, 356.
When days of grace are not allowed upon a negotiable

promissory note (as in Alabama in some cases), the
day of maturity is the only proper day for presentment

and demand in order to charge indorsers, 478.
Where the maker of a negotiable note is dead, note
should be presented at maturity to his administrator,

Have receivers' certificates all the attributes of, Query,

359, answer, 399.


Meaning of“ mailed" in notary's certificate. 285.

Purchaser who examined a house and lot before making

the purchase, and who found an alley way open and in
use, presumed to have notice of the reservation of the
use of the alley way in the conveyance to his vendor.

Burton v. Shotwell, 31.
Person renting house to be used as a bawdy house or al-

lowing it to be so used, liable for damages caused to
adjoining owners by depreciation of property. Givens
v. Van Studdiford, 6.
Failure of railroad companies to give signals at cross-

ings an indictable, L, & N. R. R. Co. v. Com., 86.
English act authorizing a railway company to construct

and work their line does not authorize them to commit
acts which would, in the case of a private individual,

constitute a nuisance, 95.
Construction of Massachusetts statute as to bawdy

houses ,115; of Missouri statute, 317.
One, who by an artificial erection on his own land, causes

water, even though only arising from natural rain-fall,
to pass into his neighbor's land, is liable to an action
at ihe suit of the person so injured. Hurdman v. N.

E. R. R., 367.
In prosecution for, words constituting the offense must

be set out in the indictment; the Bradlaugh case, 202.
The postal law as to obscene publications construed, 300;

comments on, 339.
On indictment for, defendant cannot plead that the pub.

lic had abandoned the casement by non-user, unless

such non-user had continued for twenty years, 96.
An offer to sell by a written proposition may be with:
drawn at any time before it is fully accepted by all

those to whom it is made, 31.
Erasure by one of several acceptors of his name without

consent of others does not affect the contract, 31.

County auditor's fees in Indiana, 117.
Liability of sheriff for neglect in selling land at judicial

sale, 115.
The law as to peculation by public officers and their

subordinates, 180.
The conclusiveness of official returns, 201, 278.
Contradicting sheriff's return can only be done in direct

proceeding against sheriff, 216.
Action against sheriff for negligence in permitting alter-

ation of process, 217.
Domestic judgments; impeachment of service of sum.

mons and officer's return. Mastin v. Duncan, 328.
Actions against officers of election, 340.
Responsibility of clerk of court for approval of stay

bond, 375.
Fees of clerks of court in Missouri under constitution of

1865, 397.
County in Iowa not liable under sec. 536 of Code for ser.

vice of city marshal, 415.
Duty of Master in Chancery in reporting evidence to

court, 435.
Annual reports of the coroner of the city of Chicago, 440.

Construction of constable's bond, 18.
Action on official bond of coal oil inspector for damages

of a railroad as the train backed towards it, and no one
on the train saw the child till after the accident, but if
some one on the train had been on the look-out, the
accident might bave been avoided, the company is

liable in damages for running over the child, 317.
Joint user by two railway companies of station property

of one; negligence of fellow.servant, 355.
Duty of company toward domestic animals on track of

railroad through fault of owner, 374.
Speed of train and defects in track as evidence of negli.

gence, 377.
Want of care in manufacture of cars, 377.
Not liable for frightening animals by locomotives, even

if they kill themselves in consequence, 416.
Driver of street car is not bound to regulate his speed at

such a rate as may be necessary to avoid harm to per-
sons crossing the road in an unreasonable and im
proper manner. It is as much the duty of persons
crossing the street to look out for vehicles, as it is of the
driver to look out for those crossing the road. Meyer

v. Lindell R. R., 425.
Passenger injured through negligence of, may sue upon

the contract or in tort, 436.
In causing fires, only liable for negligence, 498.
Promissory note made payable to a particular person or

order, and first endorsed by third party; circumstances
under which such third party will be held to be an orig.

inal promisor, guarantor, or indorser, respectively, 54.
Where endorsement is made in blank by a stranger be.

fore delivery, he is prima facie liable as maker or guar-
antor, 55.
Where one is held as promisor or second indorser, it is

not necessary to allege or prove any other than the
original consideration, but if it is intended to hold him

as guarantor, a distinct consideration must appear, 55.
Purchase of promissory note by national bank for pur-

pose of speculation ultra vires, 56.
Note signed "St. Louis Marble Co., by James Givens,

pres't, James Givens, I. V. W. Dutcher," is not prima
facie a joint undertaking. Givens v. Merchants Nat.
Bank, 65.
Knowledge of fact that note is past maturity, and no pre-

sentment has been made or notice given to indorsers,
requisite in order to make good a waiver of such fact
by a promise of an indorser to pay the note, Givens v.

Merchants National Bank, 65.
Non-residence of parties when cause of action accrued

and suit was brought, not a good plea in abatement in
suit on promissory note by endorsee against endorser,
Warehouse receipts are negotiable and transferable by

endorsement in blank. Cochran v. Rippy, 88.
Party writing his name on back of note of wbich he is

neither payee nor endorser, is treated as a maker, 134.
Innocent purchaser of note entitled to recover its full

value from maker, 155, 209.
Note in hands of bona fide holder not affected by separate

written agreement, 175.
Promissory note; rights of sureties, 176.
Promissory note; indorsers; contribution, 176.
Slight failure of consideration no defense to suit on

promissory note, 196.
Municipal bonds payable to bearer are negotiable instru-

ments, and subject to the same rules as other negoti.

able paper. Cromwell v. County of Sac, 209.
Note payable in merchandise not negotiable, 253.
Mere signature of drawee's name on bill of exchange not

sufficient acceptance under English statute, 433.
Effect of a subsequent endorsement by an endorsee to his

endorser. Howe Machine Co. v. Hadden, 446.
Several promissory notes were executed by one H to G,

who assigned the same by indorsement to F. Fafter-
wards assigned them by indorsement to G, who as-
signed them to plaintiff. Held, that F's liability as be.
tween himself and G being extinguished, the plaintiff, as

G's indorsee, could not recover of F, Ibid.
Where a banker make use of the public mail in forward.

ing a note for collection, and, through interference
or neglect, the letter containing the note is not deliv.
ered io the receiving bank, it does not excuse the en.
dorser, though the interference was caused by the
postmaster's knowledge that thereceiving bank had
failed, and the postmaster believed he was doing the
forwarding bank a favor by returning the letter. Pier

v. Heinrichshofen, 285.
Alteration of nole from payable to order” to “to bearer"

material, 318.
Note altered by trespasser valid as originally written,

caused by explosion of coal oil lamp, 57.
Action on collector's bond against himself and sureties;

quietus; settlements between county court and col.
sector not judgments, 177.


Efect of endorsement of note before delivery, 356.

If a sheriff levies an exccution during his first term of

office, and sells or collects the money during his sec-
ond term, the liability is upon his first bond; rule dif-
ferent in case of master in chancery. McLain v. Peo-

ple, 227.

Under Ohio act (S. & C. 850), the commutation of the

punishment of a lunatic convict is valid, and takes ef-
fect regardless of the convict's rejection of it when re-

stored to reason, 78.
Construction of the words " for the time being,” in said

act. Ibid.
Executive may annex to a pardon any condition, prece-

dent or subsequent, provided it be not illegal, immoral

or impossible of performance. Arthur v. Craig, 424.
Where a pardon contained a condition that the governor

might revoke it, under certain circumstances, upon
such showing as might be satisfactory to him, and was
accepted by the prisoner on such terms: Held, that the
latter had no right to a judicial determination of the
question of forfeiture in the face of this condition.



Vendee of one fourth interest in tract of land may par.

tition with owners, notwithstanding vendor retained a
lien for the purchase money on such one-fourth inter-
est, 77.
Proceedings in partition against minor defendants not
served with process are void, and could not be cured

by proceedings under act of Nov. 21, 1857 (Mo.), 499.

Power of partner over real estate of firm, 18.
Limitation to rule that no action can be maintained by

one partner against the other for any cause growing
out of the partnership relation, or which requires an
accounting to ascertain the respective rights and lia.

bilities of the parties, 42.
Authority of partner to bind the firm for an individual

debt, 56.
Effect of dissolution of partnership on contract for ex.

clusive sale by firm of certain articles for a term of

years, 97.
Note signed in individual names of partners held a firm

liability. Re Thomas & Sivyer, 151.
Division of profits held not to constitute, 155.
Dissolution of; rights of parties, 293.
Landlord agreeing with B that latter should farm his land
and each should defray half the expenses and have halt

the profits, does not constitute a, 316.
Partner cannot apply claim of firm to payment of indi-

vidual debt, even to retain for firm debtor's custom, 318.
Where parties have agreed to refer disputes to foreign

tribunal, court will prevent suit when, 355.
Authority of one partner to bind firm, 361.
Effect of release of one partner upon right of action

against the other, 374.
Children succeeding to interest of deceased partner;

acceptance, 396.
Specific performance of partnership contract refused

after death of partner, 397.
Debt to partnership; payment of partners indiyidual

debt, 415.
Right of one partner to share in the profits made by

another partner in another business carried on in con-
travention of the partnership articles is confined to
three cases, viz.: where the profits have arisen (1) by
use of the partnership property; (2) from a business in
rivalry with the partnership; (3) in a transaction car-
ried on by taking an unfair advantage of his connection

with the partnership. Dean v. McDowell, 469.
Without this the partners are in the simple position of
covenantor and covenantee, and the only remedy is by
injunction or dissolution, or, after the termination of
the partnership, by action of damages. Dicta, in Story

and other text books overruled. Ibid.
Motion to vacate decree in patent case for collusion;

rights of third parties. Cochrane v. Deener, 26.
Specification of a patent for an improvement of a ma-
'chine which consists of various subordinate combina.
tions, must distinctly show for what particular part of
the whole combination the patent is granted, 96.

PATENT LAW-Continued.
Licensee of patent estopped from denying licensors

title, its novelty or utility and the sufficiency of the

specification, 96.
But he may show that articles manufactured by him were

not covered by the patent, 96.
Pennsylvania statute requiring notes given for a patent

right to show on their face that they were so given,

constitutional, 241.
The distinction between invention and mechanical skill;

article by O. F. Bump, Esq., 323.
Notes given for patent rights and state legislation

affecting them; article by Wm. Ritchie, Esq., 373.
Requisites of indictment for, committed before grand

jury, 16.
“Material matter," in Mo. criminal code, 16.
In trial for, evidence that the prisoner was grossly in.

toxicated at the time, admissible, 78.

May be called on to testify as an expert without being

paid for his testimony as for a professional opinion;

refusal to testify a contempt, 11.
Ruling of the Indiana court to the contrary effect. Bu-

chman v. State, 231.
Degree of skill and care required of physicians and

surgeons, 439.


Power of courts to order entres nunc pro tunc, 38.
Court at subsequent term may correct record by incor-

porating into it nunc pro tunc a special finding of the

facts upon which the judgment was rendered, 76.
Of pleadings on trial, 118.
After partial recovery, by adding defendants, not allow-

able, 294,
Conduct of Trial.
Where evidence has been erroneously received, court

may direct jury to disregard it, 17.
Answer of judge to question from juror not error, be-

cause not reduced to writing as an instruction, 18.
In trial of action for assault and battery where defend.

ant justifies on the ground of self-defense, plaintiff has

right to begin and ly, 39.
In action for personal injury, where the extent of the
injury is in dispute, the defendant is entitled on motion
at the trial to an order of court for the physical exam.
ination of plaintif by physicians. Schroeder v. Ch. R.

I. & Pac. R. R., 47.
Duty of juror to obey directions of judge in returning

verdict, 276.
Court may admit evidence of attempt to tamper with

witness before it is shown that prisoner was connected

with it, 293.
Counsel in argument traveling outside of case, and as-

serting to be facts what are not in evidence may be

punished personally, or verdict set aside, 296.

Of cause, a matter of judicial discretion, 118.
Right to have witness fees taxed where evidence of

parties had been previously taken by depositions, 82.
Taxation of witness fees in federal courts where sub-

pæna not served by marshal, 83.
Judgment in favor of party for costs, as much his prop:

erty and under his control as judgment for debt sued
After offer to confess judgment, 376.
Requisite of petition in suit on promissory note by party.

other than payee, under Ohio code, 58.
Sum necessary to give jurisdiction must be ascertained

from petition, 115.
Petition avering that two were administrators and

that letters of one had been revoked and plaintifr ap.

pointed in his place bad, 115.
In action on account, it must be set out in petition, 396.
In action for relief on ground of fraud, circumstances

under which fraud was discovered need not be alleged,

(Kas.), 437.
Non-residence of parties when cause of action accrued

and suit was brought, not a good plea in abatement
to suit on promissory note by endorsee against en.
dorser. Givens v. Merchants' National Bank, 65.

on, 336.

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In action on appeal bond, where affidavit of claim is

Bled, defendant must file affidavit of merits, 116.
Joins defendants; default by some and pleas by others;

judgment against part, 136.
In suit on promissory note general denial puts owner-

ship of note in issue, 155.
Plea of general issue waives question of jurisdiction, 347.
Where complaint shows cause of action due, that it is

not so may be shown by plea in abatement, 393.
Requisites of affidavit of defense, 434.
When plea of general issue is filed, demurrer to subse.

quent plea can not be carried back to the declaration,

Whether, where it appears from the complaint that the

statute of limitations has run upon the cause of action,
the defendant can avail himself of the statute by de-
murring to the complaint for insuficiency of the facts,

discussed, 297.
The act of congress of June, 1872 (Rev. Stat, $514), does

not apply to the manner of taking depositions to be

used in the federal courts. Sage v. Tauszky, 7.
Equity has no power to interfere with the rights of par-

ties, in invitum by an order directing the consolidation

of independent suits. Knight Bros. v. Ogden Bros., 27.
Persons claiming title adversely to mortgagor not

proper parties to foreclosure suit, 354.
All persons beneficially interested, either in the estate

mortgaged, or the demand secured, are proper parties,

Administrator not proper party to bill to set aside volun.

tary conveyance of intestate, 375.
Where a jury of twelve men was selected and summoned

for the trial of a cause before a justice of the peace,
under the act of March 50, 1875, (72 Ohio Laws, 159), and
before the day set for trial this act was repealed by an.
other (73 Ohio Laws, 14), which provided for a jury of
six men for such trials: Held, that the act in force at

the time of the trial governed, 118.
Objections as to competency of jurors may be waived,

how, 136.
Fact that person has expressed opinion no objection to

his sitting as a juror where opinion was founded on

mere rumor, 136.
That juror drank intoxicating liquors during trial not

gronnd for new trial, 255.
Case altered if liquor furnished by attorney to influence

juror. Ibid.
Party not entitled to jury on application for judgment for

delinquent taxes, 277.
That party has subscribed funds for suppressing crime,

does not disqualify him for grand juror, 277.
A juror was challenged for cause, and the objection

overruled by the court. He was then challenged per.
emptorily, and the jury accepted without the defend.
ant having exhausted his peremptory challenge. Held,

no error. Small v. C. R. I. & Pac. R. R., 310.
Party not entitled to, where only issue is as to custs, 397.
Resident and tax payer incompetent, where city is sued

for $10,000 damages, 448.
That juror sat on a former trial a ground for challenge,

Mode of empanneling (Kas.), 437.
Miscellaneous Rulings.
Indiana stalute (2 R. S. 1876, 277), that in any action on
contract, against two or more defendants, "the surety
may, upon a written complaint to the court, cause the
question of suretyship to be tried and determined,
upon the issue made by the parties, at the trial of the
cause, or at any time before or after the trial, or at a

subsequent term, construed," 117.
Requisites of petition for change of venue in Illinois,

Refusal of court to discharge on ground of mistake of

fact an order entered by consent, 114.
The computation of time, 141.
Default taken through absence of counsel; error, 196.
On application to stay execution verified petition not

necessary, 337.
Venue in action for damages for causing death (Ohio),

Use of initials instead of full name, 478.
Where A executes notes to B in payment of real estate,

and afterwards sells such real estate to C. who assumes
and agrees to pay said notes, B can maintain a suit
against for the payment of the notes, 38.

Petition of widow for assignment of dower against pur.

chaser of part of estate, and heirs of deceased, 57.
Security for costs will not obviate necessity of ner.

friend in suit by infant, 358.
No waiver of fraud in procuring service of process, by fil.

ing petition for removal to federal court. Moynahao .
Wilson, 29.
When a defendant is brought within jurisdiction of the

court by a trick, service of process will be set aside,
Exemption from civil process or arrest of witness before

legislative committee, 58.
Service of process by publication under Oregon statute,

Service of process upon sick person, 176.
Evidence of service of, 296.

Service of, by mail, I(Wis.) 318.

In Wisconsin must be by order of court, 18.
Oral consent to, must be entered on court minutes, 18.
Referee must make final report on whole case, 175.
That case was begun before justice of the peace no

ground for refusing, 434.
Set-off and Counterclaim.
Right of set off in an action is governed by the law of the

place where the action is brought, 39.
Set-off by principal in suit against principal and surety.

Himrod v. Baugh, 87.
Requisites of set-off under Indiana code, 175.
A sued B and C for a balance of account due A; at the

same time A, together with his partner D, owed de-
fendants on another account; they pleaded this ae-
count duo by A and D as a set-off to the account due by
Band C to A. Held, that the set-off was well pleaded,

Effect of judgment upon counterclaim, 397.
In a suit by an administrator or executor in a justice

court, can a debt existing against his testator or intes.
tate belonging to defendani at the time of his death be
set-off by ihe defendant and judgment rendered in his

favor for the excess? Query, 279; Answer, 299, 319.
Supplementary Proceedings.
Written answer of bank verified by oath of president not

competent, in a proceeding supplementary to execu.
tion, to show that bank had funds of the defendant on

deposit, 97.
United States Courts.
The act of Congress of June, 1872, (Rev. Slat. 914) re-
quiring the practice in the U. S. Courts to conform to
that in the State Courts does not apply to the manner
of taking depositions to be used in the federal courts.

Sage v. Tauszkey, 7.
Sec. 914 of the Revised Statutes, adopting the practice,

pleadings, and forms and modes of proceeding, applies
to such as are established by the statutes of the ser-
eral states, and does not include modes of procedure
established by judicial construction of common law
remedies. Sanford v. Town of Portsmouth, 147.
Decisions of the supreme court of a state that manda.

mus is the only proper remedy upon municipal bonds,
are not binding upon the federal courts, Ibid.
Whether sec. 914 extends to the practice prescribed by
rules of the state court of general application, qucere.

Extent of judgment in the districts of the, 261.
Resolution of a foreign corporation, filed pursuant to a

state statute, authorizing its agent “to acknowledge
service of process," &c., amounts to an agreement for
a constructive presence within such state; and a fed.
eral court may obtain jurisdiction over such corpora-
tion by service upon its agent. Fonda v. British Am.

Ass. Co., 305; another case, 442.
The lien of judgments of federal courts, 401.

Validity of judgments of federal, in state, courts, 414.
Possession, actual or constructive, by the pledgee requi.

site to a valid, 18.
Construction of the, as to prohibited literature and ad-

vertisements, 461, 300, 339.


Right of set-off in action is governed by the law of the

place where the action is brought, 39.

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