Page images
PDF
EPUB

NEGLIGENCE-Continued.

Where child of two years old was walking on the track
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 have 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.
NEGOTIABLE AND ASSIGNABLE PAPER.

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 speculatlon 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,

65.

Warehouse receipts are negotiable and transferable by
endorsement in blank. Cochran v. Rippy, 88.
Party writing his name on back of note of which 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 makes 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 to 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 note from payable "to order" to "to bearer"
material, 318.

Note altered by trespasser valid as originally written,
318.

Effect of endorsement of note before delivery, 356.

NEGOTIABLE AND ASSIGNABLE PAPER- Continued.
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 the 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,
499.

Have receivers' certificates all the attributes of, Query,
359, answer, 399.

NOLLE PROSEQUI.

[See CRIMINAL LAW AND PROCEDURE.]
NOTARY.

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

[See also MUNICIPAL BONDS; NEGOTIABLE AND AS-
SIGNABLE PAPER.]

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.

NUISANCE.

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. Čom., 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
Hurdman v. N.
at the suit of the person so injured.
E. R. R., 367.

OBSCENE PUBLICATIONS.

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.

OBSTRUCTING ROADS.

On indictment for, defendant cannot plead that the pub-
lic had abandoned the easement by non-user, unless
such non-user had continued for twenty years, 96.
OFFER.

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.

OFFICES AND OFFICERS.

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.
OFFICIAL BONDS.

Construction of constable's bond, 18.

Action on official bond of coal oil inspector for damages
caused by explosion of coal oil lamp, 57.

Action on collector's bond against himself and sureties;
quietus; settlements between county court and col-
fector not judgments, 177.

OFFICIAL BONDS-Continued.

If a sheriff levies an execution 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.

OPTION CONTRACTS.

[See CONTRACTS.]
PARDONS.,

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.
Ibid.

PARENT AND CHILD.

[See INFANCY.]

PARTIES.

[See PLEADING AND PRACTICE.]

PARTITION.

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.
PARTNERSHIP.

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 half
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 individual
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.

PATENT LAW.

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.
PERJURY.

Requisites of indictment for, committed before gran d
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.

PETITION.

[See PLEADING AND PRACTICE.]
PHYSICIAN.

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.

PLEADING AND PRACTICE.

[See also APPEALS AND APPELLATE PROCEDURE;
CRIMINAL LAW AND PROCEDURE.]

Amendments.

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 reply, 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 plaintiff 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.
Continuance.

Of cause, a matter of judicial discretion, 118.
Costs.

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-
pœna 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
on, 336.

After offer to confess judgment, 376.
Declaration-Petition.

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 plaintiff 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.

Defenses.

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' Ñational Bank, 65.

PLEADING AND PRACTICE-Continued.

In action on appeal bond, where affidavit of claim is
filed, defendant must file affidavit of merits, 116.
Joint 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, 398.
Requisites of affidavit of defense, 434.
Demurrer.

When plea of general issue is filed, demurrer to subse-
quent plea can not be carried back to the declaration,
117.

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 insufficiency of the facts,
discussed, 297.

Depositions.

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.
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,
Ibid.

Administrator not proper party to bill to set aside volun-
tary conveyance of intestate, 375.

Jury.

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
ground 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 costs, 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,
438.

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,
117.

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),
436.

Use of initials instead of full name, 478.

Parties.

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 C for the payment of the notes, 38.

PLEADING AND PRACTICE-Continued.

Petition of widow for assignment of dower against par-
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.

Process.

No waiver of fraud in procuring service of process, by fil-
ing petition for removal to federal court. Moynahan v.
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,
142.

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

Service of, by mail, |(Wis.) 318.
Reference.

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 ac-
count due by A and D as a set-off to the account due by
B and C to A. Held, that the set-off was well pleaded,
293.

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 defendant at the time of his death be
set-off by the 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. Stat. 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 sev-
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, quære.
Ibid.

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.
PLEDGE.

Possession, actual or constructive, by the pledgee requi-
site to a valid, 18.

POST-OFFICE LAWS.

Construction of the, as to prohibited literature and ad-
vertisements, 461, 300, 339.

PRESUMPTION.

[See EVIDENCE.]

PRINCIPAL AND AGENT.

[See AGENCY.]

PRIVATE INTERNATIONAL LAW.

Right of set-off in action is governed by the law of the
place where the action is brought, 39.

[ocr errors][ocr errors][ocr errors][ocr errors]

PRIVATE INTERNATIONAL LAW-Continued.
Rule that a contract shall be judged by the law of the
place in which it is made is not applicable to real
estate, which can be conveyed only according to the
law of the place in which it is situated. North West.
Mut. Life Ins. Co. v. Overholt, 188.

In an administration by the court of the assets of a tes-
tator who had a foreign domicil at the time of his
death, although the property will be distributed accord-
ing to the law of the place of domicil, the payment of
interest will be governed by the practice of the court
here, 275.

In suit on promissory note, contract governed by law of
place where payable, 434.

Conflict of laws; rights and remedies, how governed, 440.
Extra territorial force of statutes. State v. Bunce, with
note, 465.

Appointment of receiver in another state recognised as
against attaching creditor who is citizen of the same
state, 476.

Would the courts of Indiana give an assignee of a debt a
right to collect said debt where the debt arose between
citizens of a sister state, and where as between said
citizens the debt could not be collected by the remedy
sought to be enforced in the home court? Query, 179;
answers, 238, 258.

PRIVILEGED COMMUNICATIONS.

[See EVIDENCE.]

PROBATE COURTS.

[See JURISDICTION.]

PROCESS.

[See PLEADING AND PRACTICE.]

PROFESSIONAL ETHICS.

Memorial of the judges of the superior court of Phila-
delphia asking to be relieved from the duty imposed
upon them by law, of making appointments to various
city offices, 61.

Should a relative of a judge be debarred from practicing
in his court? 140.

The disbarment of Mr. F. J. Bowman, 220.

When should a change of venue be asked on ground of
judge's bias? Query, 319; answer, 319.

PROMISSORY NOTES.

[See NEGOTIABLE AND ASSIGNABLE PAPER.]

PROTEST.

[ocr errors][merged small][ocr errors][ocr errors]
[ocr errors][merged small][merged small][merged small]

Where 30 days advertisement of foreclosure is required
by trust deed, sale good if more than 30 days elapsed
between first and last publication, 415.

PUBLIC POLICY.

[See CONTRACTS.]

QUERIES AND ANSWERS.

What redress has one who has been convicted and served
his sentence under a statute afterward declared uncon-
stitutional? Query, 159; answers, 159, 220, 259, 279.
Would the courts of Indiana give an assignee of a debt
a right to collect said debt, where the debt arose be-
tween citizens of a sister state, and where as between
said citizens the debt could not be collected by the
remedy sought to be enforced in the home court?
Query, 179; answers, 238, 258.

Entry on land; when is a patent said to be issued? Query,
238; answers, 279, 299, 338.

Who has priority-the assignee of a judgment or the
holder of a prior unrecorded deed or mortgage? Query,
238; answer, 279.

In a suit by an administrator or executor in a justice
court, can a debt existing against his intestate or testa-
tor, and belonging to the defendant at the time of his
death, be set-off by the defendant and judgment rend-
ered in his favor for the excess. Query, 279; answers,
299, 319.

Wanted, a well-considered case, holding that the assig-
nee of a chose in action can only recover what he paid.
Query, 278; answers, 319, 338.

Patent for land issued after death of party to heirs, what
sort of a title has a purchaser at an administrator's
sale? Query, 298; answers, 339, 399.

When should a change of venue be asked on account of
alleged bias of judge? Query, 319; answer, 319.
Have receivers' certificates all the attributes of negotiable
paper? Query, 359; answer, 399.

Does the Illinois statute in regard to exemptions, in force
July 1, 1877, repeal sec. 14 of the garnishment act?
Query, 439; answer, 479.

QUO WARRANTO.

Not allowed for breach of municipal agreement, 176.
Information in the nature of, is the proper remedy where
a company or corporation exercises a franchise not
granted, 491.

RAILROADS.

[See also CARRIERS; CONSTITUTIONAL LAW; DAMAGES;
NEGLIGENCE; TRESPASS.]

Wrongful ejection from car; punitory damages against
company, 21.

The Liability of Railroad Companies in Missouri for Kill-
ing Stock. Articles by Hon. H. S. Kelly, 23, 43.
Not bound to receive person as passenger who is drunk
to such a degree as to be disgusting and offensive, 38.
But slight intoxication is not sufficient ground for refus-
ing one a passage in a public car. Ibid.
Transporting animals, excused from liability for loss of
such animals only as is caused by the inherent tenden-
cies or qualities of the animals, 56.

Failure to give signals at crossings an indictable nuis-
ance. L. & N. R. R. Co. v. Com., 86.

Action will not lie against railroad for cost of building
fence, where former owner of land had agreed to keep
it up, 118.

Erection of telegraph line on right of way of railroad,
157.

The law of the smoking-car, 160.

Use of thoroughfare for railroad track; right of adjoin-
ing owner to damages, 176.

Contract between railroad and ferry company construed,

215.

Liability of, for passengers baggage, 222.

Taking luggage from car and depositing it on platform
does not constitute delivery to passenger, 275.

Duty of conductor to eject drunken and unruly passen.
ger from train; expulsion not proximate cause of
death if he be afterwards run over by another train,

277.

Power of railroad to make contract for transportation
over connecting line. O. & M. R. K. v. McCarty, 287.
Liability of railroad to passenger in Pullman car, 321.
Construction of Pennsylvania statute as to right of
colored persons on railroads, 381.

Engines, cars and rolling stock of a railroad are chat-
tels, 381.

Railroad ticket with words "Portland to Boston" does
not entitle holder to passage from Boston to Portland,
382.

Powers of conductors of trains to make agreements with
passengers varying printed notice of company. O. &
M. R. R. v. Hatton, 389.

Liable to garnishment (Ohio), 436.

The by-laws of railroad companies, 480.
RAPE.

A curious case in North Carolina, 100.

Party may be acquitted of rape and convicted of assault
and battery, 155.

Conviction may be had for assault and battery though
woman consent, when, 155.

Solicitations without violence do not constitute, 475.
RECEIVER.

Appointment by one court in no way affects the ordi-
nary jurisdiction of other tribunals, 59.

Foreign Receivers. Article by G. F. Henry, Esq., 123,
A citizen of the state of Massachusetts, appointed a re-
ceiver of an Ohio corporation by the United States
Circuit Court in the latter state, may maintain an ac-
tion in said court for the recovery of assets of such
corporation wrongfully withheld, 195.

Can not be sued without leave of appointing court, 201.
Have receivers certificates all the attributes of negotia-
ble instruments? Query 359; answer, 399.
RECORDS.

[See JUDGMENTS AND DECREES.]

[blocks in formation]

REGISTRATION LAWS-Continued.

Effect of recording unauthorized instrument; construct-
ive notice, 296.

Meaning of "filed" in Minnesota statute, 475.

Who has priority under the,-the assignee of a judgment,
or the holder of a prior unrecorded deed. Query, 238;
answer, 279.

RELATIONSHIP.

Where the first wife of the plaintiff was a sister of the
father of the justice before whom the case was tried,
but was dead when the action was brought: Held, that
the justice was not related to the plaintiff either by
blood or marriage. 38.

By affinity ceases with the dissolution of the marriage
which created it 38.

RELEVANCY.

[See EVIDENCE.]

RELIGIOUS CORPORATION.

[See TRUSTS AND TRUSTEES.]

REMOVAL OF CAUSES.

Filing in a state court a petition for removal is no waiver
of fraud in procuring service of process. Moynahan
v. Wilson, 28.

Where property was fraudulently decoyed within the ju
risdiction of a state court, and seized upon a writ of
replevin, and defendant at once removed the case to
the federal court, and moved to set aside service of the
writ: Held, that the motion was not too late, 28.
Petition under act of 1789 must expressly state that the
parties were citizens of the respective states at the time
the suit was commenced, 76.

State court not bound to surrender its jurisdiction, unless
petition on its face shows the right of the petitioner to
transfer it, 76.

Under act of 1867, the petition for removal must state the
personal citizenship of the parties, and not their offi-
cial citizenship, 76.

Removal of causes under the civil rights law; the Louisi-
ana Returning Board Case, 121.

After improper overruling of motion in state court, party
is not prejudiced by remaining in that court, 376.
Right to removal may be waived, how, 398.
Where D, a citizen of California, filed a bill to foreclose a
mortgage against M, the mortgagor, also a citizen of
California, and F, a subsequent incumbrancer and a
citizen of New York, there can be no final determina-
tion of the controversy between D & F without the
presence of M, and the suit is not removable by F to the
Vircuit Court of the United States under sec. 639, Rev.
Stats., 457.

Neither in such case, where the only controversy is
as to the mortgage, is there "a controversy which
is wholly between citizens of different states," or
"which can be fully determined as between them,"
within the meaning of sec. 2 of the Act of March 3,
1875, (18 Stat. 470), Ibid.

REPLEVIN.

Married woman may maintain, for property purchased by
her from her husband, 17.

Constable levying under an execution against A, upon
property of B; latter may bring replevin without de-
mand, when, 17.

After delivery of goods to consignee, lien is lost and car-
rier can not maintain replevin, although conditions
precedent to delivery had not been complied with, 113.
Can not be maintained against administrator, as such,
136.

Claimant in replevin need not be absolute owner, 236.
Will not lie on ground of illegality of consideration,
where defendant has taken possession of property ac
cording to terms of mortgage, 435.

RES ADJUDICATA.

Principle of, embraces not only what was actually deci
ded, but every other matter which the parties might
have litigated in the case, 78.

Where, in an action to cancel a note for fraud, judgment
was given in favor of its validity, defendant can not, in
subsequent action on note, set up that it was executed
through mistake, 255.

If all the parties in being, having an interest in the sub-
ject-matter of the bill, are made parties, a decree con-
struing a will, will be binding upon after born children
who may be entitled as remaindermen; and powers
exercised under such construction by the executor, in
good faith, will be upheld, 478.

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

SET-OFF AND COUNTERCLAIM.

[See PLEADING AND PRACTICE.]
SHERIFF.

[See EXECUTIONS; OFFICES AND OFFICERS.]
SLANDER AND LIBEL.

Privileged communication; notice; burden of proof, 114.
In criminal prosecution for libel, the truth of the matter
charged as libelous not a defense unless it was pub-
lished for justifiable ends, 139.

Rule otherwise in civil actions. Ibid.

In action for slander, for charging plaintiff with having
burned his property to defraud insurers, proof of actual
insurance not material, 176.

Repetition of charges; opinion of officer; evidence of
public rumors, 176.

No justification to action for libel in publishing of plain-
tiff that he was a "felon cditor,' that he had been con-
victed of a felony; distinction between the use of the
words "convicted felon" and "felon editor," 181.

In libel, where the defendant pleads the general issue
and does not justify, evidence tending to prove the
truth of the charge or of circumstances which, in the
popular mind, tend to cast suspicion upon the plain-
tiff is inadmissible: exception to this rule. Storey v.
Early, 205.

Distinction between publication of slanderous matter
in a newspaper as a matter of news, and upon the
personal truthfulness and responsibility of the de-
fendant. Ibid.

Publication of ex parte proceedings before a magistrate,
privileged. Usif v. Hales, 245.

Words "swindler and rogue" not actionable per se, 293.
Indictment for libel which sets out libel preceded by
words "as follows," good, 295.

SPECIFIC PERFORMANCE.

Of contract for sale of land; party asking for must show
that he is not in default himself, 1.
Dependant contracts; when enforced and when not en-
forcible. Burton v. Shotwell, 31.

Action for specific performance against heirs of vendor
and grantee not action for relief on the ground of
fraud within Ohio Code, 39.

May be granted with abatement, where too large a
quantity of land was included in contract though by
mistake, 114.

Proper remedy when party has failed to convey the num-
ber of acres required by the contract, 375.
SPRING GUNS.
[See ASSAULT.]

STATUTE OF FRAUDS.

A promise by A to B to pay C a debt which B owes C not
within the, 136.

agreement not signed by party to be charged, 214.

« PreviousContinue »