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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
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
Appointment of receiver in another state recognised as
against attaching creditor who is citizen of the same
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.
[See PLEADING AND PRACTICE.)
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
cíty offices, 6i.
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.
(See NEGOTIABLE AND ASSIGNABLE PAPER.]
[See NEGOTIABLE AND ASSIGNABLE PAPER.]
Where 30 days advertisement of foreclosure is required
by trust deed, sale good if more than 30 days elapsed
between Arst and last publication, 415.
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 fome court?
Query, 179; answers, 238, 258.
Entry on land; when is a patent said to be issued? Query,
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
[See also CARRIERS; CONSTITUTIONAL LAW; DAMAGES;
Wrongful ejection from car; punitory damages against
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,
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,
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,
Power of railroad to make contract for transportation
over connecting line. 0. & M. R. 6. 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-
Railroad ticket with words “Portland to Boston” does
not entitle holder to passage from Boston to Portland,
Powers of conductors of trains to make agreements with
passengers varying printed notice of company. 0. &
M. R. R. v. Hatton, 389.
Liable to garnishment (Ohio), 436.
The by-laws of railroad companies, 480.
A curious case in North Carolina, 100.
Party may be acquitted of rape and conyicted 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.
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 Massachasetts, 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.
(See JUDGMENTS AND DECREES.)
Taking assignment of certificate of sale of land by sher-
if not redemption of property under Illinois statute,
[See ARBITRATION AND AWARD; PLEADING AND PRAC-
Of deed; mistake must be mutual, 117.
Record in one county of deed covering lands in two, 155.
Registers signature on record of deed, 155.
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;
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 justi'e was not related to the plaintifr either by
blood or marriage. 38.
By affinity ceases with the dissolution of the marriage
which created it 38.
(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
Circuit Court of the United States under sec. 639, Rev.
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. ? of the Act of March 3,
[See CRIMINAL EVIDENCE.]
Forfeiture of unstamped spirits under, 94.
Commissions of collector under act of July 20, 1868, 113.
Right of officer to examine bank checks, 113.
Neglect of distiller to keep books, 113.
Title to land abutting on tide-water, 59.
Meaning of "shore,” 59.
Rights of riparian owners on lakes, 78.
SAFE DEPOSIT COMPANY.
Implied warranty on sales of chattels; article by W.
Connor, Jr., 53.
SCHOOLS AND SCHOOL LAW.
Contract between school directors and teacher; dismis-
sal of latter for alleged incompetency, 35.
What is incompetency within the meaning of the school
Powers of school committee in Massachusetts, 115.
Right of trustees of public schools to prescribe obliga-
tory studies, 281.
Condonation as to wife is not condonation as to defend.
ant in action for seduction of plaintiff's wife, 378.
SET-OFF AND COUNTERCLAIM.
(See PLEADING AND PRACTICE.]
[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
urance not material, 176.
Repetition of charges; opinion of oficer; evidence of
public rumors, 176.
No justification to action for libel in publishing of plain-
tiỉ that he was a “felon editor,' 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.
Distinction between publication of slanderous matter
in a newspaper as a matter of news, and upon the
personal truihfulness and responsibility of the de.
Publication of ex parte proceedings before a magistrate,
privileged. Usil 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.
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
within Ohio Code, 39.
May be granted with abatement, where too large a
quantity of land was included in contract though by
Proper remedy when party has failed to convey the num-
ber of acres required by the contract, 375.
STATUTE OF FRAUDS.
A promise by A to B to pay C a debt which В owes C not
within the, 136.
agreement not signed by party to be charged, 214.
STATUTE OF FRAUDS-Continued.
Action will lie to recover back money paid on agreement
invalid under statute, and which other party refuses to
Agreement for lease signed by parties, but expressed to
be “subject to the preparation and approval of a
formal contract," not binding within the, 235,
Agreement for lease contained in offer, but not naming
lessor, held not within the, 235.
Letter containing offer must be delivered, to come within
Though contract void for not being within statute, yet
if party have partly performed action will lie upon
implied promise to pay, 398.
Contract to answer for debt, etc., of another, must be in
writing and founded on good consideration; illustra.
Agreement of one as to payment of mortgage within the,
STATUTE OF LIMITATIONS.
Where a statute creates a new right, and prescribes a
remedy for its enjoyment, the statute remedy must be
Statute authorizing turnpike company to collect its tolls
at its gates by stopping persons from passing through
until they have paid them, must be strictly followed,
and the company cannot recover such toll by suli un:
less an agreement is proved, 77.
The English statutes in force and abolished in this coun.
try collected, and the decisions thereunder referred to
in a learned note to the case of De Camp v. Dobbins,
Extra-territorial force of, State v. Bunce, 465.
Where a statute creates a new offense and prescribes a
specific remedy, latter must be strictly followed, 156.
Right of action under repealed statutes, 198, 335.
STOCK, KILLING, BY RAILROADS.
[See NEGLIGENCE; RAILROADS.)
[See HOMICIDE; LIFE INSURANCE.]
Efect of Inday laws in Massachusetts upon right to
recover for injuries tortiously inflicted upon persons
acting in violation of those laws, 402.
(See PLEADING AND PRACTICE.]
On attachment bond not dissolved by discontinuance by
plaintiff against one of the defendants in the original
Extending time of payment will release sureties on
promissory note, when, 253.
Delay in giving notice of non-payment will not discharge,
if not injured, 253.
[See LAND LAW.]
Property in hands of assignee in bankruptcy liable to
taxation under the state laws, 41.
Valuation of real estate for taxation under Kansas laws,
Valid assessment made in compliance with the statute
necessary to support a tax. Schettler v. City of Fort
An assessment of property in a city on the basis of one.
Bill for special tax purposes; depreciation in value of
party's property no defense, 357.
Liability of counties and districts in Arkansas for
special assessments. Boro v. Phillips County, 409.
The shares or stock of a national bank were taxed at
their full value, while other property was assessed at
from thirty to forty per cent. of its real value. Held,
that the discrimination was illegal aud unjust, and that
the bank was a proper party to maintain a bill to re-
strain its collection, 457.
Injunction to restrain issue of deed, lot having been
sold for non-payment of illegal tax, 18.
Violation of statutory rule of assessmennt vitiates tax,
and sale of land for non-payment of such tax will be
Effect of non-compliance with statutory requirements,
Agreement of supervisors at time of sale that if title
fails they will secure purchaser, invalid, 297.
Cannot refuse to transmit message on the ground that it
was sent in bad faith or for an immoral purpose, 17.
To discharge the lien of a mortgage must be a tender of
the whole amount of the mortgage debt, not merely the
amount due at the time of the tender, 478.
Refusal of tender must be absolute, 498.
Joint tort feasor cannot recover on right of action pur-
chased from injured party, 176.
Action for injury to crop by another's cattle an action of,
Trade mark in name of place; similarity likely to de.
ceive; injunction, 395.
Person who has been, by right of some monopoly, the
sole manufacturer of a new article, and who has given
a new name to the new article, cannot claim that the
new name was to be attributed to his manufacture
after competitors were at liberty to go on and make the
same article, 395.
Railway company, without consent of owner or statutory
authority, taking possession of land liable for; measure
of damages; waiver, 19.
Jurisdiction of equity to issue injunction in aid of action
Civil and criminal actions distinct in trespass and cannot
be joined (Kansas), 40.
One cannot be held criminally for a trespass committed
by his cow, under city ordinance making the destruc-
tion of shade trees a criminal offense, 78.
Adjoining owners; trespass by cattle; common line fence,
Timber was cut from lands of B by trespassers, who, by
their labor, converted it into cord wood and railroad
ties, increasing its value three-fold. It was then sold
to an innocent purchaser, who was sued by B for the
value of the wood and ties. Held, that B could not re-
cover the valne of the timber as enhanced by the labor
of the wrong-doers, after it was severed from the
TRIAL BY JURY.
[See PLEADING AND PRACTICE; CONSTITUTIONAL LAW.)
When maintainable between joint owners; destruction
TRUSTS AND TRUSTEES-Continued.
Purchase of certificates of a tax sale by a trustee will op.
erate as a redemption of the land from the tax sale,
Fiduciary relation; sale by directors to their own com-
pany; full and fair disclosure, 195.
Legal estate passes by trust deed, and defects in the ex-
ecution cannot be shown in an action of ejectment.
Wells v. Caywood, 268.
The Effect of the Statute of Limitations on Actions to
Enforce Trusts. Editorial article, 283.
Resulting trusts in Pennsylvania must be enforced with.
in twenty-one years,
Husband obtaining money on faith of agreement to buy
lands and taking title to himself, 297.
Where trustee in deed went into confederate lines, court
had no power to substitute sheriff to make sale, 357.
Trustee cannot make profits from estate for himself, 398.
That money was deposited in bank to eredit of “ T. M.
Trust" pot conclusive evidence that it was held sub-
ject to a trust, 435.
When trustee liable for acts of co-trustee, 435.
Parol agreement that absolute deed shall stand only as
security not void as creating a trust by parol. 435.
What will constitute a trust ex maleficio; purchase of
land under parol agreement for one having an interest
therein; denial of confidence thus created, 475.
Trust fund; application by depository to trustee's debt,
(See TRUSTS AND TRUSTEES.]
The Doctrine of, Article by G. H. Wald, Esq., 2.
Purchase of promissory note by a national bank for pur.
pose of speculation, is, 56.
Insurance company, established to effect insurances on
lives, but in deed of settlement allowed to effect in:
surances "against all and every kind of risk, special
aud general, etc. ;" carrying on fire insurance business
held not ultra vires, 114.
Doctrine of, when invoked for or against a corporation
will not be allowed to prevail when it would defeat the
ends of justice or work a legal wrong. 0. & M. R. R.
v. McCarthy, 287.
Life insurance companies; investments; defense of ultra
vires, (Kas.) 336.
UNITED STATES COURTS.
[See PLEADING AND PRACTICE.)
Recoupment of usurious interest under Indiana statute,
Effect of usury under the national banking act. National
Bank of Madison v. Davis, 106.
Equity will prevent payment of usurious interest, 335.
Under the laws of Iowa, contracts made by a loan asso.
ciation with its members are subject to the statutes
against usury. Hawkeye Benefit Ass. V. Blackburn,
VENDOR AND PURCHASER.
(See also DEEDS.)
Covenant in deed not to use any building erected on the
land “otherwise than as and for a private residence
only and not for any purpose of trade," held to be
broken by use of building as a home for orphan daugh-
ters of missionaries, 62.
Deed containing covenant not to allow houses to be
used for sale of liquors; assignee with notice bound,
Covenant in deed against encumbrances construed, 276.
Vendor of undivided fourth interest in land after vendee
has made partition with the owners of the three-
fourths, can only assert his lien on the one-fourth al.
lotted to his vendee, 77.
Waiver of, 134.
Recission of mortgage; vendor's lien, 135.
Abandonment of, by taking mortgage, 378,
[See PLEADING AND PRACTICE.)
[See PLEADING AND PRACTICE.)
Railway company occupying another's land without con-
sent or authority, guilty of trespass; neglect of owner
to restrain company by injunction, no waiver of his
right to damages, 19.
Filing in state court petition for removal of cause to
federal court, no waiver of fraud in procuring service
of process. Moyuahan v. Wilson, 28.
Knowledge of fact that note is past maturity and no pre-
sentment has been made, or notice given to endorser,
necessary to make good waiver of such fact by promise
of an endorser to pay the note; proof of direot know.
edge not essential. Givens v. Merchants National
Of vendor's lien, 134.
of right to select property as exempt from execution.
Wright v. Deyoe, 386.
of delivery of prisoner at place named in offer of re-
By execulory contract, of right to exemption, invalid, 433.
Kentucky statute of March 6, 1869, “ in relation to ware-
houses and warehouse receipts," still in force in that
state. Cochran v. Rippy, 88.
Warehouseman must be in possession of the goods at
the time he executes his receipt or voucher, 88.
Warehouse receipts are negotiable and transferable by
endorsement in blank, 88.
Validity of receipts in hands of bona fide holder not af.
fected by the fact that they were given in violation of
the statute as to warehousemen, 88.
Implied warranty on sales of chattels; article by W.
Connor, Jr., 53.
Of vendor of negotiable school bonds that they are
Distinction between warranties and representations;
Effect of taking express warranty upon warranty implied
by law, 417.
WATERS AND WATERCOURSES.
(See RIPARIAN RIGHTS.)
Grant of, under Massachusetts ordinance of 1647; what
(See HUSBAND AND WIFE.)
A will written and signed in lead pencil is valid, 1.
Will explained by deed executed on same day, 38.
Devise to married woman who died before death of tes.
tator; husband not entitled to inherit (Ind.), 57.
Construction of devises to a man and his wife without
further de-criprion, 139.
Degree of unsoundness of mind in a testator which will
justify a court of equity in setting aside will, 139.
Bequest of fund to trustees " for the interests of religion
and for the advancement of the kingdom of Christ in
the world as follows"-naming certain religious so.
cieties-not void for uncertainty, 142.
A testator devised lands to trustees, or the survivor of
them, and the heirs, executors and administrators and
assigns of such survivor in trust, to hold for a site for
a "Hospital for Foundlings," to be erected by an asso.
ciation to be incorporated by an act of Congress to be
passed, such corporation to be approved by the trus-
iees, their survivor or successors, and the land to be
held until a corporation should be created by act of
Congress, which should be approved by the trustoes.
Held, 1. That the validity of charitable endowments
and the jurisdiction of courts of equity, never depend
ed on the statute of 490 Eliz, chap. 4. 2. That the de:
vise was not void for uncertainty. 3. Thet it was not
void as creating a perpetuity. Ould v. The Washington
Hospital for Foundlings, 191.
Conversion of realty into personalty, 194.
Undue influence and weakness of testator grounds for
setting aside will, 256.
Devise to issue of such children as might be then dead
leaving issue; issue dying in lifetime of parent, 355.
Construction of "in the last sickness" of deceased in
Illinois statuto as to nuncupative wills, 421.
“The residue of my estate I give and devise to the North
Reformed Church of Newark, in trust, that they may
use the same to promote the religious interests of said
church, and to aid the missionary, educational and
benevolent enterprises to which the said church is in
the habit of contributing," etc., is a good charitable
bequest. DeCamp v. Dobbins, 449.
A misnomer of the legatee will not defeat a gift. Ibid.
Third persons can not object to the capacity of a corpo-
ration to take such gift, on the ground that its property
already equals the amount limited by the general law
under which it is formed. The state alone can inter-
If the character of a gift can be definitely determined,
and it appears that it is charitable in a legal sense, the
use of terms which would, if unexplained, render the
gift void, will not defeat the donor's purpose. Ibid.
Some comments on the admission of, to the bar, and the