BAIL. Forfeiture of bond. A subsequent voluntary surrender of prisoner will not release the surety of a forfeited bond. State v. Kramer (Iowa S. C.)..... 38 2.-Negligence; neglect of sheriff no reason for exoner- ation of bail. State v. Kramer (Iowa S. C.)...
3. Offer to surrender principal; it is within the dis- cretion of the court to order principal into custody. State v. Kramer (Iowa S. C.). 4.-Surety, examination of; it is the duty of the bail to arrest and deliver up principal in order to exonerate him. State v. Kramer (Iowa S. C.)...
BAILMENTS. Storage; construction of contract. Irvins v. Keutner (Iowa S. C.)...
CALENDAR MONTH. A sentence of one calen- dar month's imprisonment expires on the day pre- ceding that day which corresponds numerically in the next succeeding month with the day on which the sentence was passed. Migotti v. Colville (Eng. App.).. 4, 193, 198 CARRIER OF PASSENGERS. Where a pas- senger refuses to pay fare, and after stoppage of train by conductor for purpose of ejecting him, ten- ders fare, a refusal to receive and an ejectment of passenger is justifiable. Hofbauer v. D. & U. Ry. Co. (Iowa S. C.).
2.-Condition that passenger carried free shall travel at his own risk; liability of company; incorporation of condition in document signed by plaintiff. Duff v. Gt. North. Ry. Co. (Ir. Ex. Div.). . 3.-Ticket taken fixes contract as to distance to be travelled; travelling beyond terminal station on ticket. Gt. Western Ry. Co. v. Pocock (Eng. Ex. Div.).
4.-Stipulation in ticket; liability of company selling ticket for accidents on connections; stipulation must be printed on ticket, and not on cover of book containing ticket. Burke v. S. E. Ry. Co. (Eng. C. P.D.)....
5.-May separate white from colored passengers. Green v. City of Bridgeton (U. S. D. C. Ga.) 6.-Negligence in running freight trains; duty of pas- senger at station as to crossing track; damages. Terry v. Jewett, rec'r (N. Y. App.) 7.-Negligence; contract undertaking to carry; ticket issued by agent. Foulkes v. Metrop. Dist. Ry. Co. (Eng. C. P. Ď.).
2.-Where a bank holds funds on deposit, it is bailee of the depositor, and cannot dispute title without showing a lawful disposition of the funds. Sebranth v. Dry D. Sav. Bank (N. Y. C. P.)..
8.-Not liable for merchandise taken as personal bag- gage; evidence. Blumath v. Fitchburg R. R. Co.
(Mass. S. C.)... 9.--Liability of, for baggage. N. Y. C. & H. R. R. Co. v. Fraloff (S. C. U. S.)
BILL OF EXCHANGE. See Negotiable Instruments. BILL OF LADING, Special indorsement; right of indorsees and purchasers. Farmers & Mech. Bank v. Hazeltine (N. Y. App)..... 2.-Transfer of transferor's right of possession of goods covered by. Heiskel v. Farmers & Mechanics' Bank (Penn. S. C.).
3.-Clause excepting liability for acts of master and crew; negligence in stowage. Hayn v. Culliford (C. P. D.)......
BONDS. Attorney's fee, stipulation for $100 as in bond, valid. Wilson Sewing M. Co. v. Moreno (U. S. C. C. Cr.).... 2.-Bondholders; rights of those lending to foreign gov- ernment; failure of purpose of loan; when major- ity may not control minority. Wilson v. Church (Eng. App.)......
3.-Fraud in procuring execution no defense to suit on bond where plaintiff had no notice before accept- ing. Dagler v. Baker (Ohio S. C.)...
4. When different suits on same bond allowable; former recovery. Orendorf v. Metz (Md. App.)...... 294 See Alteration; Suretyship.
BOTTOMRY. Practice; interest on bond, with ad- ditional premium if default is made; effect of. The Sophia Cook (Eng. Pro. Div.).....
BREACH OF PROMISE. When action will not lie against personal representatives of promisor; contract; special damages. Grubb's Admr. v. Sult (Va. S. C.)..
BURGLARY. See Criminal Law.
CARRIER OF GOODS. A deposit upon the public levee of lumber, by a railroad company, in accordance with a contract to deliver at the city in which the levee was situated, constitutes a delivery destroying lien. Reineman v. Covington R. R. Co. (Iowa S. C.)..
2.-Owner of a steamboat engaged in the business of towing is not liable as a common carrier, unless he has expressly and publicly offered to tow for all per- sons indifferently. (Ky. App.)................ CHARGE. Where there is no evidence to show cer- tain facts, a refusal of a judge to charge on the con- trary assumption is no error. Priebe v. Kellog Bridge Co. (N. Y. App.)...... CHARTER-PARTY. Demurrage; recoupment by agent of consignor against claim for freight. Elwell v. Skiddy (N. Y. App.)
CHATTEL MORTGAGE. See Mortgage. CHINESE. See Injunction. CITIES. See Municipal Corporations. CIVIL DAMAGE LAW. Evidence; it is compe- tent for defendants in mitigation of damages to show a settlement made by plaintiff with other par- ties of whom plaintiff's husband had bought liquors. Ennis v. Shirley (Iowa S. C.)..
2. For injury to means of support in consequence of intoxication, which caused death, damages resulting from the death cannot be recovered. Kirchner v. Myers (Ohio S. C.)......
3.-Defendant not liable for intoxication not caused by him. Huggins v. Kavanaugh (Iowa 8. C.).. 4.-Recovery may be had although the intoxication re- sulted in the death of the person relied on as the means of support. Roose v. Perkins (Neb. S. C.).... 382 5.-Proximate cause; where an intoxicated person is run over and killed by a railroad train, the owner of the premises where deceased obtained liquor is liable in damages. Schroeder v. Crawford (Ill.`S. C.) ... CIVIL RIGHTS. See Carrier of Passengers. CODE OF CIVIL PROCEDURE. See Execution. CODICIL. See Will.
COLLATERAL SECURITY. Liability of cred- itor for loss of. Hazard v. Wells (Buffalo Sup. Ct.).. 54 COMMON CARRIER. See Carrier of Goods; Carrier of Passengers.
CONDITIONAL SALE. Is made absolute by acts of purchaser. Delamater v. Chappell (Md. App.).. 118 CONFLICT OF LAWS. A contract by a resident of one State, made and to be perforined in another is governed by the lex loci contractus as regards its validity, and not by the lex fori. Williams v. Carr (N. C. S. C)....
276 2. Contrary Federal and State rules: State court will follow federal rule in case reviewable in U. S. Su- preme Court. Belcher v. Chambers (Cal. S. C.) ... 455 3.-Lex loci contractus depends upon the place where the note or bill is delivered from drawer to drawee, promisor to payee, or indorser to indorsee, and the
laws of the place as to usury will govern. Hart v. Wills (Iowa 3. C.).... 4.-Promissory notes governed by law of place where made and payable. Dickinson v. Edwards (N. Y. App.).. 5.-Where property has once vested in an assignee or receiver by the law of the State where the property is situated, the law of another State will not divest him of his right to it, if he should take it into such State in the performance of his duty. Pond v. Cook (Conn. S. C.)...
CONSPIRACY. Act in relation to, not revenue law. United States v. Hirsch (U.S. S. C.)..
See Criminal Law; Damages. CONSTITUTIONAL LAW. An exemption law which does not diminish value of a contract, or withdraw from liability more property in value than was exempted at the time the contract was made, is not unconstitutional. Earl v. Hardie (N. C. S. C.) 276 2.-An act denying the right to bear arms by any body of men, other than the militia of a State or United States troops, is unconstitutional. People ex rel. Bidfeld v. Affeldt (Ill. C. C.) 3.-Two years' imprisonment for an aggravated case of assault and battery is not cruel and unusual punishment, and a sentence to that effect is not unconstitutional. State v. Pettie (N. C. D. C.)...... 215 4.-Statutes for identifying ballots unconstitutional. Brisbin v. Cleary (Minn. S. C.).... 5.-Commissioners of an insolvent estate made their re- port, and no appeal was taken within time pre- scribed by law. General Assembly afterward passed a special act allowing appeal to be taken. Held that the act was constitutional. Wheeler's Ap- peal (Conn. S. C.). 136 6.-Discriminations in State procedure against non-resi- dents, constitutional. Marsh v. Steele (Neb. S. C.) 290 7.-State legislation against Chinese unconstitutional. Ho Ah Kow v. Nunan (U. S. D. C. Cal.)........ 8.-A statute providing that when a non-resident is injured by a defect in highway, and claiming dam- ages, shall not be entitled to recover if the laws of his country would deny a recovery under similar circumstances, is in conflict with the fourteenth amendment and unconstitutional. Pearson v. Port- land (Me. S. C.)...
9.-Act for compensation of railroad employees in- jured through negligence, valid. Dilberner v. Chi- cago, M. & St. P. Ry. Co. (Wis. S. C.) 10.-A statute prohibiting the sale of railroad tickets by brokers or by any person, except by the regular agents of the railroads, or by a bona fide purchaser of an unused ticket or portion of a ticket, is not un- constitutional as granting an exclusive privilege or immunity. Fry v. State (Ind. S. C.).. 11.-A statute authorizing taxing of share of National bank for municipal purposes is constitutional. Moore v. Mayor of Fayetteville (N. C. S. C.)....... 12.-Statute making sale of liquor, not the manufacture of the vendor, within a specified county, a misde- meanor; a proper exercise of legislative power. North Carolina v. Joyner (N.C. S. C.).. 13.-Statute prohibiting the sale of merchandise within one mile of camp meeting grounds not unconstitu- tional. State v. Read (R. I. S. C.)..... 14.-Statute authorizing one to sell property of another, invalid. Culbertson v. Coleman (Wis. S. C.).... 15.-Law relative to Texas cattle, invalid. Jarvis v. Rig- gin (Ill. S. C.)..
6. For a buyer to recover damages for non-delivery of goods, he must prove that he was ready and willing to receive and pay for them as delivered; and he is not relieved by the fact that the making of the con- tract sued on is denied. Simmons v. Green (Ohio 8. C.).... 7.-Implied promise; covenant against incumbrances. Norton v. Colegrove (Mich. S. C.).. 8.-Conditional acceptance; evidence; jurisdiction. Blake v. Lyon & F. Mfg Co. (N. Y. App.).. 9.-Construction of; when third party not entitled to benefit of. Burnett v. Jersey City (N.Y. Ct. of E.)... 276 10.-Public policy; agreements in restraint of trade are against public policy and void, unless the restraint they impose is partial only, and they are made for good consideration, and are reasonable. Collins v. Locke (Eng. Priv. C.).... 11.-In an action for breach of, for personal services, defendants offered to prove that plaintiff falsely rep- resented himself to be a first-class salesman;" the offer of proof was excluded as immaterial in absence of proof that the words had acquired a precise and definite meaning among business men. Blair v. Laf- lin (Mass. S. C.)..........
12.-If one who is entitled to the benefit of a contract can by resonable dilligence and ordinary prudence protect himself from loss by reason of a breach of, he is bound to do so. Eureka Marble Co. v. Windsor Mfg. Co. (Vt. S. C.).... 13.-Personal property, conditional sale of; payment by installments. Hegler v. Eddy (Cal. S. C.). 14.-Oral evidence of previous colloquium or under- standing of the parties to a written contract inad-- missible; acceptance under a sale conditional on approval of the articles sold; conditional sale made absolute by the acts of the purchaser. Delamater v. Chappell (Md. App.)...
17.-Immaterial false representations will not impair. Hall v. Johnson (Mich. S. C.)... 18.-Implied promise; payment of debt of another; taxes on land held by litigated title. Goodnow v. Moulton (Iowa S. C.).. 19.-Infant not liable on, although falsely representing himself to be of age. Whitcomb v. Joslin (Vt. S. C.). 294 20.-Parol, construction of, to vary contract under seal. Chesapeake & O. C. Co. v. Ray (S. C. U. S.).. 21.-In restraint of trade as to particular places, is valid. Smalley v. Greene (Iowa S. C.).... 22.-Release obtained by fraud; when consideration need not be paid back to rescind contract. Mullen v. Old Colony Railroad (Mass. S. C.)... 23.-In contracts for successive deliveries the vendor cannot fail in the earlier deliveries and still hold the purchaser for the later ones. King Philip Mills v. Slater (R. I. S. C.).......
16.-Limitation of judicial office by age, limits term. People ex rel. Joyce v. Brundage (N. Y. App.)..... 473 17.-School-house, temporary use for religious worship, not forbidden by Constitution. Nichols v. School Directors. (III. 8. C.)...........
See Action; Criminal Law; Statutory Construction; Trade-Mark.
CONTEMPT, Disregard of notice of injunction by telegraph, when not. Ex parte Smith v. Langley (Eng. App.).................
CONTRACT. Action of, does not lie upon an al- leged conspiracy to obtain money by forgery. Nat'l Trust Co. v. Gleason (N. Y. App.)..
2.-Gambling contracts. Sales on corn-exchange; pro- duce brokers; agency. Gregory v. Wendell (Mich. 8. C.)
3. For purchase and sale of goods not necessarily a wagering transaction because goods were not de- livered, although part payment had been made. Kingsbury v. Kirwan (N. Y. C. P.)......
24. Sale of liquors made in one State with delivery in another. Keinert v. Meyer (Ind. S. C.)..... 25.-Tourist's railroad ticket not transferable. Langdon v. Howells (Eng. Q. B. Div.).....
28.-When in a contract for manufactured articles something remains to be done by the vendor which requires co-operation of purchaser, and the pur- chaser refuses to perform, the contract price cannot be recovered. Moline Scale Co. v. Beed (Iowa S. C.). 515 See Action; Agency; Damages; Deeds; Evidence; Infancy; Interest; Statute of Frauds; Statute of Limitations; Sunday; Vender and Purchaser.
CONVERSION. Defendant surreptitiously obtained possession of bonds on which there was a lien of his receiver. Held, that this was a conversion of personal property; the plaintiffs were entitled to a share of the proceeds to the amount of their lien, and that a denial of a motion to discharge order of arrest was correct. Hovey v. McDonald (N. Y. Superior.)......
CONVEYANCE. When one of two land-owners holding property under a common title takes pos- session of a portion of adjoining land by mistake, believing it to be within his own boundary, he does
not claim, under a title adverse to that of the other. Gorman v. Birmingham (Buffalo Sup. Ct.).. COPYRIGHT. One co-owner of a copyright in an opera, cannot grant license to perform. Powell v. Head (Eng. Ch. D.)... CORPORATIONS. Railroad forfeiture of charter, rights of lessee of part of franchises. People v. Albany & Vt. R. R. Co. (N. Y. App.)... 2.-Evidence; conversation of officers to show transac- tions is competent. Pierson, rec. v. Atlantic Nat'l Bank (N. Y. App.)....
3.-Subscriptions to stock must be paid in money. Boyd v. Peach Bottom R. R. Co. (Penn. S. C). 4.-Agreement to subscribe to stock, how enforced. Mt. Sterling Coal Co. v. Little (Ky. App.) 5.-Transfer of stock by indorsement and delivery; Rights of execution creditors as against holder of stock as collateral security. People's Bank of Bloomington v. Gridley (Ill. S. C.)...... 6.-Stock in a bank or other corporation standing in name of a defendant in an execution is not liable to be sold as his, if it actually belongs to another, although the rules require that the transfer be made in favor of officers and in books of corporation. Oerther v. First N. Bk. (Penn. C. P.) 7.-Power of Congress to alter corporate charter granted by it. Union Pacific R. R. Co. v. United States (U.S. S. C.)..
8.-Power of Congress to alter corporate charter grant- ed by a State. Central Pacific R. R. Co. v. Gallatin (U. S. S. C.)....
9. The possession of a receiver of an insolvent corpo- ration is that of the court, and he will be protected in the discharge of his duties. In re Atty.-Gen. v. Guardian Life Ins. Co. (N. Y. App.).... 10.-Stockholders not liable as partners. Second Nat'l Bank of Cincinnati v. Hall (Ohio S. C.)
11. Statutory liability of officers of; statute strictly construed. Providence Stm. E. Co. v. Hubbard (U. 8. S. C.)....
CRIMINAL LAW-Continued. 14.-Embezzlement; indictment for, containing one count where proceeds of different notes were em- bezzled, prosecutor need not elect upon which sum the State will rely for conviction. Campbell v. State (Ohio S. C.).............. 15.-Evidence of good character of accused is always for consideration of jury. State v. Northup (Iowa 8. C.). 16.-Conspiracy; order of evidence in; acquital of one conspirator, evidence for another subsequently tried. Bloomer v. State (Md. App.)
17.-Conspiracy; defendants may demand separate trials. Casper v. Wisconsin (Wis. Š. C.). 18.-Constitutional law State has jurisdiction as to crimes of Indians on Indian reservations within it. State v. Doxtator (Wis. S. C.) 19.-County is not bound, in absence of statutory provi- sion, to pay fees and expenses of counsel assigned by court to defend prisoner charged with crime. Wayne Co. v. Waller (Penn. S. C.).... 20.-Ignorance or mistake in fact, guarded by an honest purpose, will afford at common law a sufficient ex- cuse for a supposed criminal act. Farrell v. State (Ohio S. C. Com.)
21.-Evidence; confession of crime uncorroborated, in- sufficient to convict. May v. People (Ill. S. C.).. .. 356 22.-False pretenses; what indictment must state. Redmond v. State (Ohio S. C.).... 298 23.-Forgery of receipt; when the instrument set out is not prima facie a receipt, such extrinsic facts must be averred as are necessary to show that the instru- ment would, if genuine, have the effect of a receipt. Henry v. State (Ohio S. C.). 24.-Forgery of receipt; a receipt on "acquittance;" form of indictment. State v. Shelters (Vt. S. C.)... 396 25.-Forgery, not necessary to constitute, that either
the payee or drawee be named in instrument. Iowa v. Bauman (Iowa S. C.).... 26.-Former acquittal; what does not constitute. Irwin V. Texas (Tex. App.)... 27.-Rendition offugitives; false imprisonment. Lerina v. State (Ga. S. C.)..... 28.-Intoxication in itself is no excuse for the commis- sion of a homicide, nor is insanity immediately pro- duced by intoxication, when the patient when sane made himself voluntarily intoxicated. Schlenker v. State (Neb. S. C.).. 29.-Larceny; what sufficient asportation. North Caro- lina v. Green (N. C. S. C.).. 30.-Larceny; one working land on shares will not be guilty of, as to crop. Bell v. State (Tex. App.)..... 438 31.-Larceny and embezzlement, distinction between. Commonwealth v. Doherty (Mass. S. C.).... 32.-Distinction between larceny and false pretenses. Zink v. People (N. Y. App.)...
COUNSEL. See Criminal Lawo.
COUNTY. See Criminal Law.
COUNTY COURT. Power of, to order the refund- ing of a tax illegally assessed. In re Petition of New York Catholic Protectory (N. Y. App.).... COURTS-MARTIAL. Decisions of, binding on civil courts. Ex parte Reed (U. S. S. C.)... COVENANT. Assessment for betterment an incum- brance. Smith v. Carney (Mass. S. C.).... 2.-Restrictive; right of assignee of covenantee to sue; Covenant running with the land. Renals v. Cowlin- shaw (Eng. App.).. 3.-Validity of, waiving exemption. Fejavary v. Broesch (Iowa S. C.).....
CRIMINAL LAW. Adultery; divorce procured by fraud no defense. Iowa v. Whitcomb (Iowa S. C.).. 416 2.-Owner of adjoining land may abate an affray by force. State v. Davis (N. C. S. C.).... 3.-Embezzlement; agent employed by indorsee to collect notes is an employee within meaning of Embezzle- ment Act. Campbell v. State (Ohio S. C.)..... 4.-An assault with a deadly weapon in such a manner that the ordinary and probable result would be death, the law will presume that the intent was to take life. State v. Sullivan (Iowa S. C.)..... 5.-Prior hostility cannot authorize the use of a deadly weapon in a present quarrel. State v. Sullivan (Iowa S. C.)... 6.-Bail; statute does not restrict the power of admit- ting to bail to justices in the county where prisoner is indicted. People v. Clews (N. Y. App.)... 7.-Bastardy; testimony as to paternity must be posi- tive. Baker v. State (Wis. S. C.).. 8.--Bastardy; proof must follow complaint; variance. Hull v. People (Mich. S. C.).... 9.-Bastardy; evidence in, need not be beyond a rea- sonable doubt. Seman v. People (Mich. 8. C.)... 516 10.-Married woman cannot obtain a summons against the putative father of her bastard child. Tozer v. Lake (Eng. C. P. D.)... 11.-Bigamy; indictment; pleading exception to statute. Barber v. State (Md. Ct. App.) 12.--Burglary; proof of larceny when warranting general verdict. State v. Bishop and St. Clair (Vt. S. C.)... 516 13.-Conspiracy to slander indictable. State v. Hick- ling (N. J. 8. C.)...
40.-Rape; intercourse with female under twelve years, by consent, is. Lawrence v. Commonwealth (Va. S. C. App.)... 277 41.-Rape; indictment in substance following the stat- ute, insufficient. People v. Girr (Cal. S. C.)... 42.-Trial; in the absence of a showing of prejudice, by momentary absence of juror before verdict, the sepa- ration is not such as to vitiate verdict. State v. Ward (Iowa S. C.).... 356 43.-Trial; furnishing intoxicating liquors to jury may invalidate verdict. Tuttle v. State (Tex. App.). 377 44.-Trial; charging of facts to jury. People v. Buster (Cal. S. C.).
49.-Violation of city ordinance is not "crime." City of Kansas v. Clark (Mo. S. C.)..
DAMAGES. In an action for assault and battery, damages are not mitigated by criminal proceedings. Redden v. Gates (Iowa S. C.).... 2.-In suit for,for bodily injury, jury may take into con- sideration compensation for physical and mental suffering. McIntyre v. Giblin (S. C. U. S.)... 8.-Conspiracy, where a number of men engaged to do piece work, stop work simultaneously and return work unfinished, they are liable in an action for damages. Mapstrick v. Ramge (Neb. 8. C.) 4.-New trial for insufficient; under what conditions may be granted. Phillips v. South Western Ry Co. (Eng. App.) 5.-Power of court to grant new trial for insufficiency of damages. Phillips v. South Western Railway Co. (Q. B. Div.).... 6.-Where defendant in consideration of discontinu- ance of proceedings of dispossession agreed in liqui- dated damages to vacate premises at a certain time, and when that time arrived refused to vacate, plaint- iff may recover damages and costs and expenses of proceedings. Schemehorn v. Carter (N. Y. C. P.).. 97 7.-A steamer that while altering her course to avoid one barge collides with another not carrying a light is not liable for damages. The Swansea v. The Con- dor (Eng. App. P. D.).. 8.--Measure of, in breach of contract to supply machine. Eureka Marble Co. v. Windsor Mfg. Co. (Vt. S. C.)..353 9.-Breach of contract of sale; when special damages allowed. Hammer v. Schoenfelder (Wis. S. C.).. 10.-Measure of, conversion. Hiort v. London & N. W. Ry. Co. (Exch. Div.)... 11.-Measure of, in contract for service; burden of proof. Oldham v. Kerchner (N. C. S. C.). 12. Measure of, in action for wrongful conversion. Ingram v. Rankin (Wis. S. C.). 13.-In an action for trespass and trover, where defendant abandoned a first attachment and seized and sold the property on a second, the plaintiff is entitled to damages for original taking of goods and for their detention until second attachment. Lazarus v. Ely (Conn. S. C.).
See Carriers of Passengers; Civil Damage Law; Con- stitutional Law; Contract; Easements; Emi- nent Domain; Municipal Corporations; Negli gence; Nuisance; Partnership; Proximate and Remote Cause; Real Estate; Seduction; Warranty. DEEDS. Condition in, forbidding sale of intoxicat- ing liquors not unlawful or against public policy; rights of corporations. Cowell v. Colorado Springs Co. (U.S. S. C.).... 2.-Construction; lands excepted not described. John- son v. Ashland Lumber Co. (Wis. S. C.)............ 8.-Where a covenant by a grantor is made merely for his heirs, executors and administrators, and not for himself, he is not personally liable on the covenant. Craft v. Day (Iowa S. C.)....... 4.-Destruction of unrecorded one does not revest title in grantor. Jeffers v. Philo (Ohio S. C.)... 413 5.-Effect of exceptions in. Irons v. Webb (N. J. S. C.). 394 6.-Grant of prescriptive rights by; flowage; reference to ancient deeds. Daniels v. Citizens' Sav. Inst. (Mass. S. C.)... See Foreclosure; Record. DISTRIBUTIONS. See Statute of Distributions. DIVORCE. A mensa et thoro, what necessary to enti- tle a wife to. Sower's Appeal (Penn. S. C.)..... 2.-A mere separation by mutual consent is not deser- tion by either party; cruelty that authorizes is any thing that tends to bodily harm and renders cohabi- tation unsafe. Latham v. Latham (Va. App.)...... 158 8.-When a wife commits adultery after separation from her husband he is entitled to a divorce. Tew v. Tew (N. C. S. C.)..... 4.-Although the fact that a married man is seen to enter a house of ill-fame is strong evidence of the crime of adultery, yet it is not of itself conclusive, and the act is open to explanation. Latham v. Latham (Va. App.)... 8.-Leaving the house at request of wife does not amount to desertion. Kestler v. Kestler (N.J.Ch.). 323 See Criminal Law.
DOMICILE of a legitimate unemancipated minor is, if his father be alive, the domicile of the latter. Blumenthal v. Tannenholz (N. J. Ch.)...... DYING DECLARATIONS admissible only when the death of declarant is the subject of the charge, and circumstances of the death are the subject of the dying declarations. State v. Harper (Ohio S. C.).......
2.-May be had in signboard on adjoining tenement. Moody v. Steggles (Eng. Ch. Div.)...... 3.-Owner of a dwelling-house cannot claim, as against adjoining occupier, a prescriptive right, either by statute or common law, to have a free access of air to his premises. Bryan v. Lefevre (Eng. App.) See Nuisance; Vendor and Purchaser. EMBEZZLEMENT. See Criminal Law. EMINENT DOMAIN. In an action for an injury to abutting property by reason of the construction of a railroad on a public street or highway, plaint- iff's title may be established by proof of adverse possession. Lawrence R. R. Co. v. Cobb (Ohio S. C.). 337 2. Where a railroad company, in advance of proceed- ings to obtain right of way, enters upon lands and constructs its road, when proceedings are instituted the value of the improvements made by company are not to be included in estimating the value of the land. Greve v. First Div. St. Paul & Pacific R. R. Co. (Minn. 8. C.) . . .
3.-Railroad to cross another railroad, right of; prac- tice. Matter of Boston, H. T. & W. R. R. Co. (N. Y. App.)....
4.-Power of railway company to divert non-navigable river. Pugh v. Golden Valley Ry. Co. (Eng. Ch. Div.), 295 5.-Where a railroad is laid, without plaintiff's consent, over a street adjoining plaintiff's land, to the center of which he owned the fee, the measure of damages is the pecuniary loss which the trespass had caused plaintiff in the use and enjoyment of his property when the suit was commenced. Blesch v. Chicago & N. W. Ry. Co. (Wis. S. C.).... 6.-Waiver; railroad crossing another railroad; exclu- sive use. Matter of Boston, H. T. & W. R. R. (N. Y. App.)..
7.—All damages to land must be claimed in proceedings to acquire it. Harlow v. Marquette, H. & O. Ry. Co. (Mich. S. C.).... 8.-Where mortgaged land is taken by agreement with mortgagor, the improvements belong to land, and are subject to foreclosure. Price v. Weehawken Ferry Co. (N. J. Ch.) ........
9.-An objection by owner of the soil that the premises were intersected by streets, without the control of which petitioners would be unable to carry out their plans, and that the order of condemnation gave them no such right, is untenable. In re Application of N. Y. C. R. R. Co. (N. Y. App.).... 53
EMINENT DOMAIN. See Title. ESTATES (customary). Owners of customary es- tates in the Isle of Man having exercised a right, from time immemorial, to dig clay and sand on their lands from open workings, the crown, as lord of the isle, has no right to the same. Attorney-General v. 190 Mylchreest (Jud. Com. Priv. C.)...
ESTOPPEL. See Mortgage; Municipal Corporations; Negotiable Instruments.
EVIDENCE. Court will take judicial notice of the almanac, as well as the law merchant, in computing time of note. Reed v. Wilson (N. J. S. C.).. 2.-An assignment of a cause of action directly from husband to wife is valid as between the parties. Seymour v. Fellows (N. Y. App.).. 117 8.-Effect of improper admission of declaration by court or referee. Foote v. Beecher (N. Y. App.).... 255 4.-Entry on book account not conclusive as to one making it. Lyon v. Chamberlain (Mich. S. C.)...... 275 5.-Procuring goods by false pretenses; evidence of similar representation to others to prove falsity was excluded for that purpose, but admitted to show knowledge of falsity at the time of the commission of the act. Held error. People v. Spielman (N. Y. App.)....
6. Character of deceased in murder trial, when proof of, admissible. Hudson v. State.... 7.-Threats made previous to homicide by deceased, unless made in presnce of defendant, and evidence tending to show his desperation of character, are Incompetent. State v. Sullivan (Iowa S. C )..... 8.-Confession to one in authority without induce- ments, admissible. Wolf v. Comm. (Va. App.).... 9.-Where part of a conversation has been given, any other or further part may be given in reply, which would in any way explain or qualify the part first given. Platner v. Platner (N. Y. App.)....
293 10. In an action for damages, it is not competent to introduce evidence showing that representations were made to other parties than those mentioned in complaint. Whitemore v. Patterson, ex'r (N. Y. C. P.).. 11.-Corporation, conversation of officers while in dis- charge of their official duties, is competent evidence to show transactions. Pierson, rec'r, v. Atlantic Nat. Bank (N. Y. App.)..
12.-In suits for divorce the rules of evidence are the same as in other suits in equity, except that the bill shall not be taken for confessed, and the cause must be heard independent of the admissions of either
party on the pleadings. Latham v. Latham (Va. App.)...... 13.-Testimony of party as against executors. Ham- mond v. Schultz (N. Y. Superior)...
14. Admission in evidence of a question to a medical expert, the solution of which does not require pro- fessional or scientific skill, is error. People v. Smith (Cal. S. C.)
15. On the trial of a prisoner, a letter purporting to have been written by him was introduced, and another letter written by him at dictation of offi- cers, for the purpose of proving first letter by com- parison, held to be error. State v. Miller (Wis. S. C.) 16.-Parol is admissible to show a collateral agree- ment between vendor and purchaser that gas-fix- tures shall pass with a house, although purchased under a written agreement. Heysham v. Detre (Penn. S. C.)........... 17.-Parol admissible to show circumstances of indorse- ment. Hamberger v. Miller (Md. App.).. 18.-Parol is admissible to show mistake or misappre- hension in written contract. Ford v. Joyce (N. Y. App.)... 19.-Parol contrac, contemporaneous with written one may be shown. Chapin v. Dobson (N. Y. App.)..... 274 20.-Parol to contradict contract under seal, not admis- sible. Bast v. First Nat. Bank (U. S. S. C.)..... 513 21.-Patent cases, opinions of experts as to whether two mechanical cructures are identical in principle, are admissible and competent. Tillotson v. Ramsay (Vt. S. C.) 22.-Physicians, construction of statute prohibiting, from disclosing information acquired by them_in attending patients in a professional capacity. Ed- ington v. Etna L. Ins. Co. (N. Y. App.)... 23.-Oral evidence of previous colloquium or under- standing of the parties to a written contract, inad- missible. Delamater v. Chappell (Md. App.)... 24. Oral testimony is admissible to prove that the in- dorser, as between himself and maker, at time of indorsing a note in blank, waived demand and notice. Dye v. Scott (Ohio S. C.) 25.-Statements by others in presence of accused. Peo- ple v. Ah Yute (Cal. S. C.)....... 26. In a suit for damages to means of support by reason of intoxicating liquors sold continuously, defend- ant may offer evidence to show that the intoxicated party bought liquors from other parties. Kirchner V. Myers (Ohio S. C.)...
27. Subsequent reversal of judgment relied on to show breach of covenant. Smith v. Frankfeld (N. Y. App.)....
28.-Testimony based upon memorandum of dying declaration not signed by deceased is incompetent. State v. Sullivan (Iowa S. C.)... 29.-Vendor, declarations of, after sale, do not affect vendee. Benson v. Lundy (Iowa S. C.).... 30. Where in a will a father describes a child as "my son or reputed son," and afterward as "my said reputed son," it must be admitted as evidence of illegitimacy of child. Murray v. Milner (Eng. Ch. D.). 378 See Carriers of Passengers; Civil Damage Law; Crimi
nal Law; Dying Declarations; Eminent Domain; Insurance; Landlord and Tenant; Negotiable In- struments; Practice; Slander and Libel. EXCISE. See Criminal Law. EXECUTION. Section 572 of the Code of Civil Pro- cedure, relating to executions against the person, applies only to defendants in actual custody and those out on bail. Schmidt v. Heitner. (N. Y. Su- perior)
76 2.-Levy on unripe crop. Burleigh v. Piper (Iowa S. C.). 355 3.-Personal property, a sale of, under an execution in conformity with the statute, without fraud, con- veys to purchaser a good title without change of pos- session. Fitzpatrick v. Peabody (Vt. S. C.) 4.-Seat in stock exchange not liable to. Pancoast v. Gowen (Penn. S. C.) 414
FALSE PRETENSES. See Criminal Law; Evidence. FIDUCIARY RELATIONS. Appropriation of payment; rule in Clayton's case; trust moneys; two sums paid in on same day, but entered separately; ear marked. Re Hallett's estate (Eng. Ch. Div.).... 398 2.-Is one in respect of which, if a wrong arise, the same remedy exists against the doer, on behalf of the plaintiff, as would exist against a trustee on behalf of the cestui que trust. Re West of Eng. & S. W. Dist. Bank (Eng. App.)..... 100
FIXTURES. A boiler in sections not attached to building was sold by defendant to owner of build- ing with the agreement that boiler was to remain personal property until paid for; owner afterward mortgaged to plaintiff, who had no knowledge of agreement, the property including boiler, held, not to affect mortgagee. Southbridge Savings Bank v. Exeter Machine Works (Mass. S. C.)..
2.-Gas-fixtures and portable furnace not part of realty. Towne v. Fiske (Mass. S. C.)... FORECLOSURE. Setting aside of sale under trust deed. Clark, Trustee, v. Freedman's S. & T. Co. (U, S. S. C.).....
See Mortgage; Mechanics' Lien.
FOREIGN STATUTE. See Replevin. FORGERY. See Criminal Law. FORMER ADJUDICATION. Adjudication, in- volving authority to sue, upon an order to show cause is final until reversed. Carpenter v. Allen (N. Y. Superior.)...........
HABEAS CORPUS. See Extradition. HIGHWAY. A person riding a bicycle on a highway at such a pace as to be dangerous to the passers-by may be convicted of furiously driving a carriage, under 5 & 6 Wm. 4, ch. 50, 8 78. Taylor v. Good- win (Q. B. D.)..... HIGHWAYS. Commissioners of, pledgee of tolls may sue therefor. Long v. Fox (Buffalo Sup. Ct.)... 54 See Negligence.
HOMESTEAD liable for debts of owner only under section 1993 of the Code. Rutt v. Howell (Iowa S. C.)... See Constitutional Law; Exemption.
3.-The Married Woman's Act abolishes the tenancy by entirety so that in a case of a grant to husband and wife they take as tenants in common, and survivor does not take whole estate. Meeker v. Wright (N. Y. App.)........ 203
See Assignment; Evidence; Insurance (Life); Mort- gage.
INDICTMENT. Election of count; when it appears that the charges relate to the same transaction modi- fled to meet the proof, prosecutor will not be re- quired to elect. Candy v. State (Neb. S. C.)......... 17 See Criminal Law; Embezzlement. INDORSEMENT by two or more persons may be Joint, as where in partnership or otherwise joint payees are indorsers; but in other cases, where there are two indorsements in succession, they are several. Hale v. Danforth (Wis. 8. C.)......... INFANCY. Infant may disaffirm contracts; when return of money paid infant on, not necessary to disaffirmance. Miller v. Smith (Minn. S. C.) ... 419 See Contract.
INJUNCTION. Chinese labor; a State has no power to interfere with, or in any way limit the operation of, a treaty of the United States (U. S. C. C. Or.)... 206
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