« PreviousContinue »
Constitutional Limitations, Cooley, 339.
" of Nevada Reports, Hawley, 500.
" United States, Vol. 8, Abbott, 39.
" Reports, Vol. 65, Skinker, 139.
“ Reports, Equity, Siewart, 480,
Vol. 5, 312.
Michigan, Vol. 37, Chaney, 419.
" Court of Appeals, Vol. 3, Berry, 240.
Texas Appeals, Vol, 3, Jackson, 200.
Suretyship and Guaranty, Law of, Brandt, 299.
Testamentary Law, Hinkley, 339.
Wells on Res Adjudicata, 319.
isfactory to the principal, produces a party ready to
(See EviDEI CE.]
[See also CRIMINAL LAW AND PROCEDURE.)
The question of intent in, 261.
church must be aver red, 398.
(see also NEGLIGENCE; RAILROADS. I
that the article carried is intended for market, and un-
depreciation will constitute the measure of damages, 74.
for services, 81.
aground held the “acı of God,” 343.
Casual carrying of arms not indictable, 187.
(See APPEALS AND APPELLATE PROCEDURE.)
[See PLEADING AND PRACTICE; EQUITY.!
(See NATURALIZATION LAWS.]
(See NEGOTIABLE AND ASSIGNABLE PAPER.)
toxicated person can not be recovered; criticism of
compensation for mental suffering and anguish, 77.
husband, when, 77.
sonable doubt, 378.
Evidence under Ohio law, 415.
(Seo DEEDS; SALE8.)
(See PLEADING AND PRACTICE.)
[See CRIMINAL EVIDENCE.]
(See PRIVATE INTERNATIONAL LAW.]
Bale was made in pursuance thereto, 138.
house where the identity of the house became material, testimony of another to the effect that the prosecuting witness, when taken to a particular house, pointed out & certain room and closet as the place where she was contined, irrelevant, 456. Prisoner examined on his own behalf not compelled to
disclose confidential communications between himself
and attorney, 316. CRIMINAL LAW AND PROCEDURE.
[See also the various special titles.] A conviction for burglary with intent to commit larceny will bar a subsequent prosecution on an indictment for the same larceny. State v. De Graffenried, with note,
CORPORATIONS-Continued. Liability of stockholders for labor done for the corpora. tion only contingent; debtor accepting note of corportoration, extending time of payment of claim, relieves stockholder 274. Duty of, under Wisconsin statute, to keep their principal
place of business where created, 278. Liability of stockholders; pleading; duplicity, 319. President of railroad no power to bind corporation by
executing mortgage on road, 379. Contract made with foreign: corporation before it has
complied with state laws, void as to third parties, 379. On transfer of shares, corporation is bound to use care in
the issue of certificates, and if, by the form of the certificate, or otherwise, the corporation has notice that the present holder is not the absolute owner, but holds the shares by such a title that he may not have author. ity to transfer them, the corporation is not obliged, without evidence of such authority, to issue a certifi
cate to his assignee, 417. Innocent purchasers of shares, fraudulently issued, not
liable; remedy of corporation is against perpetrators of the fraud in their individual capacity. Foreman v. Bigelow, 430. Limitation in suit by assignee in bankruptcy to charge
shareholders of corporation, Ibid. When number of shares and amount of stock is fixed,
whole stock must be subscribed before any call can
lawfully be made, 436. OOSTS.
[See PLEADING AND PRACTICE.) CO-TEYANCY. One tenant can not recover from his co-tenant for ap.
propriation by the latter directly to his own use of the products of the common property, where there is no agreement between the parties making the latter liable to the former on account of such appropriation, and where the latter has not excluded the former from the enjoyment of the common property. Kean v. Connolly,
186. But taxes paid may be set-off. Ibid.
Trover by co-tenant or mortgagee of chattels, 197. COUNTERCLAIM.
[See PLEADING AND PRACTICE.] COUNTERFEIT MONEY.
(See PAYMENT.). COVENANTS. [See Deeds; LANDLORD AND TENANT; VENDOR AND
(See the various special tltles.) ORIMINAL EVIDENCE. On indictment for rapo, prisoner can not be forced to tes.
tity that he visited houses of illfame and gambled, 17. While evidence of the com nission of one crime is incom
petent on the trial of a party for another and distinct offense, merely for the purpose of inducing the jury to believe that defendant is guilty of the latter because he coinmitted the former, yet evidence which tends directly to show the defendant guilty of the crime charged, is not rendered incompet-nt because it also tends to prove him guilty of another and entirely dif
fereul offense, 118. Dying declarations of witness to homicide not admis
sible, 178. Letter written by prisoner to wife, and in custody of third
person, admissible against him, 275. Degree of evidence necessary to support alibi, 314. Declarations of co-conspirators, 314. In prosecution of wife for assault on husband, latter
competent witness for slate, 316. The examination of accused persons, 320. Where part of a conversation is given in evidence, pris
oner is entitled to have the whole given, 435. Where self defense is relied on to justify homicide, the
relative strength and temper of the parties, and other personal qualities not capable of any description, ex. cept by opinion, may be shown by witnesses familiar with them and capable of forming opinions, 438. Also, that the assailant was a powerful man of danger
ous t mper, who had threatened defendant, and that
the latter appeared to be in fear. Ibid. Expert testimony as to the effect of a pistol shot upon
clothing. Ibid. Evidence of the defendant's good character can not bo met by evidence of an act of violence against another
at a different time and place, 139, Law does not presume that the more proximity of third persons determines that there is not extreme danger in a violent attack, 439.
Where it was proved in a criminal case that the bailif who had the jury in charge, and who had testified on the trial for the state, was with the jury in their room the greater part of the time while they were delibera. ting on their verdict, and no explanation was made of the presence of the officer, and the state did not show the prisoner's rights were not prejudiced thereby: held, that the verdict should be set aside and a new trial
granted, 9. Comments in public papers to the prejudice of defend.
ant ground for change of venue, 76. Construction of Iowa statute as to cancelling mortgaged
chattels, 76. Trial of challenge to the array of the petit jury by the court and not by triers appointed for that purpose, not
error, 98. Indictment which alleges that a threat was made against
two persons does not charge two offenses, 98. In prosecutions commenced by affidavit, andavit may be
amended; distinction beiween indiclinents and infor: mations as to amendments, 116, Where a clerk has omitted to sign and seal jurat to affi
avit verifying information before defendant pleads, he may do so before jury is called, 117. Change of venue in a criminal case, on account of the
bias or prejudice of the inhabitants of the county against the defendant, can only be had when the existence of such bias or prejudice is shown to the satis
faction of the court, 118. Not error to send jury under charge of officer to view
scene of crime, though neither judge, attorney nor
prisoner accompanied them, 118. While the jury were in their room considering their ver.
dict, one of their number being wanted as a witness was brought by the sheriff, under direction of the court. into the court room, sworn and examined as a witness, and then returned to his fellows in their room: Held,
no error, 118. Right of court to manacle prisoner during trial, 121. Circuit court commissioner no power to hear application
for discharge of prisoner held under sentence of court,
179. Misnomer of prison in sentence no ground for discharge
of prisoner, 179. Effect of surplusage in verdict, 197. A verdict of acquittal, in a misdemeanor case obtained
by fraud, may be set aside by mandamus and defendant
bo put again on trial, 214. When accused has counsel, it will be presumed that ir
regularities did not occur in the proceedings, in the absence from the record of exceptions to such alleged
irregularities, 213. Not necessary that form of the oath taken by jury should
be copied in the record: eumcient that it appears Jury
were duly sworn, 213. It must appear on the record that the per-on tried for
felony was personally present during the trial, 213. No objection to witness for the prosecution that his namo
does not appear at foot of indictinent, or that he had not been suin moned, or that no notice was given ac.
cused of intention to examine him, 213, Construction of Tennessee Ku Klux act as to going in
disguise on another's premises, 221. When challenge said to be submitted, 238. Examination of juror by judge; juror's opinion of guilt.
234. Costs in misdemeanor cases (Kas.), 234. When sealed verdict is handed in by jury at night and
they then separate, in order to be legal, it must be or. ally and publically stated by the foreman in opan
court on reassembling. Com. v. Tobin, 265. A verdict which has never been spoken by the jury can
not be implied from the mere omission of the jury to contradict the statement of the clerk as to what verdict has been rendered, or from the silence of the prisoner and his counsel. Ibid. Effect of neglect of judge to sign instructions and file
papers for bill of exceptions, 275,
CRIMINAL LAW AND PROCEDURE-Continued. One convicted in a court of record of an offense cogniza. able by a justice can have no severer sentence than a
justice could impose had he tried him, 298. A sentence merely excessive is to be reversed for the
excess only, 298. "Poisonous and noxious substances;" meaning of this
term in California statute, 314. Presumption of coercion of wife, 335. Obtaining release of judgment by falsely pretending to
have ability to discharge it, not indictable, 344. A person may in the same act commit more than one orime. Thus, a city ordinance which provides for punishing an act which is already a crime under the gen. eral laws of the state, does not deprive the circuit court of ils jurisdictiou to indict and try persons who are guilty under the ordinance for a violation of the stale law, 319. Five years imprisonment in state prison for petit larceny
is excessive, 419, A person may be convicted of an offense committed out
of the state, 421. Upon trial for nurder in the first degree, verdict of
guilty of murder in the second degree, without expressly acquitting the defendant of murder in the first degree, is good, 410. The use of the word “feloniously” in an indictment, 440. Statute of limitations need not be pleaded, but may be
shown in arrest, 461. Indictment for making deed for lands previously sold by same person must describe specifically the lands so as
to identify them, 479. Under indictment for burglary and larceny, where value
of goods stolen is not stated, and larceny was commit. ted in the perpetration of burglary, no conviction can
be had for the larceny, 479. Record must show twelve jurors present when verdict
was rendered, 499. Facts taking case out of the statute of limitations should
be pleaded, 499. A being in Iowa shoots across the state line and kills B who is in Missouri. Where is A triable? Query, 19.
Answer, 19. If A being in Illinois shoot across slate line and mortal.
ly wound B in Missouri, who goes into Iowa and dies,
where is A triable? Query, 59. Answer, 160. CUSTOM. That outgoing tenant of a farm shall look exclusively to the incoming tenant and not to landlord for compensa. tion for seeds, acts of husbandry, tillages, etc., unrea.
sonable and bad, 16. Stock exchange customs when unreasonable, 134. Quantum of evidence required to prove custom, 355. Usages of trade; leading article, 383, Legality of custom not a question for the jury, 458. Visitor bound by rules of board of trade when trading
thereon, 458. DAMAGES.
[See, also, CIVIL DAMAGE LAW8; NEGLIGENCE.] Measure of, on breach of mortgagor's covenant with
grantee to pay mortgage, 197. The constitutionality of punitive damages. Brown v.
Swineford, 208. On breach of warranty, 279. Some cases in which excessive damages have been dis.
cussed and determined, 283. In action for trespass for unlawful conversion, 301. Damages where there is no other substantial element
than physical suffering. Hagan's case, 311, and see 459. Conversion; innocent purchaser; measure of damages;
article by F. L. W. 442. DAYS. The legal status of the 29th of February. Helphenstine v. |
Vincennes Nat. Bk., 27. Criticism of this case, so. Where deposition is required to be filed at least one day before trial, both the day on which the deposition is filed and the day of the trial are to be excluded in computing the time, 117. Judicial order requiring payment within a certain num.
ber of days, ineans so many days after service, 298. DECLARATION.
(See PLEADING AND PRACTICE.] DEDICATION OF LAND.
(See HIGHWAYS,) DEEDS.
(See, also, MORTGAGES; VENDOR AND PURCHASER.) Variance between habendum and premises, 59.
corroberated testimony of grantor, 193. Covenant against incumbrances a present engagement
that grantor has an unincumbered title, and not a cor.
enant of indemnity, 201. Covenants as to title do not cover patent defects, 256. Where a grantee assumes payınent of an outstanding mortgage he is charged with a personal liability to the owner of the mortgage, which can not be released by the grantor, after it has become known to the party intend.
ed to be benefited. Whiting v. Gearty, 307. Effect of delivery of deed, 336. Where a deed absolute on its face is execated, and at the
same time the grantec executes to the grantor a defea. sance, if, subsequently, upon a new and valid consid. eration between the parties, the grantor voluntarily surrenders to the grantee such defeasance for cancel. lation, the title of the grantee is thereby rendered ab. solute and discharged of all conditions. Wilson v.
Carpenter, 367. In Illinois there can be no recovery in an action of covenant for breach of the covenant or warranty, in a case where the land conveyed is and ever has been vacant and unoccupied, without showing more than an existing paramount title in another. There must be an
eviction actual or constructive. Scott v. Kirkendall 386. Covenant of warranty; notice of paramount title, 156. DECLARATION.
[See PLEADING AND PRACTICE.) DECLARATIONS.
(See EVIDENCE.) DEFAULT.
[See PLEADING AND PRACTICE.) DEFEASANCE.
(See DEEDS.) DEFENCES.
(See PLEADING AND PRACTICE.) DEFINITIONS.
[See INTERPRETATION.] DEPOSITIONS.
[See PLEADING AND PRACTICE.) DIRECTORS.
(See CORPORATIONS.] DIVORCE. Wife's domicil is that of her husband, and her remedy
for matrimonial wrongs must be sought there, there. fore wife of man not domiciled in England cannot maintain suit for restitution of conjugal rights if hus. band has left jurisdiction before proceedings were
commenced, 16. In suit for, former decree for separate maintenance not
admissible, 154. No court, except that one in which divorce was granted,
has jurisdiction of action on bond to secure alimony,
194. What amounts to desertion, 196. Amount of alimony cannot be increased or diminished
after judgment, 299. Evidence required to prove adultury, 436. DOMICIL.
(See also REMOVAL OF CAUSE8.] Wife's domicil is that of her husband; illustration, 16. What constitutes a domicil, and what acts prove change
of, 96. Marriage void in place of domicil, void though celebra.
ted elsewhere. Kinney v. Com., 330. DONATIO CAUSA MORTIS. Deposit in savings bank may be subject of, when, 259. 0, owner of bank certificate of deposit, sixty days before his death, indorsed is as follows: "Pay B, and no one else, then, not till my death. My life seems to be uncertain: I may life through this spell, then I will at. tend to it mysell. (Signed) 0." and delivered it to B. Held, not a valid donatio causa mortis. Hassell y. Bas.
ket, 308. DOWER.
(See HUSBAND AND WIFE.) DURESS.
Recovery of money paid under, 375,
The law as to ancient lights in Kentucky, 6).
ECCLESIASTICAL LAW. A catholic priest borrows money to improve school house and gives note of church by himself as pastor.
Who must be sued? Query, 99; answer, 140. EJECTMENT. Judgment creditor in possession under void sale not
entitled to payment of judgment as condition of re
covery by heir, 157. Adverse possession; when suit must be brought after re
moval of disabilities, 276. Proper remedy for pre-termitted heirs to recover shares
of ancestor's estate; claim for improvements by ad.
verse occupant not allowed under a general denial, 276. ELECTIONS.
Validity of vote of person non compos mentis, 338. EMBEZZLEMENT.
[See also CRIMINAL LAW AND PROCEDURE.) What amounts to, 98.
Sufficiency of indictment for, 499. EMINENT DOMAIN. Where a railroad, under the power of eminent domain,
entered upon lands and laid its ties and rails, but with. out having taken the proper legal proceedings, they did pot enure to benefit of owner though company a trespasser, 182. Appropriation of easement in land by municipal corpor
ation, 398. In action to recover compensation for land appropriated
by a municipal corporation to public use, same rule applies for assessing compensation as where assessment is made by a jury in special proceeding, under the same
statute, 398. EQUITABLE ESTOPPEL.
(See ESTOPPEL.) EQUITY.
[See also JURISDICTION.] If, in the transfer of negotiable paper, an endorsement is omitted through accident, mistake, or fraud, a good
title will pass in equity by mere delivery, 1. When equity will grant new trial at law, 281. EQUITY PRACTICE.
[See PLEADING AND PRACTICE.) ESTOPPEL. Where, at an administrator's sale, the auctioneer pro.
claimed that the property offered was clear of dower, and the widow of the deceased was present and made no objection, although of the opinion that she had an interest in the property. Held, that she was estopped from afterwards setting up her claim against the inno
cent purchaser. Hart v. Giles, 47. One who remained away from home thirty years,
his wife meanwhile believing him dead having married again, and sold his farm, held, not estopped in suit to recover farm from bona fide purchaser, 96; and
see 315. Railway company estopped by statements in bill of lad
ing, to deny receipt of goods, 197. In suit by creditor against stockholder to recover a debt
of the corporation, defendant estopped from de. nying his liability on ground that corporation was never
legally organized, 202. Estoppel by eonduct; article by C. M. D., 403. In suit on railway aid bonds issued by city, latter estop
ped to deny the corporate existence of company or va
fidity of proceedings for consolidation, 287. One is not estopped from denying corporate existence
of corporation by accepting office under it, 419. EVICTION.
[See LANDLORD AND TENANT.) EVIDENCE. [As to Evidence in criminal cases see CRIMINAL EVI.
DENCE.) Burden of Proof. Where debtor testifies that he has paid note and destroy.
ed it, and creditor swears that it was snatched from him and destroyed without payment, burden of proof
on debtor, 234. In action for injury to infant. burden of proof on defendant
to show contributory negligence of parents. Hagan's
case, 311. Declarations. Statement of plaintiffs in petition in bankruptcy by them
against A, that he owed them the debt, not conclusive against their right to sue A's subsequently discovered principal, 18.
258. Opinions of persons riding in railway carriages, who are
not shown to have a special fitness for judging of the speed the train is moving, are not admissible on that
point. Grand Trunk & Indiana R. R. v. Huntly, 387. Conductor of experience competent to express opinion as to the fitness of ties over which he runs his trains.
Ibid. Judicial Notice. Courts will not take judicial notice of private or special
statutes, 500. Law and Fact. The construction of by-laws of corporation, is for the
court, 498. Miscellaneous Rulings. Registers' certificates of entry in U. S. land office to show
title, 119. Leading questions discretionary with court, and not
ground for reversal, 193. Evidence of passage of laws; journal of town trustees
214, 215. Effect of omission of party to testify in his own behalf,
341, 416. Opinion Evidence. See Experts. Parol to Vary Writings. In suit to contest validity of nuncupative will, competent to prove that the testamentary words reduced to writing and probated are not the words spoken by the tes.
tator, 74. Rule excluding rarol evidenee does not api cases
where the original contract was verbal and entire, and
part only of it was reduced to writing, 99. Parol evidence of a testator's declarations made subse.
quent to the execution of the will, and shortly before his death, not admissible to show that he executed the will through duress, 198. Parol testimony inadmissible to correct record of sale,
157. When there is a verbal contract for sale of real estate.
and deed is executed, verbal agreement is admissible to
show real terms of contract, 155. Where memmorandum of contract does not purport to
express the whole contract, or part only 18 reduced to
writing, omitted matter may be supplied by parol, 177. A contract with a county court may be shown by parol,
216. Parol evidence inadmissible to show surrender of leased
premises, 379. Mistake or abbreviation in name of grantee in deed may
bu shown by parol, 379, Presumption. Of datı, of deed, 218. Of legality of officers' acts, 275. of death fron absence, 344. In action against carrier for loss of goods, no presump
tion of negligence, 418. Relevancy. In action for damages for shooting plaintiff, threats made by him against defendant twenty days before the shoot.
ixg, irrelevant, 258. In action on policy containing a clause of forfeiture for second insurance, evidence that insured obtained such second insurance because advised that the first was in.
valid, irrelevant, 298. In action to recover price of property sold by agent, on question as to which of two parties was the purchaser, fact that plaintif delivered the goods on agents' statement, relevant, 318. But not upon whose credit he delivered them. Ibid. of other libelous publications in action for libel, 345. Where railway accident occurs in consequence of defect
in track, evidence of defects at other points than where
accident took place, inadmissible, 387. Evidence of the great value of the cars not admissible to
show that railway company was not chargeable with
negligence in running them. Ibid. Where one who has suffered injuries for which he claims
damages, calls in a physician for the purpose of an examination of his injuries, the physician may testify concerning them. But expressions and exclamations of pain, made during the examination, irrelevant. Ibid. In action for injury from defective sidewalk, condition
of sidewalk four months after accident relevant, 416. Witnesses. Want of religious belief does not render witness incom.