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[See also DIVORCE; HUSBAND AND WIFE.] Statute may take away common law right of marriage,

but presumption is otherwise, 16. Statutory provisions regulating marriage ceremony are

directory, and do not destroy common law right to

form marriage by words of assent, 17. Devise "during widowhood and life" held void as in re

straint of marriage, 204. . Conditions in restraint of marriage, 223, Marriage void in place of domicil void though celebrated

elsewhere. Kinney v. Commonwealth, 330. In action for breach of promise of marriage damages for

seduction may be recovered, 343, Contra, 343. Contract of marriage not subiect to the constitutional

inhibition as to impairment of contracts, 361. Michigan statute declaring males of eighteen and females

of sixteen legally capable of "contracting marriage," does not include an executory contract, and can not sustain an action for breach of promise of marriage

against an infant, 419. A executes his note to a feme sole whom he afterwards marries without paying the note. How does this effect

it? Query, 419; answer, 480. MARRIED WOMEN,


[See also NEGLIGENCE.] Willful acts of servants. By John F. Baker, Esq, 82, and

see 222. Liability of master for acts done by servant outside the

scope of his employment, 161. Hiring for a year, evidence of, 398. MAXIMS.

Ex turpi causa non oritur actio, 291. MEASURE OF DAMAGES.

(Seu DAMAGE3. ] MECHANICS LIEN. Claim by architect for preparing drawings and specifica

tions for a house not subject of, 221. Can not be enforced on lands of railroad constituting its

right of way, for improvements thereon, 317. Mechanics lien established after payment to contractor:

liability of contractor's sureties, 316. A water works company not a "manufacturing company"

within Indiana lien law, 419. Sufficiency of notice of filing claim, 416. MISTAKE.

Power of equity to correct mistake in contract, 56. There is no power in a court of law to rectify a mistake made in a policy of insurance, unless it clearly and satisfactorily appears from the face of the policy not only that there was a mistake in the language of the policy, but also what was the real intention of the parties.

Mercantile Ins. Co. v. Jayne, 67. Mistake in making deed of land; a novel case. Query,

179; answers, 220, 380. MORTGAGE.

of Personalty. Construction of Iowa etatute as to concealing mortgaged

chattels, 76. Chattel mortgage to secure performance of contract;

breach, 136. Effect of sale of property by mortgagor, 234. Defective description in chattel mortgage cured by sub).

sequent delivery of property to mortgagee, 259. Omission of justice of the peace to make memorandum

in his docket invalidates mortgage, 277. Of Realty. Foreclosure of; rule of prior recourse to parcel singly in

cumbered, 78. Priorities; release of first mortgage and making of new

one. Shafer v. Williams, 105. State statutes regulating the transfer and mortgage of

real estate binding on the Federal courts in suits there.

in, 181. Breach of mortgagor's covenant with grantee to pay

mortgage; measure of damages, 197. Conveyance of land subject to mortgage, 235. Mortgagor entitled to possess and use of mortgaged prop.

erty; injunction proper remedy to prevent its waste,

298. When equitable mortgage may arise, 314. A mortgage to a county given by a delinquent tax.col. lector valid, 317.

Notes secured by same mortgage and transferred to dit-

ferent holders, must be paid in the order of ther malu.

rity, 377. Assumption of mortgage by grantee, 381, 422. The question of adverse and paramount title may be litigaled in an action to foreclose a mortgage. Bradley

v. Parkhurst, 407. Criticism of this ruling, 473. Penalty for refusing to discharge a mortgage may be re

covered on a bill to redeem, 119. What was the law of limitation of Missouri ag regards

foreclosing mortgages in the year 1862? Query, 320; answer, 340, A question as to the foreclosure of mortgages in Michi.

gan.' Query, 139; answer, 199. MUNICIPAL BONDS. There is no vested right in a railroad company to a sub.

scription until it be actually made, and until that event occurs the legislature may alter the method whereby such subscription is to be made, without in. fringing any right. State v. Garroutte, with note by J.

P. Ellis, Esq., 29. The county court of Greene county, without a vote of the people, by order of June 20, 1870, subscribed $400,000 to the capital stock of Kansas City & Memphis Railroad Company. Order modified October 4, 1870, 80 as to make subscription to Hannibal & St. Joseph Railroad Company, to aid in building the K. 0. &. M.R.R. April, 1871, order made rescinding former orders, and in July, 1871. order rescinding the rescinding order of April, 1871, and bonds issued, payable to H. & St. Joe R. R. Co. as bearers: Held, that as there was no acceptance by the latter company of the subscription, there was neither a contract nor a consideration for one, and that it was incompetent for the K.C. & M. R. R. Co. to accept the subscription. Ibid. The consolidation of the Kansas City & Cameron Rail

road Cs., formerly Kansas City, Galveston & Lake Superior R.R. Co., under act of March 11, 1867, "upon such terms as may be deemed just and proper." with H. & St. Joe R. R. Co. did not operate to transfer to the latter company the franchises and unexecuted rights of former companies, so as to authorize a subscription to be made to H. & St. Joe R. R, Co. without a vote of the people, and such subscription is void. Ibid. The K. O. & M. R. R. Co., though nominally a branch of the H. & St. Joe R. R. Co., is, in fact, an independent company, attempted to be organized under act of March. 21. 1868, (Sess. Acts 1868. pp. 90 and 91); and nejther un. der that act, nor under any legislative authority exist. ing when it was organized, could any subscription be made, by any county, to its stock or for its benefit, without a two-thirds vote of the qualified voters of

such county. Ibid. Where there is a total want of power in a municipal or.

ganization to make subscription to capital stock of a railroad company, bonds issued in aid of the same are void, even in the hands of an innocent purchaser.

Ibid. Township bonds; indemnifying bond; breach, 75. Where a statute authorizes a county to issue its negoti.

able bonds, and makes it the duty of the county court to levy a special tax of sufficient amount to pay the interest and principal of said bonds, as the same be. come due," the power of taxation, thus given, enters into and becomes a part of the obligation of the con. tract between the county and every holder of such bonds; and under the Constitution of the United States this obligation of the contract can not be im. paired or lessened in any degree by the constitution or laws of th state afterwards enacted, United States v

Jefferson Co., 130. In such case it is the duty of the county court to levy, and cause to be collected, a tax sufficient in amount to pay the interest and principal of such bonds as the saine matures, and if it does not perform its duty, it may be compelled to do so by mandamus. Ibid. The bonds issued by the county court of Cape Girardeau

county on behalf of Cape Girardeau township, under act of March 23, 1868, to aid in building the C. G. & St.

L. R. R. are void. Ranney v, Bader, 188. Taxes collected for payment of bonds illegally issued

can not be recovered back. Ibid. Corporation can not subscribe to capital stock or ig.

sue bonds unless power is expressly conferred by

law. Lewis v. City of Galveston, 287. Con-olidation of companies; right to receive subscrip.

tion pas. es to consolidated company. Ibid. Authority given to "any incorporated town" to subscribe

to stock of railroad, etc., not limited to towns incorpo

rated at date of act. Ibid. Mandamus properly issued to compel county court to is

sue and treasurer to pay warrant, on judgment on coupons of railroad bonds, 321.


NEGLIGENCE-Continued. That child four years of age strayed a distance of mor than two blocks from home at play with other children and was injured by falling into an unguarded excava tion, not evidence of contributory negligence on parto

parents. Hagan's case, 311. What is sufficient to bar a recovery, 314. One who is compelled to act in the presence of imminen

danger can not be charged with contributory negli gence because he did not choose the best means of es

cape, 357. Person voluntarily attempting to pass over dangerou

sidewalk guilty of, 358. Contributory negligence in the loss of a ship; articl

from the Irish Law Times, 454. In General. The defendant put a dangerous spiked hurdle on a pri vate road, over which he and others had rights of way Some person, without the knowledge of the defendant moved the hurdle a few yards on a dark night: th plaintiff, who was not a trespasser, without negligenc. and thinking to avoid the original position of the hur dle came into collision with it and was injured. Held that the plaintif could recover from the defendant

Clark v. Chambers, 11 Liability of agent to principal for negligence in execu

ting orders, 22. Negligence of party in allowing judgment by default wil

prevent relief though judgment excessive, 38. Effect of over-payment through negligence, 57. Liability of register for giving incorrect certificate, 121. A license to use a driveway, until revoked, is as effectu alto-ustain an action for injuries received while driving thereon as would be proof that the driveway was public or private way by grant or prescription, ove which plaintiff had lawful right to drive. Thayer y

Jarvis, 166. Action will lie for injury to adjoining proprietor by polluting his stream with water pumped from colliery.

Sanderson v. Pennsylvania Coal Co., 189. Liability of person who has built party wall for negli

gence of contractors in building it, 221. Liability for damages caused by negligently driving an

ruly horse, 233. Negligence in failure to present bank check, 258. Liability for injury caused by child falling into danger

ous excavation. Hagan's Case, 311. Liability for overflow of water, 313. Negligence of agent employed to exchange land by

which exchange is lost bars his recovery for his servi

ces, 358. Liability for injury caused by defective staging, 376. Liability of persons having the possession and control of

ised by waler negligently allowed to escape, 381. If a man knowingly plant on his own land and suffer to

grow over the land of his neighbor a noxions tree, by which his neighbor's catlle are injured, an action will lie against him at the suit of such neighbor. Crow hurst v. Amersham Burial Board, 465. A party performing a lawful act, or exercising a lawful

right, is not responsible for injury arising therefrom, unless it be occasioned by his own negligence, carelessness or wantonness, and burden of proof on plain

tiff, 478. Negligence in making demand and protest of note.

Query, 199; answers, 280, 320. Master and Servant. To bar recovery for injury to fellow-servant, sufficient if

general scope of employment the same, 15. "Driver boss" and "mining boss" in mine, fellow-ser.

vants, 15. Of the liability of the master to his seryant for injuries

sustained through the negligence of a fellow-servant;

article by W. H. Dickson, Esq., 55, 71. Neither employee nor legal representative can recover

for injuries, under the second section of the Missouri damage act, 118. To entitle injured employee to recover under the third section of the Missouri damage act, employer must have known, or in the exercise of or linary care could have discovered defect in the machinery causing the

injury. Ibid. Liability of master for injury to servant by fellow-ser

vant; common employment, 212, 238, 315, 336, 356, 357,

358, 416, 421. Risks assumed by employee, 298, Injury to employee from dangerous machinery, 418. When two persons are working for the same master for


NEGOTIABLE AND ASSIGNABLE PAPER- Continued. The plaintiff was hired by a man, who had contracted to Negotiable paper transferred as collateral security before upload a coal barge at the defendant's brewery, to as

maturity is subject to all equ ties then existing; and bist in unloading; he was paid by the defendante, and

the maker is protested it before such transfer he has the defendants alonec uld discharge him. While em

paid the note to the rightful holder, 99, 225. ployed in carrying coal he was injured through the neg. Assignor of notes negotiable by statute, but not by the ligence of the defendants' servants, who were moving

Inw merchant, warrants that maker is liable on note, barrels in the brewery. Held, that he could not recover. and able to pay it; liability »f assignor to assignee in Ibid.

such caso can not exceed amouni paid by assiguee with The liability of a person for damages arising from the interest, 117. negligence or malfearance of another, in the perform

What is a "promissory note signed in the presence of an ance of a lawful contract, is confined, in its application, attesting witness" within the Massachusetts statute of to the relation of master and servant, or principal and limitations. G S. c. 155, $ 4, 137. agent,, and does not extend to cases of independent

Alteration of note by adding word "annually" not ma. contracts not creating those relations, and where the

terial, 119. employer does not retain the control over the mode and

Words in promifsory note “trustees of schools" held manner of executing the work under the contract. Carter v. Berlin Mills Co., 492.

merely descriplin pers inarum, 195.

Alieration of note with consent of maker does not void The immediate employer of the agent or servant, who

it, 236. causes the injury, is alone responsible for it; lo him only the rule respondeat superior applies. Ibid.

Person writing his name on back of note liable as origi. Minicipal Corpora ins.

nal promisor; president of corporation indorsing nole

so liable, when, 235. Where the board of commissioners of a county suffer tho

Extent of recovery on negotiable paper; article by A. H. roads or bridges thereof to become out of repair, and

K., 238. any one is thereby injured, in person or property, without fault on his part, the county is liable to respond in

Destroved note; burden of proof, 234. damages for such injury. There is no difference in Provision in note for attorney's fee of $16 void as against that respect between city and county corporations. public policy, 247. House v. Commr's, of Monigomery Co., 127.

Promissury note; contemporaneous parol agreement, 276. Not liable for ijiry caused by defect in highway pro In action by endorser on bill of exchange, drawer and duced by natural causes, unless it had notice of such

acceptor can not defend on ground of unfulfilled parol defect, I $7.

condition, 278. Liability of, for unauthorized acts of officers, 314.

Personal liability of makers of corporation note. Aimen Railroad Companies.

v. Hardin, 306. Fire from sparks from locomotive; proximate and re. Note where amount not certain not negotiable, 334. mote cause, 58.

In action by bona fide holder of bill of exchange against When personattempt to cross a railway at an accidental acceptor, defendant is nou estopped from denying that (pening between cars, not in a highway, nor so placed

he arcepied the bill, if at the time when he accepted as to invite the belief that it was left open for persons

the bill there was no drawer's name inserted, but the to pass through, they do so at their own peril, 107.

draft of bill was obtained from him by the commision The obligations, rights and duties of railroad companies,

of crime, and a drawer's name subsequently filled in and travelers crossing them, are mutual and reciprocal,

without defendant's knowledge or consent. Baxen. and no greater degre of care is required of one than dale v. Bennett, with note by W. L. Murfree, Jr., 347. the other. Ibid.

Presumption that parties are liable only as endorsers, Railrond, as carrier of passengers, not liable for undis. may be overturned by parol proof of their liability as coverable defects in car, 136; see also, 194.

joint makers or guarantors, 376. Liability of railroad for defecis, in case of injury to em Holder of negotiable paper, taking it before maturity for ployee, 138, 305.

good consideration, in the usual course of business, Not liable for killing stock where owner required by law

without knowledge of facts impeuching ils validity, to fence, 155.

holds it by a good title, and his recovery cannot be de. Injuries done to stock in removing them from track, not feated because he took it under circumstances that within Kansas stock law, 196.

ought to excite suspicion in the mind of a prudent Petition for double damages for killing stock under 430

man. Farrell v. Lovett, 411 and see 437. section of Mo. act, must state statutory essentials, 217.

The "execution" of a note is only its actual making and Under Kansas stock law of 1874, no actual collision be.

delivery, 419. tween animal and engine necessary, 135.

Neglect to prosecute for the unauthorized use of one's Fires caused by locomotives : proximate and remote

name on negotiable paper does not extop one from de.

his liabilty on cause. Peoppers v. M., K. & T. y., 252.

paper subsequently Liability of railroad for loss of passengers luggage, 281.

issued, +19.

Statute allowing the various parties to negotiable paper Fires caused by railroads; no inference of negligence

to be joined in one suit, does not change the nature of from emission of sparks from locomotive, 316.

each one's liability, 419. Liability to ticket holders, 336.

Waiver of demand and notice, 435. Where a railway procures its cars for the carriage of pagsenges from manufacturers of established reputation,

Alteration of promissory note; new promise, 477. and an injury occurs in consequence of hidden defects | NEW TRIAL. which examination by the company would not have

See APPEALS AND APPELLATE PROCEDURE; PLEADING discovered, company not responsible. G. R. & Ind. R, R. v. Huntley, 387.

Liable to the owner of the goods for any actual damages NON-SUIT.

resulting fr..m negl go-nce, and recovery not limited by (Sce APPEALS AND APPELLATE PROCEDURE]
the valuation maced by the owner on the goods at the
date of the shipment, 418.

NOTICE. Owner of goods may maintain action, though the owner Actual open and notorious possession of land is con. is not the shipper. Ibid.

structive notice of the possesso 3 rights, 138. Mis-ouri act giving double damages to owners of stock Possession of real estate constructive notice of title, 218. killed by railroads constitutional. Barrett v. A. & P. When neg tiable city bond is stolen and altered by thief R. R. Co., 428.

recovery may be had by a bona fide holder, 242. NEGOTIABLE AND ASSIGNABLE PAPER.

Constructive notice, flowing exclusively from matters of 11, in the transfer of negotiable paper, an indorsement is

record, can not be more extensive than the facts slated omilled through accident, mistake or fraud, a good title

on the recurd, 314. will pass by mere delivery, 1.

NUISANCE. A bank bill is a promissory note, 19.

Venue in action for, 2. Party proposing to make conditional acceptance of bill of

Indictment for under Ohio statute need not show its ex. exchange in writing, must expressly state condition

istence at commencement of proceedings, 19. therein. Coffman v. Campbell, 26.

Nuisance by noise; injunction to prevent use of baby carAcceptance of bill of exchauge by telegram in following

words: “Will pay A. Harper draft, $2,300 for stock," riage by lodger in upper story, refused, 102. held unconditional. Ibid.

When municipal corporation liable for, 236. Where a lost note is indorsed: “Pay cashier First Na. Power of city to restrain nuisance outside city limits tional Bank, Oltumwa, Iowa, or order," the maker has

278. no right to demand indemnity upon payment, and a When injunction will be granted, 398. tender conditional upon such indemnity does not stop Injury to property by misuser of public street, 458. the accruing of interest, 38.

Power of state to restrain nuisance. N. W. Fertilizing Payment of check; delay in presentment, 74.

Co. v. Town of Hyde Park, 470:



[See PLEADING AND PRACTICE.] PHYSICIANS AND SURGEONS. In action for services, presumption is that physician was

competent and skillful, 85. Evidence as to want of skill, 95. PLEADING AND PRACTICE. [See also, APPEALS AND APPELLATE PROCEDURE; Cern

INAL LAW AND PROCEDURE. Affidavit. In proceeding to collect rent by distress warrant, it plain

titr files amdavit of claim, defendant must file with his

plea an affidavit of merits, 73. Where affidavit of merits is filed with plea, court has no

power to require it to show defense in detail; but when defective andavit 18 filed it may impose terms, 235. Conduct of Trial. Impertinent remarks of counsel in addressing jury good

cause for reversing verdict; illustration, 18. Judge may detain jury immediately after discharge for

correction of informalities in verdict, 86. Remarks of counsel to jury impertinent and prejudicial,

when ground for reversal. Brown v. Swineford, 205. Waiver of opening argument to the jury, by plaintiff's

counsel, if it leaves him the closing argument at all, confines it to a strict reply; qucere, whether a mere violation of this rule, excepted to, would be sufficient to

reverse a judgment. Ibid. An indecent exposure, permitted on the trial, censured

by the court. Ibid. Permitting jury to have dictionary to ascertain meaning

of words used in instructions, 301. Error for judge to enlarge on written instructions in ab.

sence of counsel, 334. Party must except to charge specifically, 477. Continuance Construction of Kansas statute permitting adjournment

of trial. Query, 39; answers, 60, 119. Costs. Officers of court and witnesses being interested in costs

of suit may object to compromise decree which would deprive them of judgment against solvent party for

such costs, 41. Where vendor and his mortgagee resisted C's action for

a specific performance, joining in an answer deuying his rights, court properly awarded costs against them jointly, and set off the costs against the unpaid balance of the purchase-money, 138. Concerning costs, 231. Power of arbitrators to award costs, 375. Declaration-Petition, Statutory words of affidavit to be filed with declaration

must be strictly followed, 57. Iowa code as to filing of petition within certain time im

perative, 98. Petition for double damages under 43d section of Mis

souri act must state statutory essentials, 217. In declaring on covenant, any exception thereto must be

set out, 237. On sale of lands at a price measured by the cost, which

the vendor falsely over-stated, over-payment may be recovered on count for money had and received, 298. A declaration which states facts that present a sufficient cause of action in assumpsit, may be considered as so grounded, although it was intended as a count in tort,

298. In suit against indorsers of promissory note, declaration

must allege that copy of indorsement was filed, 358. Defective complaint cured by judgment, 376. Default. Judgment by defauit; application to be allowed to de

fend; what terms can not be imposed, 97. Action against two defendants; effect of judgment by de.

fault against one, 478. Defenses. Illinois statute allowing several defenses to be pleaded

does not permit the filing of additional pleas from time

to time, 73. Single pleading can not be both an answer and a counter

claim, 367. Under Massachusetts statute defendant not required to

deny signature to promissory note, but same may be proved at trial, 397. Depositions. Pregnancy a source of "illness" within English statute,

so as to allow deposition of witness on trial, 16. Impeachment of witness; contradictory depositions, 218.


Equity. (See, also, United States Courts.)
In proceeding to foreclose deed of trust, trustee in deed

an indispensible party. Walsh v. Truesdell, 8. It is the settled doctrine of courts of equity in this coun. try, that a party holding the legal title to property in. volved in a judicial proceeding, must be made a party

to the decree. Ibid. Pleadings which are uncertain or ambiguous must be

taken in a sense most unfavorable to the pleader.

Foremen v. Bigelow, 430. Where a bill in equity, by the assignee of a bankrupt cor.

poration, sought to charge shareholders in respect of their shares, and alleged that there were three classes of shares fraudulently issued, but did not specify to which class the defendant's shares belonged, they were entitled to assume that their shares were of the class

least open to objection. Ibid. In equity proceedings where jury find issues submitted,

court should try remaining issues, 479. Jury. Separation of jurors occasioned by sudden alarm of fre

not such misconduct as to vitiate verdict, 38. Private conversation between juror and attorney when

not ground for reversal. Ibid. Verdict of juny as to due execution and attestation of

will only advisory, 154. New trial will not be granted after two concurring ver

dicts except under extraordinary circumstances, 344. Summoning and challenging of jurors under Ohio code,

435. Verdict will only be set aside upon terms unless, "per

verse,” 437. That a juror has untruly answered a question on his pre

liminary examination touching his personal acquain. tance with appellant can not be used after verdict to

affect the competency of the juror, 456. Miscellaneous Rulings. Discretion of trial court in allowing or refusing to allow,

pleadings to be filed after time, when interfered with,

166. Consolidation of actions under Missouri statute, 278. When exhibits not part of pleadings, 279. Requisites of complaint for new trial on ground of newly

discovered evidence, 279. A uniform code of procedure; article by M. M. Cobn.

Esq., 322. Practice in attachment proceedings under Ohio code

377. A motion for rehearing may be filed when exceptions to report of a referee are overruled, and such motion has all the effect of a motion for a new trial in an ordinary case, and suspends the judgment until its decision,

that thermages

PLEADING AND PRACTICE-Continued. Plaintiffs in original bill may dismiss at any time before decree, unless cross-bill has been filed and service had,

or appearance entered. Ibid. Bill and cross-bill do not constitute one suit, and service

of subpæpa on defendants in cross-bill is necessary to bring ihem into court on such cross-bill, unless they

voluntarily enter their appearance thereto. lbid. State statutes regulating the transfer and mortgage of

real estate binding on the federal courts, 181. General denial and specific defense may be filed together,

262. Costs expended in perfecting an appeal are costs of the

Supreme Court, 262. The suability of counties in the national Courts, 262. Federal court bound by construction placed upon state

attachment laws by supreme court of state, 269. Rule that cases removed from state court must be tried

at first ensuing term of federal court will not be ap

plied, when, 321. Where the jurisdiction of the federal court depends upon the citizenship of the parties, the facts to support jurisdiction should appear on the record. Notice of application for a commission and depositions taken under the commission, which notice and depositions were not used in the trial of the cause, are not part of

the record, 476. An averment of residence in a state in the pleadings

does not show citizenship in that state, and this rule is not affected by the 14th amendment to the Federal Con.

stitution, 476. An amendment of pleadings showing citizenship and

giving jurisdiction will be allowed, although it suit

were dismissed, cause of action would be barred, 476. Venue. Where one performs an act in one county which damages

lands in another, the plaintiff may sue in either, 2.
Change of venue granted on condition, 357.
Verdict. (See Jury.]

Of stock by agent to secure loan, 136.
Delivery of chattels as indemnity to suretyship, a, 238.
Pledgee can sell only at public auction after notice to

pledgor, 238. POLICE POWER.

[See CONSTITUTIONAL LAW.] POST-OFFICE LAWS. The act of Congress of July 12, 1876, 19 Stats. at Large, 90

in respect of mailing obscene books, etc., construed and held not to extend to the case of a sealed letter written by the defendant to a person who had no existence, in answer to a decoy letter of a detective, and which on its face gives no information of the prohibited

character. United States v. Whittier, 51. The cases in which it is allowable to make use of decoy

letters discussed. Ibid. PRACTICE.





Judgments of sister states. Article by G. H. Wald, Esq. 3 PRIVILEGED COMMUNICATIONS.



[See, also, PLEADING AND PRACTICE; Process.) Where one week's publication is required, one publica

tion is sufficient, 379. PUBLIC POLICY.


(See HIGHWAYS.) QUERIES AND ANSWERS. A being in Iowa, shoots across the state line and blls B who is in Missouri; where is A triable? Query. 19. An. swer, 19.


Guarantor can not be joined in suit with principal;

judgment by default against both erroneous, 77. Holders of legal title pecessary parties to bill to enforce

vendors' lien where no deed has been delivered to ven.

dee, 479. Process. Where statute allows service by publication in actions

“brought" against non residents, action must be fully "brought" before publication of notice; meaning of

term, 213. What is not a sufficient service on a "person of the fam.

ily" of defendant 210. Venditione exponas will only issue where property levied

on remains unsold, 279. Acts protected by process of court, 321. Service of process on secretary of company not suficient

when, 358. Service of process on minors (Wis.), 357. A judge has jurisdiction in vacation, under section 2,923 of Iowa code, to issue an order directing the sheriff, in regard to the publication of notices of the sale of land on execution. Herriman v. Moore, 464. A plaintiff has the right to select the newspaper in which notice of the sale of land on execution shall be pub.

lished. Ibid. Set-of and Counterclaim. Assignment of judgment; right of set-off of equitable

claim, 176. Unsettled partnership account cannot be set-off by one

partner in action on his note, 276. United States Courts. Service on solicitor of subpens to answer-cross bill,

good in United States Courts in injunctions to try proceedings at law, and in cross.suils in equity where plaintiis in each case reside out of the jurisdiction. . 1 Lowenstein v. Glidewell, 187.

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