MARRIAGE. [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 restraint 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 subject to the constitutional inhibition as to impairment of contracts, 261. 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. Claim by architect for preparing drawings and specifications 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 statute 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 subsequent 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 incumbered, 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 therein, 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 property; injunction proper remedy to prevent its waste, 298. When equitable mortgage may arise, 314. A mortgage to a county given by a delinquent tax-collector valid, 317. MORTGAGE-Continued. Notes secured by same mortgage and transferred to different holders, must be paid in the order of ther maturity, 377. Assumption of mortgage by grantee, 381, 422. The question of adverse and paramount title may be litigated 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 recovered on a bill to redeem, 419. What was the law of limitation of Missouri as regards foreclosing mortgages in the year 1862? Query, 320; answer, 340, A question as to the foreclosure of mortgages in Michigan. Query, 139; answer, 199. MUNICIPAL BONDS. There is no vested right in a railroad company to a subscription until it be actually made, and until that event occurs the legislature may alter the method whereby such subscription is to be made, without infringing 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, so as to make subscription to Hannibal & St. Joseph Railroad Company, to aid in building the K. C. &. 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 Railroad 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. C. & 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 ofMarch, 21, 1868, (Sess. Acts 1868. pp. 90 and 91); and neither under that act, nor under any legislative authority existing 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 organization 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 become due," the power of taxation, thus given, enters into and becomes a part of the obligation of the contract 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 impaired 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 issue 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 incorporated at date of act. Ibid. Mandamus properly issued to compel county court to issue and treasurer to pay warrant, on judgment on coupons of railroad bonds, 321. MUNICIPAL BONDS-Continued. Mandamus may be issued to meet the exigencies of the case, as to county to levy portions of tax to pay bonds at stated period instead of all at one time, 312. The Supreme Court of the United States having held the "Township Railroad Aid Act" of Missouri constitutional (Cass Co. v. Johnson, 5 Cent. L. J. 506), it is the duty of the circuit court to follow that judgment, notwith standing the latter decision of the Supreme Court of Missouri to the contrary. Westermann v. Cape Girardeau Co., 353. Where negotiable commercial securities are issued and negotiated before there is any decision by the courts of the state against the validity of the act authorizing their issue, the Supreme Court of the United States does not consider itself bound to follow a subsequent decision of the local courts invalidating such securities, but will decide for itself whether, under the constitu tion and laws of the state, such securities are valid or void. Ibid. Where bond contained a recital on its face that it was issued to pay for a subscription to railroad, county can not be heard to say that the subscription recited was not made. Ibid. Fact that the requirement of a two-thirds vote is contained in a provision of the constitution instead of be. ing a legislative enactment, makes no difference. Ibid. Mandamus will not lie to compel county courts to issue warrants on general revenue fund of county to pay judgments on railroad bonds. State v. Walker, 390. MUNICIPAL CORPORATIONS. [See also NEGLIGENCE.] Power given to city to "license and regulate" trades, &c, confers power to enact license fees for purposes of revenue, 16. But ordinance passed under this power must be reasonable, fair and in accordance with public policy; "sample sellers'" ordinance of San Francisco held unconstitutional, 16. The liability of counties, cities and towns to pay back illegal taxes voluntarily paid. Editorial articles, 23, 43. Kansas general incorporation act of 1875; limitation of Term "municipal corporations" in Wisconsin constitution does not include towns, 258. Towns not authorized to purchase and hold tax certificates, 258. The suability of counties in the national courts, 62 Power of city to restrain nuisance outside city limits, 278. City cannot repeal or change ordinance granting power to street railway company without its consent when, 316. Legality of formation of school district cannot be inquired into in collateral proceeding, 41. City ordinance requiring owners of property under penalty of fine to remove snow from sidewalk, held invalid. Gridley v. City of Bloomingtoa, 426. MURDER. [See HOMICIDE.] NATIONAL BANKS. [See BANKS AND BANKING; CONSTITUTIONAL LAW.] NATURALIZATION. An alien, to be entitled to admission to citizenship, must first prove that he has behaved as a man of good moral character during all the period of his residence in the United States. Re Spenser, 84. A person who commits perjury does not behave as a man of good moral character, and is not, therefore, entitled to citizenship. Ibid. A pardon is prospective, and not retrospective in its oper. ation; and while it absolves the offender from the guilt of his offense, and relieves him from the legal liabilities consequent thereon, it does not obliterate or wipe out the fact of the commission of the crime, so that it can not be made to appear on an application to be admitted to citizenship. Ibid. NEGLIGENCE-Continued. That child four years of age strayed a distance of more 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 part of parents. Hagan's case, 311. What is sufficient to bar a recovery, 314. One who is compelled to act in the presence of imminent danger can not be charged with contributory negli gence because he did not choose the best means of escape, 357. Person voluntarily attempting to pass over dangerous sidewalk guilty of, 358. Contributory negligence in the loss of a ship; article from the Irish Law Times, 454. In General. The defendant put a dangerous spiked hurdle on a private 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; the plaintiff, who was not a trespasser, without negligence and thinking to avoid the original position of the hur dle came into collision with it and was injured. Held, that the plaintiff 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 will 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 al to ustain an action for injuries received while driving thereon as would be proof that the driveway was a public or private way by grant or prescription, over which plaintiff had lawful right to drive. Thayer v. 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 unruly 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 tenements for damage caused by water 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 cattle are injured, an action will lie against him at the suit of such neighbor. Crowhurst 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 plaintiff, 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-servants, 15. Of the liability of the master to his servant for injuries sustained through the negligence of a fellow-servant; article by W. H. Dickson, Esq., 53, 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 ordinary care could have discovered defect in the machinery causing the injury. Ibid. Liability of master for injury to servant by fellow-servant; common employment, 212, 238, 315, 336, 356, 337, 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 a common general object, there is no liability upon the master to answer to either of them for damages resulting from the negligence of the other, although the actual piece of work on which they were engaged is not the same Charles v. Tayler, 451. NEGLIGENCE-Continued. The plaintiff was hired by a man, who had contracted to unload a coal barge at the defendant's brewery, to assist in unloading; he was paid by the defendants, and the defendants alone c uld discharge him. While employed in carrying coal he was injured through the negligence of the defendants' servants, who were moving barrels in the brewery. Held, that he could not recover. Ibid. The liability of a person for damages arising from the negligence or malfeasance of another, in the performance of a lawful contract, is confined, in its application, to the relation of master and servant, or principal and agent,, and does not extend to cases of independen contracts not creating those relations, and where the employer does not retain the control over the mode and manner of executing the work under the contract. Carter v. Berlin Mills Co., 492. The immediate employer of the agent or servant, who causes the injury, is alone responsible for it; to him Only the rule respondeat superior applies. Ibid. Municipal Corpora ions. Where the board of commissioners of a county suffer the roads or bridges thereof to become out of repair, and any one is thereby injured, in person or property, without fault on his part, the county is liable to respond in damages for such injury. There is no difference in that respect between city and county corporations. House v. Commrs. of Montgomery Co., 127. Not liable for jury caused by defect in highway produced by natural causes, unless it had notice of such defect, 157. Liability of, for unauthorized acts of officers, 314. Railroad Companies. Fire from sparks from locomotive; proximate and remote cause, 58. When persons attempt to cross a 'ailway at an accidental pening between cars, not in a highway, nor so placed as to invite the belief that it was left open for persons to pass through, they do so at their own peril, 107. The obligations, rights and duties of railroad companies, and travelers crossing them, are mutual and reciprocal, and no greater degree of care is required of one than the other. Ibid. Railroad, as cartier of passengers, not liable for undiscoverable defects in car, 136; see also, 194. Liability of railroad for defects, in case of injury to employee, 138, 305. Not liable for killing stock where owner required by law to fence, 155. Injuries done to stock in removing them from track, not w.thin Kansas stock law, 196. Petition for double damages for killing stock under 43d section of Mo. act, must state statutory essentials, 217. Under Kansas stock law of 1874. no actual collision between animal and engine necessary, 135. Fires caused by locomotives; proximate and remote cause. Peoppers v. M., K. & T. y., 252. Liability of railroad for loss of passengers luggage, 281. Where a railway procures its cars for the carriage of разsenge s from manufacturers of established reputation, and an injury occurs in consequence of hidden defects which examination by the company would not have discovered, company not responsible. G. R. & Ind. R, R. v. Huntley, 387. Liable to the owner of the goods for any actual damages resulting from negl gence, and recovery not limited by the valuation placed by the owner on the goods at the date of the shipment, 418. Owner of goods may maintain action, though the owner is not the shipper. Ibid. Missouri act giving double damages to owners of stock killed by railroads constitutional. Barrett v. A. & P. R. R. Co., 428. NEGOTIABLE AND ASSIGNABLE PAPER. If, in the transfer of negotiable paper, an indorsement is omitted through accident, mistake or fraud, a good title will pass by mere delivery, 1. A bank bill is a promissory note, 19. Party proposing to make conditional acceptance of bill of exchange in writing, must expressly state condition therein. Coffman v. Campbell, 26. Acceptance of bill of exchauge by telegram in following words: "Will pay A. Harper draft, $2,300 for stock," held unconditional. Ibid. Where a lost note is indorsed: "Pay cashier First National Bank, Ottumwa, Iowa, or order," the maker has no right to demand indemnity upon payment, and a tender conditional upon such indemnity does not stop the accruing of interest, 38. Payment of check; delay in presentment, 74. NEGOTIABLE AND ASSIGNABLE PAPER- Continued. Negotiable paper transferred as collateral security before maturity is subject to all equ ties then existing; and the maker is protected if before such transfer he has paid the note to the rightful holder, 93, 225. Assignor of notes negotiable by statute, but not by the law merchant, warrants that maker is liable on note, and able to pay it; liability of assignor to assignee in such case can not exceed amount paid by assignee with interest, 117. What is a "promissory note signed in the presence of an attesting witness" within the Massachusetts statute of limitations. G S. c. 155, § 4, 137. Alteration of note by adding word "annually" not material, 179. Words in promifsory note "trustees of schools" held merely descriptio pers marum, 195. Alteration of note with consent of maker does not void it, 236. Person writing his name on back of note liable as original promisor; president of corporation indorsing note so liable, when, 235. Extent of recovery on negotiable paper; article by A. H. K., 238. Destroved note; burden of proof, 234. Provision in note for attorney's fee of $15 void as against public policy, 247. Promissory note; contemporaneous parol agreement, 276. In action by endorser on bill of exchange, drawer and acceptor can not defend on ground of unfulfilled parol condition, 278. Personal liability of makers of corporation note. Aimen v. Hardin, 306. Note where amount not certain not negotiable, 334. In action by bona fide holder of bill of exchange against acceptor, defendant is not estopped from denying that he accepted the bill, if at the time when he accepted the bill there was no drawer's name inserted, but the draft of bill was obtained from him by the commis-ion of crime, and a drawer's name subsequently filled in without defendant's knowledge or consent. Baxendale v. Bennett, with note by W. L. Murfree, Jr., 347. Presumption that parties are liable only as endorsers, may be overturned by parol proof of their liability as joint makers or guarantors, 376. Holder of negotiable paper, taking it before maturity for good consideration, in the usual course of business, without knowledge of facts impeaching its validity, holds it by a good title, and his recovery cannot be defeated because he took it under circumstances that ought to excite suspicion in the mind of a prudent man. Farrell v. Lovett, 411 and see 437. The "execution" of a note is only its actual making and delivery, 419. Neglect to prosecute for the unauthorized use of one's name on negotiable paper does not estop one from denying his liabilty on similar paper subsequently issued, 419. Statute allowing the various parties to negotiable paper to be joined in one suit, does not change the nature of each one's liability, 419. Waiver of demand and notice, 435. Alteration of promissory note; new promise, 477. NEW TRIAL. [See APPEALS AND APPELLATE PROCEDURE; PLEADING AND PRACTICE; EQUITY.] OBSCENE PUBLICATIONS. [See POST OFFICE LAWS.] OFFICES AND OFFICERS. Attorney not liable for fees of sheriff for services for client, 76. Liability of register for giving incorrect certificate, 121. Public officer liable for loss of public monies deposited in solvent bank which becomes insolvent, 156. Officer should not be allowed to amend return on writ, when, 275, Liability of public officer for losses, 361. Though plaintiff furnish copy of writ, sheriff entitled to his fees, 377. Liability of state treasurer for moneys irregularly advanced, 377. Liability of sheriff for proceeds of property attached, 459. Offices are the creatures of the legislatiye will, and may be abolished by it, 457. Uniformity of laws governing fees and salaries in Indi ana, 477. Term of office of sheriff under Missouri constitution. Query, VI, 479; answers, 39, 100, 120. OFFICIAL BONDS. Sureties on bond of officer not liable for his default during a previous term, 157. Acceptance by county of mortgage from delinquent collector does not release such officer's sureties on his official bond, 317. The official bond of a township treasurer was drawn up naming the principal and sureties, but was not signed by the principal and was accepted without the sureties' knowledge that it was not so signed. Held, that the sureties were discharged, 438. Liability of sureties of officers for delinquencies during former term. Query, 199; answer, 240. OPINION EVIDENCE. [See EVIDENCE; Experts.] OPTION CONTRACTS. [See CONTRACTS.] PARDONS. Notice of dissolution of, 116. Effect of creditor receiving notes of one partner for firm debt on dissolution, 153. Unsettled partnership account can not be set off by one partner in action on his note, 276. Right of surviving partner to dispose of assets, 335. Effect of payment of bank deposit to one partner, 356. As between partner and creditor the reof, note given by one partner without authority in firm name after dissolution, will not extinguish firm debt, 378. Notice of dissolution; duty of out-going partner, 458. Working land or pasturing cattle for an equal share of profits does not make tenant a co-partner with landlord, 499. PATENT LAW. Application to new use; article by O. F. Bump, Esq., 62. PAYMENT. [See also PLEADING AND PRACTICE.] Effect of part payment of claim pending action, 216. Bank acting as collecting agent of another has no authority to receive payment by check, 249. Construction of an authority to agent to receive payment; article from Law Times, 271. In counterfeit money does not discharge debt; upon offer to return money made within reasonable time, creditor may maintain suit, 317. In action to recover money paid in excess of proper amount for water license tender of or refusal of proper amount by officers must be shown, 418. Debtor and creditor; application of payments, 457. PETITION. [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; CRIMINAL LAW AND PROCEDURE.] Affidavit. In proceeding to collect rent by distress warrant, if plaintiff files affidavit 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 afidavit is filed it may impose terms, 298. 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, 208. 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; quære, 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. 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 denying 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 Missouri 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 In suit against indorsers of promissory note, declaration Judgment by default; application to be allowed to defend; what terms can not be imposed, 97. Action against two defendants; effect of judgment by default against one, 478. Defenses. PLEADING AND PRACTICE-Continued. 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 country, that a party holding the legal title to property involved 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 corporation, 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. Discretion of trial court in allowing or refusing to allow, pleadings to be filed after time, when interfered with, 156. Consolidation of actions under Missouri statute, 278. Requisites of complaint for new trial on ground of newly discovered evidence, 279. A uniform code of procedure; article by M. M. Cohn. 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, 498. Parties. Guarantor can not be joined in suit with principal; judgment by default against both erroneous, 77. Holders of legal title necessary parties to bill to enforce vendors' lien where no deed has been delivered to vendee, 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 family" of defendant 215. 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 sufficient 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 published. Ibid. Set-off and Counterclaim. Assignment of judgment; right of set-off of equitable claim, 176. Unsettled partnership account cannot be fset-off by one partner in action on his note, 276. United States Courts. Service on solicitor of subpoena to answer-cross bill, good in United States Courts in injunctions to try proceedings at law, and in cross suits in equity where plaintifs in each case reside out of the furisdiction. Lowenstein v. Glidewell, 167. 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 subpoena on defendants in cross-bill is necessary to bring them into court on such cross-bill, unless they voluntarily enter their appearance thereto. Ibid. 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 applied, 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 Constitution, 476. An amendment of pleadings showing citizenship and giving jurisdiction will be allowed, although if 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.] PLEDGE. 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. [See PLEADING AND PRACTICE.] PRESUMPTION, [See EVIDENCE.] PRINCIPAL AND AGENT. [See AGENCY.) PRIEST. [See ECCLESIASTICAL LAW.] PRIVATE INTERNATIONAL LAW. Judgments of sister states. Article by G. H. Wald, Esq. 3 PRIVILEGED COMMUNICATIONS. [See ATTORNEY AND CLIENT.] PROCESS. [See PLEADING AND PRACTICE.] PUBLICATION. [See, also, PLEADING and PRACTICE; Process.] Where one week's publication is required, one publication is sufficient, 379. PUBLIC POLICY. [Sce CONTRACTS.] PUBLIC ROADS. [See HIGHWAYS.] QUERIES AND ANSWERS. A being in Iowa, shoots across the state line and kills B, who is in Missouri; where is A triable? Query, 19. Answer, 19. |
