« PreviousContinue »
QUERIES AND ANSWERS-Continued.
RAPE. Can a will be established by evidence of parol declara.
[See, also, CRIMINAL EVIDENCE ) tions of deceased? Query, 19. Answers, 19, 59. Term of office of Sheriff under Missouri Constitution.
On indictment for, evidence that prisoner visited bc ises Query VI, 479. Answers, 39, 100, 120.
of ill-fame and gambled inadmissible, 17. A says: “I will give you a dollar for your inkstand." B
On indictment for rape on female under twelve, her s Atesays: “I accept, it is yours," A goes for his satchel
mnts or belief of prisoner as to her age no defense 213. to put it in, and when he returns B refuses to let him Indictment for, on child under ten years, 437. have the inkstand. What is A's action for redress? Query, 39. Answers, 59, 99.
RECEIVERS. Construction of Kansas statute permitting adjournment' Where a receiver has been appointed since the comof trial. Query, 39. Answers, 60, 119.
mencement of a suit against corporation, he will not be Contribution by sureties. Query, VI, 499. Answers, 159, 179. made a party defendant at suggestion of the plai itir. Meaning of "adjoining township” in Missoari statute as If he desires, he can be allowed to defend upon ma king to suits before justices of the peace. Query, 140. An
application therefor. Mercantile Ins. Co. V. Jayne 67. swer, 140.
Suit can not be commenced against receiver without lave Catholic priest borrows money to improve school-house, being first obtained from court appointing him. Ha le v.
and gives note of church by himself as pastor; who Duncan, 146. must be sued? Query, 99. Answer, 140.
Statute of Mississippi, providing that receivers appoi ited What power has a court of equity to set aside a sale
by any court may be sued without leave of the cour ap. made by executor to himself on his own motion? Query, pointing or controlling them, can have no application to 80. Answer, 159.
receivers appointed by courts of the United St ites. If A, being in Illinois, shoot across state line and mor
Ibid. tally wound B in Missouri, who goes into Iowa and When appointment of receiver of insurance company audies, where is A triable? Query, 59. Answer, 160.
thorized, 192. Can parol contract between principal and agent, where. Appointment of receiver, as regards his right to proferty
by agent is to sell principal's lands, etc., be enforced in and possession, dates from entry of order appoi ting equity, and can evidence of third parties, who heard him, and not from giving of bond, 201. the parties separately ratify the contract, be admitted? Receiver's certificates; powers of receivers to issue; rights Query, 179. Answer, 199,
and duties of holders. Bank of Montreal v. 0. O. & W. Mistake in making deed; a novel case. Query, 179. An
R. R., 267. swers, 220, 380.
Liability of receivers for leaving open a dangerous exca. When two amendments of laws are passed by legislature vation. Hagan's case, 311.
at same time, which will prevail? Query, 159. Answer, 240.
RECOGNIZANCE. Liability of sureties of officer for delinquencies in former term. Query, 199. Answer, 240.
Action on, can be commenced only after adjournment of Is prospective waiver of homestead right contained in
court at which forfeiture was taken, 275.
199. Answers, 280, 320.
| REFERENCE. if he will remain in the state and give his evidence in
(See ARBITRATION AND AWARD.] the case, void? Query, 240. Answer, 240. In order to get tenant to quit landlord pays him $100; can REFORMATION. he afterwards recover it? Query, 260. Answer, 340.
Deed or mortgage may be reformed against subsequent How should dower and homestead be assigned under Illi
purchaser or mortgagee who acquires rights with notice nois statute? Query, -60. Answer, 379.
of the equities, 314. A question in the law of homesteads. Query, 280. Answer, 889.
Of contract of insurance, 497. What was the law of limitation of Missouri as regards REGISTRATION LAWS.
foreclosing mortgages in the year 1862? Query, 320. Answer, 340.
Liability of register for giving incorrect certificate, 121. A question as to an action of trover. Query, 359. An Correction by register of mistake in recording mortgage swer, 400.
can not operate to overreach a levy made before the Contract; infancy; discharge of surety. Query, 359. An
correction, 141. swer, 420.
Mortgage; registration laws; notice, 237. What is the meaning of the term “shyster?" Query, 400.
Effect of record of plat; alteration of registry, 234. Answer, 420.
Defective record of mortgage does not constitute notice, A executes his note to a feme sole, whom he afterwards
316. marries without paying the note. How does this affect In suit by mortgagee against mortgagor, or against subthe note? Query, 419. Answer, 480.
Bequent grantee with notice, no averment that mortgage Must personal property be reduced to possession in order was recorded necessary, 418.
to entitle the owner to exemption under the statute? Query, 460. Answer, 500.
REMOVAL OF CAUSES. A stakeholder is summoned as garnishee in a suit against
Approval of sureties on bond, 136. the owner. Can he be held liable to the extent of the
Application for removal of cause can not be made to an funds in his hands? Query, 400. Answer, 500.
appellate court. Re Fraser, 227. A question as to foreclosure of mortgages in Michigan.
Word "party" in the act of 1875 is collective, and means Query, 139. Answer, 199.
all the plaintif's and all the defendants: all on each side
must be "citizens of different states" from those on the RAILROADS.
other side. Ibid. [See, also, NEGLIGENCE.]
A federal court has no jurisdiction in proceedings to es
tablish a will, Ibid. Bill of lading; exemption from loss by fire; insurance, 15.
In an application for removal of a cause from a state to Not liable to action for consequential damages occasion
a federal court, the petition and bond must be filed ed by the construction and operation of their worke. 213.
“before or at the term at which the cause could be first Corporation operating railroad under deed of trust a
tried, and before the trial thereof." Taylor y, Rocke. "railroad corporation" within Kansas statute, 219.
feller, 349. Massachusetts statute regulating rates of freight does Federal court and not state court has the power to ad.
not apply to goods transported by one railroad over judge whether the case is a proper one for removal. line of another, 235.
Ibid. Illinois statate as to sale of railroad tickets, commonly
Under act of 1875, although some of the formal or nom. called the "scalpers act," constitutional, 261.
inal plaintiffs and defendants may be citizens of the Construction of Ohio act giving penalty for overcharges, Bame state, still if it be shown that it is a controversy 500.
wholly between citizens of different states, and can be What constitutes an appropriation of land by a railroad fully determined as between them, it may be removed company, 341.
Section 634, Revised Statutes, as to removal to the Unit. RAILWAY AID BONDS.
ed States Circuit Court of prosecutions against federal
revenue officers in the state courts, constitutional, 1 See MUNICIPAL BONDS.)
Findley v, Satterfield, 365,
REMOVAL OF CAUSES-Continued. The provisions of said section apply to every case of a federal revenue officer indicted in a state court for an act done under color of the United States revenue laws, but charged to be in violation of the criminal law of the state, and are not restricted to cases where an attempt is made by a state legislature to nullify a law of the
United States. Ibid. When application must be made; construction of act of
March 3, 1875, 398. RELEVANCY.
(See EVIDENCE. REPLEVIN, After sale by him of property wrongfully levied, sheriff not proper party to action of replevin for its restora
tion, 75. RES ADJUDICATA.
[See JUDGMENTS AND DECREES.] REWARD. Authorities of county no power to offer a reward for the
apprehension of a criminal. Hawk v. Marion Co., 204. But board of supervisors may offer and pay reward for
recovery of money stolen from county treasurer. Ibid. A person who recovers part only of the money stolen, is
entitled to a pro rata portion of reward. Ibid. RIPARIAN RIGHTS. Right to perpetual use of water need not be dependent
on lands to which it is appartenant, 78. Private individual can not acquire a private right in nav.
igable waters, 459. SALES. Change of possession, under Missouri statute, as to sales
of personal proyerty, must be open and notorious; retention of old sign held to make the transfer fraudulent.
Wright v. McCormick, 169. Construction of Wisconsin statute as to conditional sales
of personalty, 236. Conditional sales ; vendor of personal property can not
assert condition against bona fide purchaser, when he
has been guilty of laches, or has waived condition, 479. SCHOOLS AND SCHOOL LAW. Teachers' certificate, under Illinois law, not void for in
formality, 37. Certiorari proper proceeding, in Illinois, to review pro
ceedings of trustees of schools, 195. Power of school directors to contract with teachers, 297. Teachers' contract is for personal service, which can not
be fulfilled by hiring a substitute, 436. Powers of teacher, 437. Authority of rulings of educational department (Wis.,,
437. County superintendant can not recover from county for
services in holding irregular examination (Iowa), 456. SEDUCTION. Defendant can not be convicted of seduction where
woman makes resistance, 77. Action maintainable by mother of minor, though seduc
tion took place in lifetime of father, and loss of service
happened after his death, 203. Loss of service; effect of parol contract as to service, 231. SELF DEFENSE.
(See CRIMINAL EVIDENCE.] SENTENCE.
(See CRIMINAL LAW AND PROCEDURE.) SET OFF AND COUNTERCLAIM.
[See PLEADING AND PRACTICE.] SHERIFF.
[See OFFICES AND OFFICERS.) SLANDER AND LIBEL.
Declaration for slander; descriptive allegation; vari. ·ance. 98. Averment in libel that defendant “ uttered " certain
words suficiently avers their publication, 153. Special damage not being the immediate consequence of
publication, no action lies, 154. In action for slander, evidence of pecuniary circum
stances of defendant admissible, 197. Words "I have every reason to believe” plaintiff burned
a barn, held actionable, 203. Words "he would venture anything plaintiff had stolen om, the book," aotionable, 843.
SLANDER AND LIBEL-Continued.
without his knowledge, 344. Actionable to utter such falsehoods of a candidate for a
blic office as will cause persons not to vote for him, 844. Admissibility in action for libel, of other libelous publi
cations, 345. A newspaper is never exempt from liability where other publications of libel would not be. Foster v. Scripps,
485. Attacks on public officers, 485. Where'an officer is not elected by the public, but appoint.
ed by the municipal government, e. g., a city or district physician, no libel against him is privileged except & bona fide representation made without malice to the proper authority complaining on reasonable grounde,
485. A newspaper article, charging a city physician with caug.
ing the death of a patient by introducing scarlet fever into his system during vaccination, is libelous and not
privileged, 485. SNOW. Liability of owner of property to remove snow from side
walk, 426. SPECIFIC PERFORMANCE. On ground that party complaining has contributed to
purchase-money, 315. Can parol contract between principal and agent, where agent is to sell principal's lands, &c., be enforced in
equity? Query, 179; answer, 199. STAKEHOLDER.
[See GARNISHMENT.] STATUTE OF FRAUDS. A verbal promise, by a judgment-creditor, to indemnity an officer holding an execution, against loss or damage from the seizure and sale of property claimed by the debtor to be exempt from execution, is not within the
statute of frauds, 74, STATUTE OF LIMITATIONS.
[See LIMITATION.) STATUTES.
[See INTERPRETATION.) STOCKHOLDERS.
(See CORPORATIONS.) STOCK, KILLING BY RAILROAD.
[See NEGLIGENCE.) SUBROGATION, When allowed in equity; one voluntarily assuming a
debt not entitled to; rights of intervening creditors,
152. Creditor seeking subrogation to right of securities
given by debtor to indemnify debtor's sureties, takes securities as he finds them when he applies to be
subrogated, 198. SUNDAY. In action to recover damages for injuries received while
traveling, that plaintiff was at the time engaged in
labor on the Sabbath contrary to law, no defense, 181. SURETIES.
[See, also, OFFICIAL BONDS.] Bond with sureties was given to plaintiff company by a
freight agent for the faithful discharge of his duties. Principal having made default, suretles defended on ground that when they executed the bond, there was a rule of the company prohibiting credit to be given for freights, which rule was afterwards changed, and their principal was thereby allowed to give such credits, and also that though default had occurred, company did not notify sureties thereof, and retained the agent in office. Held that these facts did not discharge the sureties, 142. Provision inserted in note without consent of surety for
payment of exchange or express charges does not dis
charge him, Bullock v. Taylor, 247. Surety's liability continues where provision which would
add to it is void, 247. Effect of omission of liability clause in bond upon, 399.
does not discharge surety, 457.
lay agreed upon, and will not discharge surety, 475. Where sureties engage for faithful discharge of person
as book-keeper of bank, his employment as teller dis
charges them, 498. Contract; infancy; discharge of sureties. Query 359;
answer, 420. BURGEONS.
[See PHYSICIANS AND SURGBONS.) TAXATION.
See also, CONSTITUTIONAL LAW; MUNICIPAL BONDS.) Parties having no interest, can not contest levy of tax, 17. National bank located in New Jersey, but receiving de.
posits at office in Pennsylvania, not thereby subject to be taxed in latter state, 21. The liability of counties, cities and towns to pay back il.
legal taxés, voluntarily paid. Editoral articles, 23, 43. Taxes collected for payment of bonds illegally issued.
can not be recovered back. Ranney v. Bader, 188. Tangible property of corporation and shares of stock
are distinct kinds of property, and both are subject to taxation, 195. State may tax insurance company on all its business froni
all sources, 241. Private banker taxable on average amount of deposits
used by him in his business, 259. The “ Western Seamans' Society” not an “institution of purely public charity," and not exempt from taxation under Nlinois law, 319. Such law applies only to domestic corporations. Ibid. Valuation of lands by board of equalization can not be
reviewed or changed by court, 337. State taxation of auction sales of foreign goods, uncon.
stitutional, 401. TAX SALES. Sale of land for taxes, under Tennessee act, invalid, un
less collector's report shows that it was struck off to
bidder who would pay taxes, penalties, &c., 158. Where tax sale is declared void, purchaser is entitled to
six per cent. on his investment (1 enn.). Ibid. Failure to recite date of execution, renders tax-decd
void, 176. TENDER. Agreement to pay in “ good notes," tender of note suflic.
ient, though some of the indorsers had restricted their
Jiability, 334. TRADE-MARKS. “Henry', New and Revised Edition of Jousse's Royal
Standard Piano Forte Tutor, held a fraudulent imitation of .. Henry's Royal Modern Tutor for the Piano,"
on account of similarity of title, 16. United States Federal Court has jurisdiction of suit in
equity to restrain infringement of trade-mark, irrespec.
tive of citizenship of parties, 81. Jurisdiction of Federal Courts in trade mark cases. Ar
ticles by Wm. Ritchie, Esq., I. 143; II. 163. Letter from R. McP. Smith, on same subject, 198. Clause 8, of section 8, article 1, Constitution of the United
States, does not confer upon Congress the power to leg. iblate upon the subject of trade marks. Chapter 2, title 60, United States Revised Statutes, relaling to trade-marks, is therefore unconstitutional. Leiders
dorf v, Flint, 405. The Federal Courts have no furisdiction of a bill in
equity to restrain an infringement of a trade-mark, where both parties to the suit are citizens of the same
state, 405. Constitutionality of Federal legislation as to trade-marks.
Article by Wm. Henry Browne, 495. TREATY. The Supremacy of a Treaty and the Soveroignty of a
State; article by Hon. Wm. Archer Cocke, 423. TRESPASS. Suficient justification that officer was acting under pro.
cess issued from court having jurisdiction, 116. Where an agent permits subordinate employee to tres.
pass, he 18 liable for negligence rather than for the trespass itself, 419.
TRIAL BY JURY,
[See CONSTITUTIONAL LAW; PLEADING AND PRACTICE. TROVER, Constable may maintain, for property levied upon by
him, 155. ·
A question as to an action of, Query, 359; answer, 100. TRUSTS AND TRUSTEES. Where a person as an agent has money of another in his hands and deposits it in a bank in his own name, bene. ficial owner may recover the money or its value from the bank, when no rights of innocent owners have in.
to recover fund, 318.
party to whom it is deeded; trust will arise in favor of
owner, 460. B, who afterwards died intestate, some time before her death deposited in a savings bank $500, declaring, at the same time, that she wanted the account to be in trust for L, a distant relative. The account was 80 en. tered, and a pass-book delivered to B. B thereafter drew for her own use one year's interest on the deposit. L was not informed, and knew nothing of the de posit. This was held to constitute a trust in favor of L which could be enforced against the administrator of
B, 463. Trusts from purchase of lands, when not created, 475. Executions against trust funds and annuities, 483. ULTRA VIRES. Where part of a contract is ultra vires, whole contract not
void, 287. Purchase of promissory note by national bank not, 33.
Taking of special deposits by national bank 16, 342. | UNITED STATES COURTS.
(see JURISDICTION; PLEADING AND PRACTICE.) USAGE.
(See CUSTOM.] i USURY. i annot be set up in suit by bona fide holder of promis.
sory note, 299.
[See also DEEDS.)
ecuted convoyance without covenants, 59.
afterwards proves worthless, 437.
fore all are due when, 437. VENUE.
[See PLEADING AND PRACTICE.J VERDICT.
[See PLEADING AND PRACTICE.] WAGERS.
[See CONTRACT8.) WAIVER.
Of lien on goods sent to be manufactured, 62.
Implied warranty on sale of goods, 76.
liable on implied warranty of title, 192. WATERS AND WATERCOURSES.
[See RIPARIAN RIGHTS.] WILLS. Bequest to the “poorest of my kindred " construed
for benefit of those who are really poor and not of
those who are the least wealthy, 16. Construction of clause in will bequeathing a specific sun
of money to a married woman, and providing that if she shall die leaving no child, then ihe money should be divided between testators children, 138. Construction of word “heirs." in will, 74. "Survivors,"
Parol evidence of test ator declarations, 38.
vocation of such devise; and this, where the convey-
judgment admitting it to probate. Ibid. Can a will be established by evidence of parol declara
tions of deceased. Query, 19; answers, 19, 59. WITNESSES.
[See EVIDENCE.] WOMEN,
[See LAW AND LAWYERS.) WORDS AND PHRASES.
(See INTERPRETATION.] WRITTEN INSTRUMENTS. [As to how for written instruments are subject to parol evidence, see EVIDENCE. As to construction of particular words in a written instruments, Bee INTERPRETA. TION.]
Clause in will, "I order that $500 per year, for ten years,
be paid over to my niece A," gives her an annuity and
not a legacy of $300, payable in installments, 336. Action will not lie to contest the validity of a will exe
cuted in another state, when a copy of such will and of the probate thereof, duly certified, are offered for filing and record in a court of Indiana. Harris v. Harris,
845. When a probate judge is named legatee in an instrument
purporting to be a will, bis orders for hearing and for notice of publication are good, 438.
Volumes of the CENTRAL LAW JOURNAL, in half sheep, cloth sides, at the following rates : Vol. 1, 1874, $5.00 ; Vol. 2, 1875, $5.00; Vol. 3, 1876 ,$5.00 ; Vol. 4, Jan. to June, 1877, $4.00; Vol. 5, July to December, 1877, $1.00; Vol. 6, January to June, 1878, $4.00; Vol. 7, July to December, 1878, $4.00. Total, $31.00. Parties wishing the entire set will be furnished them for $28.00, purchaser to pay freight. These volumes contain more recent case-law than can be obtained by investing four times their cost in ordinary reports. The cases being selected with great care, and nearly one-half of them being annotated by well-known legal writers, may well be denominated Leading Cases. Each volume contains an exhaustive Index and Table of Cases.
CENTRAL LAW JOURNAL MONOGRAPHS.
THE ENFORCEMENT OF JUDGMENTS AGAINST BANKRUPTS. By A. C. FREEMAN, author of 1“Freeman on Judgments,” etc.
PRICE, 50 CENTS.
This brochure contains an able and thorough exposition of the subject discussed, which, since the repeal of the Bankrupt Law, will be found particularly useful to the practitioner.
FREEMAN'S VOID JUDICIAL SALES.
VOID EXECUTION, JUDICIAL AND PROBATE SALES, and the Legal and Equitable Rights of Pur
V chasers thereat, and the Constitutionality of Special Legislation, Validating, Void Sales and Authorizing Involuntary Sales in the absence of Judicial proceedings. By A. C. FREEMAN, Esq., author of "The Law of Judgments,” etc.
PRICE: (Fine Muslin) $1.50. This work contains 144 pages, and is divided into Seven Chapters, as follows: Chap. 1. Plan and Scope of the Work; Definitions. Chap. 2. Sales Void because the Court bad no authority to Enter the Judgment or Order of Sale; Orders of Sale in Probate and How Authority to Make Must be Obtained. Chap. 3. Sales Vold because of Error or Omission Subsequent to the Judgment or Order of Sale. Chap. 4. The Confirmation and Deed. Chap. 5. The Legal and Equitable Rights of Purchasers at Void Sales. Chap. 6. The Constitutionality of Curative Statutes. Chap. 7. Constitutionality of Special Statutes Authorizing Voluntary Sales.
DILLON'S REMOVAL OF CAUSES.
DEMOVAL OF CAUSES FROM STATE TO FEDERAL COURTS. Second edition. 8vo. pp. 121. A comNplete exposition of the Law governing this important subject, with Forms. By John F. DILLON, LL.D., Judge of the Eighth Federal Circuit. This edition, about three times the former in size, brings the decisions of the State and Federal Courts down to March 1st, 1877. 341 cases are cited.
PRICE: Paper, $1.00; Cloth, $1.30. DILLON'S BLANK FORMS for REMOVAL OF CAUSES from STATE TO FEDERAL COURTS.
SEVEN FORYS. PRICE FOR SET, 35 CENTS. LAWSON'S "CIVIL DAMAGE" LAWS. THE CIVIL REMEDY FOR INJURIES ARISING FROM THE SALE OR GIFT OF INTOXICATING 1 LIQUORS. By John D. LAWSON, Editor of the Central Law Journal.
PRICE: 30 CENTS: A pamphlet of over fifty pages, containing the Civil Damage Laws of Maine, Connecticut, Indiana, New Hampsbire, Illinois, Iowa, Kansas, Michigan, New York, Ohio and Wisconsin, together with all the adjudications which have been made under these acts from the time of their adoption in the different States to date. This brochure will be of great value to the profession of those States in which these statutes are in force.
"It treats of the statutory remedy; liability of master and servant; joint liability of several sellers; liability of owners or lessors of premises where liquor is sold injuries to person, property and means of support:rights of wife; measure of damages; evidence, and other questions relating to a civil remedy for damages arising under laws regulating the selling and giving away of intoxicating liquors. This pamphlet enters upon a field but little explored by writers upon law, and, in view of the fact that statutes of this character are of comparative recent enactment, and that litigation under them is constantly increasing, this little work, containing all adjudications bearing upon the subject, will commend itself as a work of value to the profession."-Chicago Legal News.
FRANK'S BANKRUPT LAW.
THIRD EDITION. THE BANKRUPT ACT OF 1867, as embodied in the Revised Statutes; consolidated with its amendments
inculding all Subsequent Amendatory and Supplemental Acts, with Notes. Compiled with the Rules, Form and Schedules, a full Table of Cases and an exhaustive Index. By NATHAN FRANK, Esq., of the St. Louis bar,
PRICE: PAPER, $1.25; FINE MUSLIN, $1.50. "For the practitioner who desires to have the Bankrupt law, with the adjudications of the courts explana tory of the various provisions in a concise and accurate form, we know of no other work equal, in every respect to the one before us. The present edition gives the entire bankruptcy law as it now exists."-Albany Lavo Journal.
“This is another of those valuable monographs issued from the office of the CENTRAL LAW JOURNAL. It is very handsomely printed, with side notes showing the subjects of the sections. The notes are digests of the authorities appropriate to the subjects of the sections. There are also forms and a full index to the book. As a handbook of the law it is very convenient and cheap."- Daily Register, N. Y.
"The object of this edition is to exhibit the laws relating to bankruptcy as they should now be read, by noneolidating with the title 'Bankruptcy' in the Revised Statutes of the United Stated, all subsequent amendaconsolidating with the title 'Ba tory and supplemental acts, and placing the number of the sections of the Revised Statutes with which they, correspond. The author has endeavored to collect the decisions which construe and expound the law as it now stands, with particular reference to the adjudications upon the amendatory acts, which will be a great assistance to the practitioner. The General Orders promulgated by the Supreme Court have been added with a Table of Contents. The entire work has been carefully indexed.”-Pittsburg Legal Journal. Any of these Monographs sent Prepaid on receipt of the rice. Address: CENTRAL LAW JOURNAL,P 508 & 509, Chamber of Commerce,