1055. Pledge of note, with power of sale; pur-
chase by maker. Zimpleman v. Veeder, 98 Ill. 613.

1056. Note given by depositor to bank indorsed
to another bank with collateral; maker cannot ap-
ply collateral for his benefit, on first bank becoming
insolvent. Munger v. Albany Bank, 13 N. Y. Week.
Dig. 275.

By Factor, 512; collateral Notes, 976; by Part-
ner of firm securities, 1018; of bonds by Railroad,
1081.

Police Power; MUNICIPAL FIRE LIMITS, 897.
Poor.

1057. "Sufficient ability " to pay for support.
Newton v. Feeley, 130 Mass. 12.

1058. Settlements of women; Massachusetts
Acts; constitutionality. Cambridge v. Boston, 130
Mass. 357.

1059. Women twice married; presumption of;
death of first husband. Hyde Park v. Canton, 130

Mass. 505.

1060. Settlement by "being duly enlisted" in
town quota; enlisting under false name; "'wilful
desertion." Milford v. Uxbridge, 130 Mass. 107.
1061. English poor law; settlement by residence.
Guardians v. Guardians, 7 Q. B. D. 539.

1062. Derivative settlement; effect of non-resi-
dence of father and husband. Fitchburg v. Athol,
130 Mass. 370.

Poor Debtor; arrest of, 55.

Possession; change of, on alleged Fraudulent Con-
veyance, 541; as evidence of Larceny, 733; of
Mortgaged premises, 839; defined, 900, 1072; in
Trespass, 1273.

Post-Office; POSTAL LAWS; MAILS.

1063. Embezzlement by mail agent; averments.
United States v. Hamilton, 9 Fed. Rep. 442.

1076. Charter of Little Rock & Napoleon Rail-
road not revoked by Constitution of 1874; question
of exclusive franchise; estoppel to object to rival
road. Little Rock, etc., R. R. v. Miss. River, etc., R.
R., 36 Ark. 663.

1077. Citizenship not changed by leasing road in
another State. Balt. & O. R. R. v. Koontz, 24 Alb.
L. J. 487; 3 Morr. Trans. 34.

1078. Citizenship of railroad chartered in three
States. Johnson v. Phil. W. & B. R. R., 24 Alb. L.
J. 536.

Powers; Stock and Bonds.

1079. Cannot do express business; duties to ex
press companies. Southern Expr. Co. v. Memphis
etc., R. R., 24 Alb. L. J. 515.

1080. Ultra vires; transportation contracts by di-
rectors for fixed time. Cleveland, etc., Co. v. Himrod
Co., 12 Rep. 761.

1081. Right of railroad company under N. Y.
General Railroad Act, to pledge its bonds; pledge to
director or president. Duncomb v. N. Y., H. & N.
R. R., 84 N. Y. 190.

1082. Preferred stock; guaranteed dividends held
cumulative and arrears included with interest; pass-

Public Lands.

of stock; laches; limitations. Boardman v. Lake
Shore R. Co., 84 N. Y. 157.

1083. Tax levied to pay railroad coupons; bill by
tax payer to enjoin treasurer. Virden v. Needles, 98
Ill. 366.

1084. Bill in behalf of minority of bondholders
to compel trustees to take possession of mortgaged
property. First N. Ins. Co. v. Salisbury, 130 Mass.
303.

1085. Right of stockholder under Act of 1853 to
participate in foreclosure purchase, revoked by Act
of 1854. Pratt v. Mimson, 84 N. Y. 582.

1086. Bill by creditors of insolvent railroad to
restrain improvident lease. Pond v. Fram. & L. R.
R., 130 Mass. 194.

Rights of bondholders, 231.

Taking Lands; Proceedings; Damages.

1087. Right of company to franchise not to be
considered in condemnation proceedings. Schroeder
v. Detroit R. Co., 44 Mich. 387.

1088. Petition for damages; Massachusetts prac-
tice. Wamesit Co. v. Lowell, etc., R. R., 130 Mass.
455.

1089. Oral agreement to release to owner part of
land within location; statute of frauds; part per-
formance. Barnes v. B. & M. R. R., 130 Mass. 388.
1090. Rental value as element of damages. O'Con-
nor v. St. Louis, etc., R. R., 12 Rep. 746.

1091. Refusal of director to convey depot grounds
bought for company; bill in equity. Mich. Air Line
R. v. Mellen, 44 Mich. 321.

1092. Award of damages; raising objections;
practice. Mich. Air Line R. v. Barnes, 44 Mich.
222.

1093. Right to build road across highway; Gene-
ral Railroad Act and Special Acts construed. Strana-
han v. Sea View R. Co., 84 N. Y. 308.

See also, 933; Recovery of State land wrongfully
taken by, 1207; see also, 595.

Town and County Aid.

1094. Town-aid; revocation of subscription by
tax payer; filing; estoppel by consent on file; tender
of stock received for bonds. Springport v. Teutonia
Bank, 84 N. Y. 403.

1095. Town not estopped by affidavit of assessor
from showing that consent of majority of tax payers
was not obtained. Cagwin v. Hancock, 84 N. Y.

532.

1096. Unauthorized contract by receiver for coun-
ty aid to finish road. Smith v. McCullough, 3 Morr.
Trans. 4.

Railroad Mortgages; Taxation.

1097. Term " property" in railroad mortgage
defined. Smith v. McCullough, 3 Morr. Trans. 4.
1098. Debenture, stock and mortgages; priority.
Harrison v. Cornwell R. Co., 18 Ch. D. 334.

1099. Taxation of railroad property; rights of
prior chattel mortgagee; when tax-lien attaches.
Binkert v. Wabash R. Co., 98 Ill. 205.

1100. Right of way; "Real estate other than rail-
road track "; State Board must make assessment.
Chicago & A. R. R. v. People, 98 Ill. 350.

As Carriers of Freight; Bills of Lading.
1101. Flour delivered on cars and receipt taken
in buyer's name, passes property. Wigton v. Bow-
ley, 130 Mass. 252.

1102. Company not bound by bill of lading,
fraudulently given by freight agent, for goods not
shipped; usage. Robinson v. Memphis & C. R. R.,

24 Alb. L. J. 535.

1103. Delay of cattle train by flood; trying to
run through water; giving owner facilities to un-
load. Bill v. N. Y. Central R. R., 84 N. Y. 5.

1104. Transporting animals; exemption clause
not applicable to carrier's own negligence. Hol-
supple v. Rome, etc., R. R., 24 Alb. L. J. 453.

1105. Lien of second carrier where goods stopped
in transitu. Potts v. N. Y. & N. E. R. R. (notes),
24 Alb. L. J. 464.

1106. Taking goods with knowledge of impedi-
ment beyond line. McCarthy v. T. IIaute R. R., 9
Mo. App. 159.

1107. Relations of dispatch company to trunk
lines. St. Louis Ins. Co. v. St. L. R. R., 24 Alb. L.
J. 514.

1108. Joint liability of connecting lines. Barrett
v. Ind. & St. L. R. R., 9 Mo. App. 226.
Theft from freight car, 717.

As Carriers of Passengers.

1109. Maine law as to stopping over; only valid
within State. Carpenter v. Grand T. R. Co., 24
Alb. L. J. 537.

1110. Passenger leaving train run over while
crossing second track. Brassell v. N. Y. Central,
etc., R. R., 84 N. Y. 241.

1111. Ejection of passenger riding improperly on
limited ticket. Penn. R. R. v. Wentz, 12 Rep. 761.
Negligence toward Neighboring Owners.
1112. Warehouse burned by sparks from engine
run to it by request. Marg., etc., R. R. v. Spear, 44
Mich. 169.

1113. Wheat field burned by fire kindled by
engine; sowing wheat on right-of-way land and
failing to remove stubble. Slossen v. Burlington,
etc., R. Co. (Iowa, Dec. 17, 1881), 10 N. West. Rep.
860.
1114. Brakeman struck by iron rod projecting
from bridge. Wabash R. Co. v. Elliott, 98 Ill. 481.
1115. Workman crushed between cars by yard-
master's carelessness; company not liable.
Cosker v. Long I. R. R., 84 Ñ. Y. 77.

Mc-

1118. Ringing of bell; rate of speed. Thomas
v. Del., L. & W. R. R. (U. S. C. C., North D. N. Y.),
12 Rep. 739.

1119. Running over young child; prospective
damages. St. Louis, etc., R. Co. v. Freeman, 36
Ark. 41.

1120. Cows on track frightened and running into
culvert. Hot Spr. R. Co. v. Newman, 36 Ark. 607.
1121. Running over mule; burden of proof.
Memphis, etc., R. R. Co. v. Jones, 36 Ark. 87.

1122. Killing stock in foggy weather. St. Louis,
etc., R. Co. v. Vincent, 36 Ark. 451.

1123. Act giving double damages, if killing not
posted, valid. Memphis, etc., R. Co. v. Horsfall, 36
Ark. 651.

1124. Walking on track at night while drunk;
no light on train. Little Rock, etc., R. Co. v. Park-
hurst, 36 Ark. 371.

Street Railways.

1125. Action by husband against street railway
for injury to wife from defective track. Osgood v.
Lynn & B. R. R., 130 Mass. 492.

1126. Not negligence per se to stand on front
platform of street car. Nolan v. Brooklyn R. Co.,

13 N. Y. Week. Dig. 286.
1127. Starting car with jerk, throwing passen-
ger against glass. Dougherty v. Miss. Pacific R. R.,
9 Mo. App. 478.

Rape.

1128. Definition of "force" and "threats."
Jones v. State, 10 Tex. App. 552.

See also, Assault, 65.

Real Property; Conditions affecting, 366; as to
Water, see that title; see also, SIC UTERE TUO.
Receipt; RELEASE; see 504.

Related topic, PAYMENT.

Receiver.

1129. Power of chancellor to appoint in vacation.
Franklyn v. Meyer, 36 Ark. 96.

1130. Collusive contracts between insurance com-
panies; receiver of one cannot sue for damages.
Alexander v. Relfe, 9 Mo. App. 133.

Under Mortgage, 841; of Railroad, 1096.
Receiving Stolen Goods; see Larceny.
Record and Registration.

1131. Recorder's index marred, causing failure
of notice. Dodd v. Doty, 98 Ill. 393.

1132. Entry by register without instructions.
Brigham v. Brown, 44 Mich. 59.

1133. Name of mortgagee omitted by register in
copying; the "entry-book." Sinclair v. Slawson,
44 Mich. 123.

1134. How far deed avoided by non-record. Smith
v. Williams, 44 Mich. 240.

1135. Of wife's deed in maiden name; actual
notice must be exact. Draude v. Rohrer Co., 9 Mo.
App. 249.

Of Attachment, 83; Court records, 444; of Land
certificates, 457; Mortgages, 843, 845, 891.

See also, IDEM SONANS; BILL OF SALE.
Reference.

1136. Rules established by justices of N. Y.
courts; How far void, as inconsistent with Code.
Gormerly v. McGlynn, 84 N. Y. 284.

1137. Aetion for account of lunatic's property
referable though fraud and conspiracy charged.
Harrington v. Bruce, 84, N. Y. 103.

See also, ARBITRATION.

Religious Society; see CHURCH.

Remainder; see DEVISE; TENANT FOR LIFE.
Removal of Causes.

1138. When petition is filed in time; "trial"
defined. Meyer v. Norton, 9 Fed. Rep. 433.

1139. Local prejudice; removal refused after
delay of a year. Metrop. Ins. Co. v. Fletcher, 44 Mich.
144.

1140. Where cause is remanded; Illinois Act.
King v. Worthington, 3 Morr. Trans. 101.

1141. Bill to foreclose pledge; original pledgor a
non-resident; immediate pledgor not; removal de-
nied. Danvers Bank v. Thompson, 130 Mass. 490.

1142. Removal of bill to enjoin creditor from en-
forcing judgment; money received by sheriff remains
under control of State court. Smith v. Schwed, 9
Fed. Rep. 483.

1143. Bill to compel trustee to apply income to
pay cestui's debts; cestui a non-resident; removal
into Federal court. Broadway Bank v. Adams, 130
Mass. 431.

1144. Citizenship of railroad company not changed
by leasing road in another State. Balt. &0. R. R.
v. Koontz, 24 Alb. L. J. 487; 3 Morr. Trans. 34.

1145. Citizenship of railroad chartered in three
States. Johnson v. Phil., W. & B. R. R., 24 Alb.
L. J. 536.

1146. Waiver of right; jurisdiction wrongly kept
by State court. Balt. & 0. R. R. v. Koontz, 3 Morr.
Trans. 34.

1147. Testimony after removal of witness disquali-
fied by State law. King v. Worthington, 3 Morr.
Trans. 101.

Residence; in transitory actions, 373; as to settle-
ment, see POOR.

Res Gesta; Declarations, etc., 351; in Libel, 748;
in Murder, 943, 952.

Retrospective Laws; as to Corporate Charters, see
CORPORATION; Taxation, 1242.
Review, bill of.

1152. Practice as to bills of review. Lord Bacon's
ordinances. Davis v. Speiden, 24 Alb. L. J. 447.
Reward; for Lost Property, 413.
Reparian Rights; see WATER;
WATERS.

River; see NAVIGABLE WATERS.
Robbery.

NAVIGABLE

Shipping and Admiralty; connected topics, AVER-
AGE; INSURANCE (Marine); SALVAGE.

1192. What contracts are maritime; liens under
State law. The Guiding Star, 9 Fed. Rep. 521.

1193. Three miles not assumed a marine league,
though exceptions state such was the understand-
ing of jury. Comm. v. Parker, 130 Mass. 40.

1194. Indictment for employing unlicensed engi-
neers; averments. United States v. Sims, 9 Fed.
Rep. 443.

1195. Penalty for discharge of seamen by mas-
ter; Federal Act of 1872. United States v. French
(U. S. C. C. East D. Pa.), 12 Rep. 771.

1210. Conditional grant by State; substantial
compliance. Kiefer v. Germ. Am. Sem. (Mich.), 24
Alb. L. J. 518.

1211. Action by State to recover back money ob-
tained by contractor by fraud; counter-claim of
balance due for labor, not proper; stipulation on
appeal by attorney general. State v. Dennison, 84
N. Y. 272.

Unclaimed Legacy, 398; Probate judge not State
officer, 502; State hospital not Garnishable, 563;
public right to Ice, 596; State Insurance depart-
ment, 646; Mandamus to compel State officer to
refund money, 787; Pilots, 1051.

Related topic, UNITED STATES.

Statute of Frauds.

1212. Must be pleaded. Donaldson v. Newman,
9 Mo. App. 235.

1213. Defense of, not available by demurrer.
Futches v. Futches, 24 Alb. L. J. 498.

1214. Partnership in farm lands under oral agree-
ment; bill by administratrix against surviving part-
ner for accounting. Personette v. Pryme (7 Stew.
N. J.), 12 Rep. 791.

Parol transfer of Crop, 344; Execution sale of
land previously sold by parol, 465; see also, 463;
Contract exceeding 50%. in value, 1050; oral agree-
ment by Railroad as to land, 1089; Sale of Goods,
1159; Trusts, 149, 1288; Vendor and Purchaser
(Land), 1310.

Statutes; LEGISLATION.

1215. Record of passage in lower house.
v. Thornton, 98 Ill. 156.

1216. Contemporaneous amending acts.
rington v. H.'s Estate, 24 Alb. L. J. 538.
Implied repeal of Criminal Act, 330.
Stocks; SHARES.

Wenner

Har-

1217. Assignment by corporation of calls due on
stock; draft on stockholder. Bank of Commerce v.
Bogy, 9 Mo. App. 335.

1218. Order to broker to buy stocks on margin;
usage for broker to assume contract himself, illegal.
Comm. v. Cooper, 130 Mass. 285.

1219. Gaming contracts; margins; custom of
brokers to compute compound interest not usurious,
Hatch v. Douglas (48 Conn.), 12 Rep. 744.

Partnership, ownership of, 1034; of Railroads, see
that title; other connected topics, CORPORATION,
226; SUBSCRIPTION, 1224.

Stoppage in Transitu.

1220. Consignment to agent; transfer of title to
goods while in transit. Becker v. Hallgarten, 24

Alb. L. J. 475.

On Railroad, 1105.

Street; see HIGHWAY,

Street Railways, 1125.

Subrogation; in Marine Insurance, 648.
Subscription.

1221. Action by building committee of cheese
factory for unpaid subscription. Carr v. Bartlett
(Me.), 12 Rep. 781; 24 Alb. L. J. 450.

1222. Conditional order to book agent; terms
printed in order-book varied by agent. Eberts v.
Selover, 44 Mich. 519.

1223. Enforcement of subscription by committee
of business enterprise. Carr v. Bartlett, 24 Alb. L.

J. 450.