1540. Compulsory dissolution under New York
Code; application by president on behalf of him-
self and other stockholders; proceedings. Bliven
v. Peru Steel Co., 9 Abb. N. C. 205.

1541. Corporate stock treated as partnership
assets belonging to original associates, and distribu-
tion decreed accordingly. Short v. Beaudry, 56

Cal. 446.

1542. Creditors of embarrassed company may be
required by law to express dissent from measures
proposed for relief, on penalty of assent being pre-
sumed. Union Canal Co. v. Gilfillin, 93 Pa. St. 95.

1543. Corporation may be lessee from year to
year; may be bound as lessee for years without
execution under seal. Crawford v. Longstreet (N. J.),
13 Rep. 115.

1544. Question of power of manufacturing com-
pany to lease, under charter. Cass v. Manchester
Co., 9 Fed. Rep. 640.

1545. Liable on its negotiable paper, though in
excess of lawful indebtedness; negotiability not
affected by affixing seal. Auerbach v. Le Sueur Mill
Co. (Minn.), 13 Rep. 50.

1546. Increase of corporate stock; provisions of
California Code inconsistent with State Constitu-
tion. Ewing v. Oroville Co., 56 Cal. 649.

Officers; Powers; Personal Liability;

Records.

without the statutory assent of two-thirds of stock-
holders; corporation cannot assent as to stock
owned by itself; question as to deducting such
stock in estimating amount necessary; stock trans-
ferred by the company as collateral security must
be reckoned, and the transferee is the stockholder
within the Act: Vail v. Hamilton, 85 N. Y. 453.

1557. Mere verbal agreement to take stock in in-
surance company, in process of organizing, does
not, under Ohio laws, make promisor a member of
the corporation, and is invalid for want of consid-
eration. Fanning v. Hibernia Ins. Co., 37 Ohio St.
339.

1558. Possession of certificates of stock as evi-
dence of ownership, which purchasers may rely on;
blank indorsements; power of managing director
to indorse certificates. Walker v. Detroit Transit R.

R. (Mich.), 11 North W. Rep. 187.
1559. Creditor of company may sue stockholder
without first proceeding against security transferred
by company. Sonoma V. Bank v. Hill (Cal.), 13

Rep. 68.

1547. Successive failures by trustees of manufac-
turing corporation to file reports; application of Act
of limitation. Cornell v. Roach, 9 Abb. N. C. 275.

1548. Personal liability of directors assenting to
contracting of debts above limit; giving new note
for old not an increase of indebtedness. Rutland
Bank v. Paige's Ex'r, 53 Vt. 452.

1549. Executory contract of purchase of stand-
ing timber, is not a debt for which directors of private
corporation neglecting to publish articles of associa-
tion are liable. Cady v. Sanford, 53 Vt. 632.

1550. Power of general manager to assign choses
in action to creditors of the company. McKiernan
v. Leuzen, 56 Cal. 61.

1551. Company held liable for overdrafts by pres-
ident and secretary on bank acting as its treasurer;
the charter allowing overdrafts, but the officers
being illegally elected. Mahoney Mining Co. v.
Anglo-Cal. Bank, 3 Morr. Transc. 180.

See also below, 1558.

1552. Title taken in treasurer's name; purchaser
under execution against treasurer, not allowed to
claim where notice was given him. Holmdel Co. v.
Conover, 34 N. J. Eq. 364.

1553. Action against treasurer for money received
for stock not delivered; special facts. Loring v.
True, 3 Morr. Transc. 174.

1554. Wilful refusal of clerk to exhibit records;
liable under Vermont Act for penalty of $10 for
every day the neglect continued; nor need the
stockholder renew his request. Lewis v. Brainerd,
53 Vt. 510.

See below, 1563; also, 2442.
1555. Statutory records filed by company in
town clerk's office conclusive against them in col-
lateral suit. Stratton v. Lyons, 53 Vt. 130.
Liability of Directors under Foreign laws, 1933.

Stock and Stockholders; Personal Liability.
1556. Mortgage by manufacturing corporation

Schnei-

1566. Parties may by agreement make expenses
taxable as costs, though not so by statute.
der v. New York, etc., Coal Co. (Pa.), 13 Rep. 59.

1567. Requisites of statutory bond for costs;
common law bond; recovery on such a bond not
limited to statutory amount; parties; joint and
several covenants. Warner v. Ross, 9 Abb. N. C.
385.

1568. Allowing separate bills of costs where de-
34 N. J. Eq. 51.
fendants sever instead of joining. Putnam v. Clark,

1569. Certificate of judge that title to real estate
was in issue; Wisconsin Act. Lipsky v. Borgmann,
52 Wis. 256.

1570. Charges for stenographer, on hearing
before master, not taxable as costs without consent
of parties. Bridges v. Sheldon, 18 Blatch. 507.

1571. Discretion of court where nominal damages
are given. Pierce v. Spafford, 53 Vt. 394

1572. In special proceedings discretionary on
appeal. N. Y. Prot. Ep. School, re (N. Y.), 25 Alb.
L. J. 34.

1573. Amendment; discretion of court as to
terms. Clune v. Sullivan, 56 Cal. 249.

1574. Costs taxed against each party where action
is sustained only as to one part. Hudson v. Gutten-
burg, 9 Abb. N. C. 415.

On Appeal, see that title; Attorney's Lien for,
1434; Execution for, 1709; in Garnishment, see
that title; Correcting Judgment as to, 1938; in
Probate practice, 1746; and see, 2154.
Counter-claim; by Broker, 1506; against State,
2593.

County.

1575. Claim of purchaser, at judicial sale, to set
off judgment against decedent obtained in another
county; statutory question of jurisdiction. Gordon's
Appeal, 93 Pa. St. 361.

1576. The County Government Act of 1880 un-
constitutional. Leonard v. January, 56 Cal. 1.

1577. Duty of county treasurer under Act to pay
over fines to State treasury; but money received on
forfeited recognizances belongs to county. State
v. Guenther, 52 Wis. 488.

1578. Contract by county board involving in-
debtedness above legal limit; the existing grand
list is the test of taxable value; issue of county
orders is incurring "pecuniary liability." Johnston
v. Becker County, 27 Minn. 64.

1579. Power of supervisors to contract for
printing, etc. Maxwell v. Supervisors, 56 Cal. 114.

1580. Action maintainable by borough against
county, to recover money applied by the latter on
contract made for its benefit by county commis-
sioners, in excess of their power. Henderson v.
County Comm'rs, 11 North W. Rep. 91.

1581. Survey of county boundary by surveyor-
general valid; no judicial functions conferred.
People v. Boggs, 56 Cal. 648.

1582. Computation of salary of county auditor
under Act. Mower County v. Williams, 27 Minn. 25.
Privilege of County Attorney, 1438; Certiorari
to county officers, see that title; mode of Election,
see that title; powers as to Highways, 1837, 1840;
Reward offered by supervisors, 2547; embezzle-
ment by Treasurer, 2287; and see 2306, 2619.
Coupons.

1583. Cut from town bonds; holder not an
"assignee of cause of action." Pettit v. Hope, 18
Blatch. 180.

1584. Unsealed coupons detached from sealed
bonds and sold, held subject to limitation as sealed
instruments. Kershaw v. Hancock, 18 Blatch. 383.
Courts; see JUDGES AND COURTS.
Covenant.

1585. Stipulation by owner to insure and by
mechanic not to file lien; owner's default does not
release mechanic, covenants being independent.
Long v. Caffrey, 93 Pa. St. 526.

1586. Implied covenants; when arising in bill of
sale. Hale v. Finch, 3 Morr. Transc. 214.

In Deed, 1638; between Landlord and Tenant,
see that title; in Mortgage, 2081; and see 1567,
2100, 2574, 2662, 2665, 2707, 2730.
Creditor's Bill.

1587. Levy as a pre-requisite. Fairbairn v. Mid-
dlemiss (Mich.), 11 North. W. Rep. 203.

1588. Creditor's bill in aid of attachment and to

remove fraudulent conveyance. Smith v. Muirhead,
34 N. J. Eq. 4.

1589. Stay of judgment-creditor's bill on petition
of assignee in bankruptcy, dissolved for laches on
part of the assignee. Pitts, re, 9 Fed. Rep. 543.
Criminal Law.

See for some of the matter of this title, the specific
titles, MURDER; LARCENY, etc. As to Arrest; Bail;
Accomplices; Insanity; Venue, see the titles indi-
cated.

Indictment; Proceedings Prior to Trial.

1590. Prosecution by information instead of in-
dictment under California Penal Code, held con-
stitutional; proceedings; waiver of examination;
second information for same offense. Kallock v.
Super. Court, 56 Cal. 229; see 282.

1591. Information bad for charging larceny and
fraud together. People v. Quvise, 56 Cal. 396.

1592. Name of witness wrongly indorsed on in-
dictment; refusal to quash it. People v. Crowey, 56
Cal. 36.

Former Trial; Jeopardy.

1593. Flight of prisoner and discharge of jury;
People v. Higgins (Cal.), 13 Rep. 105.
held not jeopardy, and he is liable to second trial.

The Trial; Jury; Evidence and Witnesses.
1594. Mode of selecting trial jurors under Cali-
fornia Code. People v. Crowey, 56 Cal. 36.

1595. Disqualification by opinion formed. Abbot
v. People (N. Y.), 13 Rep. 89.

1596. Proof of testimony of foreign witness;
shorthand reporter's notes. People v. Ah Yute, 56
Cal. 119.

1597. Impeaching credit of witness by showing
conviction of crime. Driscoll v. People (Mich.), 11
North W. Rep. 221.

1598. Confession under influence of liquor fur-
nished with officer's consent. People v. Ramirer, 56
Cal. 533.

See also, DECLARATIONS, and 1400, 2232, 2235.

1599. Jointly indicted defendant not a party to
trial sworn as witness; even if incompetent, ob-
jection is essential to exclude his testimony. United
States v. Schindler, 18 Blatch. 227.

1600. Testimony of the prisoner in his own be-
Moett
half; the maxim falsus in uno, etc., defined.
v. People, 85 N. Y. 373.

1601. Discrediting prisoner's testimony by evi-
dence of his general reputation; what degree of
particularity allowed in questions to rebutting wit
nesses called in his behalf.
Stape v. People, 85
N. Y. 390.

As to Accomplice's testimony, see that title.
The Trial; Duties of Judge.
1602. Error in refusing to charge cured by sub-
Greenfield v. People, 85 N. Y.
sequent instructions.

75.

1603. Recharging jury in prisoner's absence is
error though counsel is present. Bonner v. People
(Ga.), 25 Alb. L. J. 59.

1604. "Quorum" of court; "legal disqualifica-
tion"; authority of presiding county judge to charge
jury and take verdict in absence of assistants. State
v. Blair, 53 Vt. 24.

Verdict; Sentence.

1605. Power of presiding judge to amend verdict.
People v. Jenkins, 56 Cal. 4.

1606. Act authorizing city recorder to sentence
to imprisonment for a year at hard labor, for a first
offense of petit larceny, not void as inflicting "a
cruel and unusual punishment," though greater than
that lawful elsewhere in the State. Bayard, re, 13
N. Y. Week. Dig. 368.

1607. Time passed in jail between conviction and
new trial granted, not to be credited against sentence
on second trial. People v. Warden (note), 25 Alb.
L. J. 63.

1608. If prisoner is detained in the county jail
after sentence to penitentiary, the time should be
credited against his sentence. People v. Lincoln, 13
N. Y. Week. Dig. 302.

1609. Recaptured convict not to have credit for
time he was at large. Edwards, ex. p. (N. J.), 25
Alb. L. J. 68.

New Trial; Appeal; Error.

1610. Order overruling demurrer not reviewable
on motion to arrest judgment. State v. Loomis, 27
Minn. 521.

1611. A writ of error will not lie till after final
judgment. People v. Tabor, 13 N. Y. Week. Dig. 300.

1612. Conviction on one count and acquittal on
similar count; review refused after final judgment.
United States v. Malone, 13 Rep. 66.

1613. Proof of service of notice of appeal. People
v. Ah Yute, 56 Cal. 119.

1614. Motion for new trial; bill of exceptions or
statement not essential. People v. Hewill, 56 Cal. 117.
Crops.

1615. Growing crops planted by tenant held not
to pass to vendee. Hecht v. Dettman, 13 Rep. 73.

1616. Parol reservation of growing crops; pro-
ceedings by vendee at law on covenants enjoined.
Thompson v. Tilton (notes), 34 N. J. Eq. 306.

1617. Levy may be made on growing grain before
it reaches surface of soil. Gillitt v. Truax, 27 Minn.
528.

1618. Notes given for sowing-seed; pre-requisites
to statutory lien on crop. Kelly v. Seely, 27 Minn.

385.

Curtesy;

See also, 1776, 2129, 2708.

no cases.

Car-

1627. Dedication for public purposes good with-
out a donee; dedication for school purposes.
penteria Sch. Dist. v. Heath, 56 Cal. 478.

1628. Of park, by platting and selling lots.
Bayonne v. Ford (14 Vroom), 13 Rep. 84.

1629. Selling building lots with reference to
plan, on which park was marked out. Mayor v.
Ford (43 N. J. Law), 25 Alb. L. J. 17.

Of Burying-ground, 1515; of Highway, 1843.
Deed; including Covenants of Title, Conditions,
etc.

1630. Date reckoned as of date of delivery. Mc-
Michael v. Carlyle (Wis.), 13 Rep. 128.

1631. Vendee under quit-claim deed not a bona
fide purchaser without notice. Derrick v. Brown, 13
Rep. 68.

1632. Contingent remainder in fee held to pass
by deed of bargain and sale, in view of intention

Dams; see WATER.

Damages; see chiefly specific titles.

1619. Proximate damages for unlawful detainer;
averment of injury to credit and mental anguish.
Anderson v. Taylor, 56 Cal. 131.

1620. Exemplary damages recoverable for acts
which are crimes. Boetcher v. Staples, 27 Minn. 308.

1621. Evidence of value of goods sold and not
delivered; value at former time. Bennett v. Kniss,
27 Minn. 49.

Whether Actual or Exemplary, see 2479, 2614;

Costs where nominal, 1571; see also, 2614.
Days of Grace; 2003, 2250.

De Facto officer; Corporate, 1551; Public, see
OFFICE.

Death.

By Negligence or Wrongful Act.

1622. Recovery by party injured by wrongful act
is not a bar to action by administrator for benefit of
relatives; it is not material that death occurred more

far estoppel can be set up where truth appears on
face of deed. Hannon v. Christopher, 34 N. J. Eq.

459.

1633. Latent ambiguity shown by evidence on
second trial, in deed construed on its face by judg-
ment in former trial; parol evidence excluded of
contents of recorded mortgage. Johnson v. Ashland
Co., 52 Wis. 458.

1634. Presumption as to execution and delivery
of lost deed. Morton v. Leland, 27 Minn. 35.
1635. Waiver by parol of lien on timber reserved
by deed. Stone v. Fairbanks, 53 Vt. 145.

As to Reformation of deed, see that title.

Acknowledgment.

1636. Clerical omission of important words not
fatal. Bassher v. Stewart (54 Md.), 25 Alb. L. J. 16.

1637. Impeaching the certificate of acknowledg-
ment; burden of proof. Fitzgerald v. Fitzgerald
(100 Ill.), 25 Alb. L. J. 37.

Covenants; Conditions, etc.

1638. Covenant of seizin broken by; prior deed

of the land for railroad purposes; measure of dam-
ages where title fails to part of land. Messer v.
Oestrich, 52 Wis. 684.

1639. Exception of burying-ground "for the pur-
pose only of burying the dead." Salsburgh v. Hynds,
13 N. Y. Week. Dig. 359.

1640. Reservation construed as exception; mis-
description disregarded. Roberts v. Robertson, 53
Vt. 690.

1641. Deed of grant, bargain and sale; what
covenants are implied. Bryan v. Swain, 56 Cal.

Demand and notice; on Negotiable Instruments;
by Notary; or as affecting time of Limitations,
see those titles; on Guaranty, see that title.
Demurrer.

1643. To one of several counts, on ground that a
single cause of action is stated in all together. Bird-
sall v. Birdsall, 52 Wis. 208.

1644. Power of Supreme Court in Minnesota on
appeal involving demurrer, to grant leave to answer
over or amend. Farley v. Kittson, 27 Minn. 102.
See also, 2777.

Deposition of Witness, 2760.

Descent; connected topics, DEVISE; ADOPTION;
ILLEGITIMACY, etc.

Desertion; as cause for Divorce, see that title.
Devise and Legacy.

1645. Extrinsic evidence that devise applying to
legitimate relative meant an illegitimate, ruled out.
Appel v. Byers (Pa.), 13 Rep. 60.

1646. Latent ambiguity; parol evidence to cor-
rect mistake of testator as to name of intended
legatee. Baxter v. Morgan, 7 L. R. Ir. 501.

1647. Rejecting erroneous description of lots de-
vised. Butler v. First Presbyterian Church, 27 Minn.
355.

1648. Election by legatee who is also creditor;
claim satisfied by electing to take legacy. Caulfield
v. Sullivan, 85 N. Y. 153.

1649. Legacy tax; the deceased owner must have
"died possessed." United States v. Leverich, 9 Fed.
Rep. 586.

1650. Effect of "request" of testator to legatee
to leave sum given to specified persons; lapse.
Eddy v. Hartshorne (notes), 34 N. J. Eq. 419.

1651. Estate given subject to life-interest held to
vest at once notwithstanding limitation over in case
of death before life-interest expired. Joseph v. Utilz,
34 N. J. Eq. 1.

1652. Vested and contingent remainders; estates
in expectancy; perpetuity; clauses of will con-
strued. Kelso v. Lorillard, 85 N. Y. 177.

1653. Vested right in contingent remainder pass-
ing to heirs on death of devisee; rules of common
law compared with the New York Revised Statutes.
Hennessy v. Patterson, 85 N. Y. 91.

when not equivalent to "other." Dunlevy's Trusts,
7 L. R. Ir. 525.

1656. Next of kin ascertainable during life of
first taker. Phillips' Appeal, 93 Pa. St. 45.
1657. Limitation alleged to be void as a perpetu-
ity, construed. Phillips' Appeal, 93 Pa. St. 45.

1658. Bequest of residue to wife for life, with
power to appropriate to her own use such personalty
as she chose; held to give wife no right to dispose
by will of proceeds of husband's life insurance.
McCauley's Appeal, 93 Pa. St. 102.

1659. Questions whether annuity had priority in
settlement of estate. Smith v. Fellows (Mass.), 25
Alb. L. J. 75.

Connected topics, CHARITY; DESCENT; EXECU-
TOR; TRUST; WILL.
Discovery.

1660. Practice in Federal courts; use of affi-
davits. Coit v. Nor. Carol. Gold Co., 9 Fed. Rep.
577.
See also, BOOKS.

Disseizin; see ADVERSE POSSESSION.
Divorce.

1661. Decree in another State; inquiry into juris-
diction; service by publication. Morey v. Morey,
27 Minn. 265.

1662. Decree of divorce by Colorado court be-
tween parties domiciled in Ohio, held void in Ohio.
Van Fossen v. State, 37 Ohio St. 317.

1663. Jurisdiction dependent on residence "at
time of injury;" impotence a continuing injury.
A. B. v. C. B., 34 N. J. Eq. 43.

1664. A decree of divorce vacated on application
of wife after husband's death, and twelve years af-
ter it was made; she cannot testify, however, in
such a proceeding. Fidelity Co.'s Appeal, 93 Pa.

St. 242.

1665. Separation distinguished from desertion.
Reece v. Reece, 34 N. J. Eq. 32.

1666. Refusal of wife to return to husband may
constitute desertion, though her leaving was occa-
sioned by his ill-treatment. Hooper v. Hooper, 34
N. J. Eq. 93.

alleging desertion. Ralston's Appeal, 93 Pa. St. 133.
1667. Remitting funds to wife bars husband from

1668. Voluntary deed of separation held a bar to
libel on particular facts; parties held to their own
agreement. Squires v. Squires, 53 Vt. 208.

disease. Holthoeffer v. Holthoeffer (Mich.), 11 North
1669. For cruelty; communication of venereal
W. Rep. 150.

1670. Allowance to wife for expenses of defend-
ing against counter-claim by husband. Varney v.
Varney, 52 Wis. 120.

1671. Husband required to give security for sup-
port. Maas v. Maas, 34 N. J. Eq. 113.

Connected topics, ADULTERY; MARRIAGE; as to
Custody of Children, 1833; Separation as barring
Dower, 1675; Void Marriage, 2028.

Dogs; see ANIMAL.

Domicile; see HOMESTEAD; POOR.
Dower.

1672. In lands subject to purchase-money; mort-
gage. De Lisle v. Herbs, 13 N. Y. Week. Dig. 383.
1673. A release of dower to the mortgagee is only,
for his security and the right again arises on pay-