The Albany Law Journal: A Monthly Record of the Law and the Lawyers

Farmers' Loan and T. Co. v. Erie R. Co., 9 Abb.
N. C. 264.

1831. Suit by guardian ad litem; his appoint-
ment must be alleged. Crawford v. Neal, 56 Cal.

321.

Habeas Corpus.

1832. Not available where the arrest is under
merely voidable proceedings. Boland, ex p. (Tex.),
13 Rep. 93.

1833. Question of custody between father and
mother; the former not excused from producing
the children by sending them out of the State.
Rivers v. Mitchell (Iowa), 13 Rep. 107.
Hacks; regulation of, 2157.

Handwriting; evidence of, 1786.

Health; including Boards of Health; see POLICE
POWER.

Heir; see DESCENT; ADOPTION, etc.
Highway; occupation of, by railroad, 2450.

1834. Act establishing a road as a highway; held
a public act of which owners must take notice;
question whether just compensation was provided
for by the terms of the act. State v. Messenger, 27
Minn. 119.

1835. Appeal from order of town supervisors
laying out road; who is an "aggrieved person."
Schuster v. Leonard, 27 Minn. 253.

1836. Acts of commissioners to lay out State road
void for want of proper oath taken. State v. Com-
missioners, 27 Minn. 90.

1837. Liability of county authorities for repairs;
English Acts. Corporation of Rochdale v. Justices, 8
Q. B. D. 12.

1838. Proceedings under English Act to compel
respondent to refund expenses incurred in repairing
highway, by reason of extraordinary traffic by his
teams. Pick. Highway Board v. Barry, 8 Q. B. D.

59.

1839. Record of plat admitted in evidence,
though owner's certificate was on separate paper.
Davis v. Fulton, 52 Wis. 657.

Connected topic, NEGLIGENCE; as to town and
city streets, see also, MUNICIPAL CORPORATIONS.

Obstructing Highway.

1840. Action of debt for statutory penalty for re-
moving gates on peat roads; non-record of laying
out immaterial; effect of non-user; power of county
court to establish peat roads. French v. Holt, 53
Vt. 364.

1841. Complaint for obstructing may be made by
private person as well as supervisors. State v. Gal-
vin, 27 Minn. 16.

1842. Action for penalty for wilfully obstruct-
ing highway; held a civil action; the State may
appeal and is liable to costs; filling up a mud-hole
by land owner, not an obstruction. State v. Smith,
52 Wis. 134.

Dedication.

1850. Debtor's transfer of exempt land valid
against creditors. Baldwin v. O'Laughlin (Minn.),
11 North West. Rep. 77.

1851. Occupying in excess of statutory limits
does not impair right of exemption; nor (under
Act of 1878) a fraudulent sale. Ferguson v. Kumler,
27 Minn. 156.

1852. Owner of undivided interest entitled to

exemption; the outstanding interest if conveyed to
him is not subject to prior judgment against him.
Kaser v. Haas, 27 Minn. 406.

1853. Widower and minor children; extinction
of homestead on their majority. Santa Cruz Bank
v. Cooper, 56 Cal. 339.

1854. Minnesota laws permit conveyance of home-
stead through third person to wife, without valuable
consideration. Morrison v. Abbott, 27 Minn. 116.

1855. Wife joining in husband's mortgage of
homstead, not estopped to enforce after-acquired
title. Goodenough v. Fellows, 53 Vt. 102.

1856. Loss of homestead right by wife joining in
mortgage of husband's land, and, on its being fore-
closed, taking assignment from purchaser. Marten
v. Sprague (Minn.), 11 North West. Rep. 143.

1857. Wife not estopped to claim ante-nuptial
contract; equity powers of probate court.
Mann's Estate, 53 Vt. 48.

Mann v.

1843. By plat. Buskirk v. Strickland (Mich.), 11 Ignorance; see MISTAKE.
North West. Rep. 210.

1844. Right of turnpike company to use dedicated
land not lost by irregular organization, etc. Shipper
v. Paul, 34 N. J. Eq. 314.

1845. Question of acceptance; evidence; payment
of taxes on the land. Trerice v. Barteau (Wis.),
11 North West. Rep. 244..

Illegal Contracts; and questions of Public Policy.

1860. Plaintiff not permitted to recover for ser-
vices in preventing indictment of defendant bound
on complaint for crime. Barron v. Tucker, 53 Vt.
338.

1861. Plaintiff permitted to recover property
placed by his intestate in another's keeping in order

that he might swear that he had no property. Insolvency; see BANKRUPTCY.
Mallett v. Swain, 56 Cal. 171.
Insurance (Fire).

1862. Settlement under belief that note was a
valid claim; proof in subsequent action that con-
sideration was illegal. Farrar v. Davis, 53 Vt. 597.

With Broker, 1505; of Insurance, 1885; for
Railroad transportation, 2481; see also, 2605,
2647; as to Compounding Felony, Gaming, and
Sunday, see those titles.
Illegitimacy; 1645, 1737.

Imprisonment; see ARREST; FALSE IMPRISON-
MENT; also 1606.

Improvements; right of occupant to compensation
for, 2631, 2638; under Acts relating to Public
Lands, see that title; see also EJECTMENT.
Incumbrances; see DEED, MORTGAGE.
Indemnity; Bond of, 1727.

Indictment; see CRIMINAL LAW.

Indorsement; see NEGOTIABLE INSTRUMENTS.
Infancy.

The Application; Warranty, etc.
1874. Policy avoided by false answer, though not
material, if expressly so provided. Graham v. Fire-
man's Ins. Co., 13 N. Y. Week. Dig. 338.

1875. Question as to amount of incumbrance left
unanswered in application; waiver by issue of policy;
questions as to state of title; existing mortgage not
a breach; question of authority of agent to receive
premium; clause as to waiver of conditions; what
amounts to fraud by insured. Carson v. Jersey City
Ins. Co. (14 Vroom), 25 Alb. L. J. 77.

Car-

1876. Statement of ownership; lien or conditional
sale not inconsistent with entire ownership.
rigan v. Lycoming Ins. Co., 53 Vt. 418.

Breach of Condition; Forfeiture.

1877. Summer residence left in charge of farmer,
who however did not occupy it; it was visited and
aired from time to time; insurance held forfeited
under the occupancy clause. Herrman v. Adriatic

1878. Condition as to subsequent insurance;
waiver by calling for proofs of loss. Cannon v.
Home Ins. Co. (Wis.), 11 North W. Rep. 11.

1863. Infant may rescind s agreement of part-Ins. Co., 85 N. Y. 162.
nership and recover back cap al paid to co-partner.
Sparmann v. Keim, 9 Abb. N. C. 1.
1864. Infant qualified at common law to be
notary. United States v. Bixby (Ind.), 25 Alb. L. J. 12.
Custody of Children, 1833; Injuries to Children
on Railroad, 2505; Service of Writ by Infant, 2775;
related topic, GUARDIAN.

Information; see CRIMINAL LAW.
Injunction.

1865. Refusal of injunction against trade-union
enticing away workmen from employer. Johnston
Harvester Co. v. Meinhardt, 9 Abb. N. C. 393.

1866. Granted against city interfering with
building of railroad bridge; counter-injunction
obtained by city; question of conflict, and whether
city attorney was guilty of contempt. Wisc.
Central R. R. v. Smith, 52 Wis. 140.

1867. Appeal from injunction dismissed where
record did not show bond filed by plaintiff.
Menasha v. Milwaukee R. R., 52 Wis. 138.

1868. Amendments not allowed where repugnant
to original bill. Hill v. Hill, 53 Vt. 578.

See also, 1722, 2022, 2153, 2515; as to Patent,
see that title.

Innkeeper; Burglary in Hotel, 1513.

Insane Person, and Insanity.

1869. Share of monomaniac in proceeds of parti-
tion, held personalty, and payable to administrator.
Smith v. Bayright, 34 N. J. Eq. (notes), 424.

1870. Inquisition only makes a prima facie case
in other controversies; question on the facts as to
validity of assignment of mortgage by one after-
ward found insane; the rule as to insanity of
principal revoking agent's authority. Hill v. Day,
34 N. J. Eq. 150.

1871. Commission of lunacy; notice to heirs;
proceedings under New York Code. Rogers, Matter
of, 9 Abb. N. C. 141.

1872. The tests of responsibility in criminal cases,
examined; burden of proof. People v. Coleman
(N. Y.), 13 Rep. 117.

1873. Test of responsibility for murder. Moett v.
People, 85 N. Y. 373.

1879. Second policy void at election of company
is a breach of the condition. Landers v. Watertown
Ins. Co. (note), 25 Alb. L. J. 3.

1880. Other insurance; estoppel of company by
declarations of agent; effect of transfer of interest
by retiring partner to copartner. Combs v. Shrews
bury Ins. Co. (notes), 34 N. J. Eq. 403.

1881. Loss payable to mortgagee; other insur-
ance procured by mortgagee; apportioning loss.
Doran v. Franklin Ins. Co. (N. Y.), 13 Rep. 119.

1882. Existence of other insurance contrary to
policy; waiver by knowledge of company's agent;
conditions as to use of naphtha or kerosene; policy
revived after forbidden use discontinued. Putnam
V. Comm. Ins. Co., 18 Blatch. 368.

1883. Keeping benzine; question whether in-
cluded under " drugs" or merchandise "usually
kept in a country store; " estoppel of company by
statements of agent. Carrigan v. Lycoming Ins. Co.,
53 Vt. 418.

1884. Policy not avoided by honest mistake in
proofs of loss. Waldeck v. Springfield Ins. Co. (Wis.),
25 Alb. L. J. 77.

1885. Insurance of liquors involved if intended
for illegal sale; proof of illegal notice, and when it
is only collateral. Carrigan v. Lycoming Ins. Co.

53 Vt. 418.

Policy to Wife.

1886. Policy on wife's property in name of her-
self and husband; she must make the sworn state-

ment of loss. Spooner v. Vt. Ins. Co., 53 Vt. 156.

1887. Policy in wife's name; bill to reform by
substituting husband's refusal after loss. Doniol v.
Comm. Ins. Co., 34 N. J. Eq. 30.

Miscellaneous.

1888. Question whether agent agreeing to keep
plaintiff's property insured, was his agent, or the
company's in which he obtained policy. Sargent v.
Nat. F. I. Co. (N. Y.), 13 Rep. 90.

1889. Action by insured for negligent burning of
See also, 2639, 2757; as to Incapacity of Testator, his mill; insurance companies must be joined as

see WILL.

parties. Pratt v. Radford, 52 Wis. 114.

1890. Dissolution of insolvent company; time of
fixing claim of policy-holder; destruction of insured
premises before distribution. Dean's Appeal (Pa.),
13 Rep. 125.

Interpleader by company, 1912.
Insurance (Life and Accident).

Interest of Wife or Child in Policy.

1891. Interest of wife in policy taken by hus-
band on his own life for her benefit; on her death it
passes to him as one of her choses in action, and he
may assign it to his second wife; New York Acts
considered. Olmstead v. Keyes, 85 N. Y. 593.

1892. Interest of wife in husband's membership

of mutual benefit association. Richmond v. Johnson,
(Minn.) 13 Rep. 111.

1893. Surrender by father of paid-up policy pay-
able on his death to his children, taking in exchange
policy to his second wife; held void. Ricker v.
Charter Oak Ins. Co., 27 Minn. 193.

Representations; Conditions; Forfeiture.

1894. Answers in application; imperfect knowl-
edge of English by insured, a matter for considera-
tion; meaning of sunstroke." Knickerbocker Ins.
Co. v. Trefz, 3 Morr. Transc. 185; 25 Alb. L. J. 14.
1895. Dying of insured "by his own hand or
act, voluntary or otherwise;" this clause does not
apply to the case of accidental overdose of medi-
cine. Penfold v. Univ. L. Ins. Co., 85 N. Y. 317.

1896. Forfeiture by non-payment of premium;
waiver by taking note; usage. Thompson v. Knicker-
bocker Ins. Co., 3 Morr. Transc. 332.

1897. Power of general agent to waive forfeiture
for non-payment of premiums; plaintiff non-suited
on the facts. Marvin v. Univ. L. Ins. Co., 85 N. Y.

278.

1898. By-law as to proofs of death on particular
blanks. Gellatly v. Minnesota Benefit Society, 27
Minn. 215.

Pleading in Actions on Policies.

1899. Allegations by complaint that death was
not caused by breach of any condition; pleading;
burden of proof; plaintiff's right of affirmation.
Murray v. New York L. Ins. Co., 85 N. Y. 236; 9
Abb. Ñ. C. 309.

1900. Question whether clause in policy was au-
thorized by company; estoppel on the pleading;
plaintiff not permitted to claim estoppel, after dis-
puting truth of the assertions constituting it. An-
drews v. Etna L. Ins. Co., 85 N. Y. 334.

Miscellaneous; Company Affairs Generally.
1901. Distribution on insolvency of company, of
fund deposited with State superintendent for bene-
fit of registered policy-holders. Attorney-General v.
Nat. Am. L. Ins. Co., 85 N. Y. 485.

1902. Winding up assurance society under En-
glish Acts; rights of respective classes of policy-
holders. Great Britain L. Ass. Soc., in re., 19 Ch.
D. 9.

Insurance (Marine).

1903. Inconsistent clauses in policy; one allow-
ing boats to load as customary; the other forbid-
ding carrying goods on deck; the company held
liable on the facts, especially as it appeared that they
knew through their agent of the carrying on deck.
Allen v. St. Louis Ins. Co., 85 N. Y. 473.

1904. Insurance effected on cargo in ignorance of
its safe arrival, is good. Bradford v. Symondson, 45
L. T. Rep. 364; 25 Alb. L. J. 39.

Intoxicating Liquor; see LIQUORS.
Issue; see DEVISE, ETC.

Jeopardy; in Criminal Law, 1593.

Joinder, and Joint rights and liabilities, in Civil
proceedings, generally; as to Criminal, see CRIMI-
NAL LAW, 1591, 1599, 1809.

1914. Consolidation of actions, in one of which
plaintiff sued as surviving partner, and in the other
individually. McCartney v. Hubbell, 52 Wis. 360.

1915. Sales at different times; when right of ac-
tion single. Am. Button-Hole Co. v. Thornton
(Minn.), 13 Rep. 112.

Joint obligors on Bond, 2770; Payment by one
joint debtor as affecting Limitation, 2010; joint
Covenants, 1567; rights of co-Executor, 1742,
1747, 2691; see also, 2539, 2669; joint and several
Notes, 2262; joinder of owners affected by Nui-
sance, 2281; joint owners of Patent, 2331; joint
action against Partnership, 2321; joinder of de-
fendants in Tort, 1484, 1533.

Joint Tenant; 2654; related topics, JOINDER;
PARTNERSHIP.

Judges and Courts; including matters special to
particular courts and their officers, and the rela-
tions of State and Federal courts; as to Justice
of the Peace, see that title; as to Probate prac-
tice, see PROBATE.

Generally; Duties, etc., of Judges.
1916. Order of judge to adjourn court, sent by
telegraph, held a sufficient written order." State
v. Holmes (Iowa), 25 Alb. L. J. 59.

Duties of Judge on Trial, 1704; in Criminal
cases, 1602; power of court Commisssioners, 1718;
see also, 1398; other related topics, APPEAL; Ex-
CEPTIONS; CERTIORARI; MANDAMUS, etc.

The United States Supreme Court.

1917. Appeal dismissed for not showing affirma-
tively that federal question was involved.
ton v. Am. Ex. Bank, 25 Alb. L. J. 35.

court.

Bough-

Former Judgment; Res Adjudicata.

1934. Estoppel by former judgment. McClung
v. Condit, 27 Minn. 45.

1935. Plaintiff estopped by former judgment
when he pleaded same facts in defense. Geiser Co.
v. Farmer, 27 Minn. 428.

See also, 1518, 1633, 1737, 1766, 1934, 1978,

1918. Writ of error directed to wrong State | 2206, 2381, 2543, 2783; also, EQUITY.
Lane v. Wallace, 3 Morr. Transc. 203.
Practice in Federal Courts Generally.

1919. Power of Federal court to try questions on
report of referee. Heath v. Griswold, 18 Blatch.

Win-

1924. Federal court commission not authorized
to admininister oath to claim against estate.
der v. Hendricks, 56 Cal. 464.

Relations of State and Federal Courts.

1925. Collusive transfer of securities to non-resi-

dent to enable him to sue in Federal court; the
suit should be dismissed by the court of its own
motion. Williams v. Nottawa, 3 Morr. Transc. 256.

1926. Refusal of Federal Circuit Court to disturb

decree of State probate court. M'Dermott v. Cope-
land, 9 Fed. Rep. 536.

1927. Federal system of review on writ of error
not governed by State acts. Whalen v. Sheridan, 18
Blatch. 324.

1928. Motion in Federal court to open judgment
by default; the State practice held controlling.
Brown v. Phil., W. & B. R. R. (Del.), 13 Rep. 4.

1929. Judgment founded on a contract, held a
contract within Act of 1875 as to suits by assignees.
Walker v. Powers, 3 Morr. Transc. 260.

See also, as to Ejectment, 1680; as to Maritime
contracts, 2579; Mining Lands, 2069; other cases
involving questions of jurisdiction, 1497, 2207,
2338, 2724, 2787; also, ELECTIONS; PUBLIC LAND;
REMOVAL OF CAUSES.
Judgment.

1930. Pleading foreign judgment; alleging juris-
diction; parol evidence as to matters in issue in
former suit; question whether set-off pleaded by
defendant, should be presumed a matter in issue in
former suit in Maryland, under plea of non-assump-
sit. Meredith v. S. Clara Association, 56 Cal. 178.
1931. Unsatisfied foreign judgment not a bar to
suit on original cause of action. Eastern Bank v.
Beebe, 53 Vt. 177.

1932. Order of foreign court under judgment
gives no lien on funds in court here. Elizabethtown
Inst. v. Gerber, 34 N. J. Eq. 130.

Vacating or Reviving Judgment.

1936. Relief against mistake of court-clerk,
causing lien to appear subject instead of prior to
mortgage. Kline v. Cutter, 34 N. J. Eq. 329.

1939. Fraudulently obtained; not strengthened
by agreements for renewal heedlessly signed. Mon-
roe v. Monroe, 93 Pa. St. 520.

1940. Scire facias to revive lien of judgment;
computation of statutory time. Kirby v. Cash, 93
Pa. St. 505.

1941. Restoration of lien of judgment, after sus-
pension by order of court; effect on second lien
obtained meanwhile. Harman v. Hope (N. Y.), 13
Rep. 119; 13 N. Y. Week. Dig. 294.

1942. Motion by defendant in default to vacate
judgment, on ground that affidavit of default had
not been filed, nor notice of lis pendens given;
denied, and recitals of judgment held conclusive.
Mitchell v. Rolison, 52 Wis. 155.

Setting aside in Bankruptcy, see that title; Arrest
of, in Criminal Law, 1610; relief in Equity against,
2544; see also, USURY; also, 1699; as to United
States practice, see JUDGES ANd Courts.

Practice; Miscellaneous.

1943. By confession; mode of docketing what
must be contained in the statement. Wells v. Gieseke,
27 Minn. 478.

1944. By confession; sufficiency of statement.
Cleveland Stove Co. v. Douglas, 27 Minn. 177.

1945. Suit withdrawn in term time, and costs
taxed and judgment entered afterward; the judg-
ment to be considered of the first date. Main v.
Main (48 Conn. ), 13 Rep. 106.

1946. Entry on special findings without general
verdict. Bixby v. Wilkinson, 27 Minn. 262.

1947. Sale of judgment; purchaser not bound by
secret equity in favor of third person. Mifflin C.
Bank, Appeal of, 25 Alb. L. J. 38.

1948. Presumption of payment; may arise in
less than twenty years. Brigg's Appeal, 93 Pa. St.
485.

As to Debt on judgment, see that title; judg
ments of Justices, etc., see JUSTICE; judgment lien
as against Mortgage, 2136, 2144; see also SUR-
VIVAL of Actions.

sion; sufficiency of evidence.
Vt. 57.

Weeks v. Prescott, 53
See also, 1575, 2605; as to sales by Executor,
or Guardian, or for Taxes, see the titles in question.
Jurisdiction; see CONFLICT OF LAWS; JUDGES AND
COURTS; JUSTICE.

Jury; see TRIAL; TRIAL BY JURY; as to Criminal
practice, see 1594.

Labor and Services.

1968. Measure of damages for refusing to allow
agreed work to be done; parol evidence of situation
of parties. Nilson v. Morse, 52 Wis. 240.

1969. Agreed price in oral contract of hiring;
evidence. Roles v. Mintzer, 27 Minn. 31.
1970. Action for work and materials; evidence
as to usual rate of profits. Baumgardner v. Burn-

Justice of the Peace; including practice in Police ham, 93 Pa. St. 88.
or other local courts.

[merged small][ocr errors][merged small]

115; 25 Alb. L. J. 49.

1953. Authority to adjourn
Gillitt v. Truax, 27 Minn. 528.

on return-day.

1971. Question of evidence as to modification of
written contract. Lassing v. Paige, 56 Cal. 139.

1972. Action against contractor by sub-contractor;
introducing pay-roll to show expenditures under
contract. Donahue v. Connor, 93 Pa. St. 356.

1973. Contract for marble headstone; question
of substantial compliance. Lynton Co. v. Farrar,
53 Vt. 585.

1974. Amendments to complaint; Wisconsin
practice. Kretser v. Cary, 52 Wis. 374.

Related topics, MASTER AND SERVANT: MECHAN-
IC'S LIEN.

Landlord and Tenant.

As to Fixtures, see that title, and 2063; as to

1954. Relative jurisdiction of California police Crops, see that title.
and justices' courts. Santa Cruz v. S. C. R. R., 56

Cal. 143.

1955. Practice in causes involving title to land
removed to Circuit Court. Kimball v. Adams, 52
Wis. 554.

1956. Action against justice for false return.
Brooks v. St. John, 13 N. Y. Week. Dig. 378.

1957. Recitals of judgment record in justice's
court, conclusive in collateral suit. Stratton v. Lyons,

53 Vt. 130.

1958. Granting leave to issue justice's judgment;
effect of filing transcript; operation of Act of lim-
itations. Kincaid v. Richardson, 9 Abb. N. C. 315.

As to Criminal jurisdiction, see 1519; justice sued
for False Imprisonment, 1774; jurisdiction in Forci-
ble Entry, etc., 1783; as to Liquor, see that title.

Practice on Appeal or Review.

1959. Reversal of justice's judgment on question
of law operates simply as a dismissal and is not a
bar to subsequent action. Terryll v. Bailey, 27
Minn. 304.

1960. Modifying judgment
correct mere errors in law.
Minn. 29.

on appeal so as to
Watson v. Ward, 27

1961. Necessary contents of notice of appeal.
Pettingill v. Donnelly, 27 Minn. 332.

1962. Notice of appeal properly signed by attor-
ney. (N. Y.), Bishop v. Van Vechten, 25 Alb. L. J. 4.
1963. Justice's judgment as evidence or estoppel
on appeal. Burns v. Howard, 9 Abb. N. C. 321.
1964. Change of venue on appeal; time for argu-
ment; pleading; waiver of defects. Chesterson v.
Manson, 27 Minn. 498.

1965. Stay of proceedings on appeal from justice's
court; undertaking for costs must be filed. Mc-
Conky v. Super. Court, 56 Cal. 83.

1966. Reviewing justice's judgment on certiorari;
the record imports verity, notwithstanding incon-
sistent statements in his return. Cassidy v. Millerick,
52 Wis. 379.

1967. What transcript of magistrate's record
must show on certiorari to judgment. Maxwell v.
Perkins, 93 Pa. St. 255.

Questions between Lessor and Lessee.

1975. Right of removal of trade fixtures by
tenant under proviso in lease; effect of disclaimer
of lease by trustee in bankruptcy of tenant.
Glegg, ex p., 19 Ch. D. 7.

1976. Payment of assessment by lessee, pending
proceedings by landlord to vacate assessment; on
setting aside the assessment, he may recover back
the payment. Purssell v. Mayor, etc., 85 N. Y.

330.

1977. Owners not liable for injury to tenant from
negligence of their contractor. Morton v. Thurber,

85 N. Y. 550.

1978. Action for rent; tenant, though a married
woman, concluded by judgment in previous action
to restrain plaintiff from summary proceedings.
Ackley v. Westervelt (N. Y.), 13 Rep. 119.

1979. Action of unlawful detainer against ten-
ant at will; notice requisite. Marston v. Splivalo,
56 Cal. 128.

1980. Tenant cannot hold over under agreement
made before lease was taken and merged in it.
McCreary v. Marston, 56 Cal. 403.

1981. The Irish Land-Law Act; character of
tenancy necessary for application to fix rent. Beamish
v. Crowley, 8 L. R. Ir. 383.

1982. Action for rent; application of Irish Land-
Law. Warburton v. Conroy, 8 L. R. Ir. 361.

Relations with Assignees or other Third Persons.
1983. Attornment; tenant's taking lease from
third person, who has evicted him by ejectment,
not a wrong to original landlord. Foss v. Van
Driele (Mich.), 13 Rep. 81.

1984. Owner not liable for injury to stranger
from unsafe condition of premises, if he has given
lessee full charge. Edwards v. N. Y. & H. R. R.,
13 N. Y. Week. Dig. 407.

1985. Action by lessor on covenant to pay taxes;
question whether defendant was sub-lessee or as-
signee. Dunlop v. Bullard (Mass.), 25 Alb. L. J. 75.

1986. Covenant with sub-lessee for renewal if
lessee renewed his own lease; second renewal not
implied. Banker v. Braker, 9 Abb. N. C. 411.

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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25