Tucker v. Duncan

2497. Injuries at crossing; duty of driver of
wagon to use eyes and ears.
(Miss.), 13 Rep. 100.

2498. Collision with team
boards; flagmen; use of bell.

of intestate; sign-
Haas v. Grand Rap.,
etc., R. R. (Mich.), 11 North W. Rep. 216.
2499. Rate of speed in city limits, as means of
raising presumption of negligence. Burlington &
M. R. R. v. Went (Neb.), 25 Alb. L. J. 76.

672.

Street Railways.

2515. Constructing horse railroads on highways
under New Jersey railroad laws; injunction im-
proper, even if proceedings unlawful. West J. R. R.
v. Cape May, etc., R. R., 34 N. J. Eq. 164.

2516. Duty of taking out license under city ordi-
nance; if not taken out, action for amount of license
is not maintainable, though penalty may be incurred.
Santa Cruz v. S. C. R. R., 56 Cal. 143.

395.

2501. Contributory negligence; not choosing the
best means of escape. Gunz v. Chicago & St. P. R.
Co. (52 Wis.), 25 Alb. L. J. 36.

2502. Intestate walking on track; facts proper
for jury.
Laverentz v. Chic., etc., R. Co. (Iowa), 13
Rep. 45.

2503. Death after lingering illness following ac-
cident; questions of proximate cause. Jucker v
Chicago, etc., R. Co., 52 Wis. 150.

2504. Wife injured by train starting as she was
getting off; husband's statement afterward not ad-
missible against her. Keller v. Sioux Ctty, etc., R.
R., 27 Minn. 178.

Continued; Injuries to Children.

2505. Child of six years becoming dizzy and fall-
ing on track, and there run over; verdict for plaint-
iff sustained on the facts. Weeks v. S. Pacific R. R.
56 Cal. 513.

2506. Action by father for injury to child on rail-
road; measure of damages under California Act.
Durkee v. C. Pacific R. R., 56 Cal. 388.

2507. Little girl run over while walking on switch-
path; Wisconsin Act making it unlawful to walk
on track. Townley v. Chicago, etc., R. Co., 11 North
W. Rep. 55.

2508. Child riding on horse at head of team
driven by father, and struck while crossing track.
Joining action for death of son with claim for horse
killed; effect of agreement that mother should be
bound by the verdict. Penn. R. R. v. Bock, 93 Pa.

St. 427.

Injuries to Employees.

2509. Foreman killed by collision caused by neg-
lect of conductor, and telegraph operator, to com-
municate special order to engineer from train-
dispatcher; receiver in charge of road held not lia-
ble. Slater v. Jewett, 85 N. Y. 61.

2510. Porter injured while moving mile-stone
without sufficient help. Walsh v. St. Paul, etc., R.
R., 27 Minn. 367.

2511. Detective in employ of company injured
while traveling on hand-car; sitting in careless po-
sition. Pool v. Chicago, etc., R. Co. (Wis.), 11 North
W. Rep. 15.

2512. Injury to workman by negligence of road-
master. Brown v. Winona, etc., R. R., 27 Minn. 162.

2513. Brakeman slipping on wet ashes, thrown
from fire-box of locomotive while coupling cars.
Hughes v. Winona, etc., R. R., 27 Minn. 137.

2514. Action by administrator for injury to com-
pany's employee; error of judgment by the latter
in taking wrong course to escape, not contributory

13 Rep. 120.

2518. Standing on front platform to smoke; in-
jury from sudden jolt; notice posted. Nolan v.
Brooklyn, etc., R. R. (N. Y.), 25 Alb. L. J. 72.
Receiver.

2519. Receiver's five per cent commissions limited
to money actually in his hands; not to be allowed
on assets left in charge of persons carrying on busi-
ness of insolvent company. Woven Skirt Co., Matt.
of, 85 N. Y. 506.

2520. Removal of receivers of insolvent companies
under N. Y. Act of 1880. Attrill v. Rockaway Imp.
Co., 13 N. Y. Week. Dig. 348.

2521. Court commissioner without authority to
appoint. Quiggle v. Trumbo, 56 Cal. 626.

Receiver of Bank, 1474; in Partition, 2292; of
Mortgaged premises, 2121; of Railroad, 2434,
2519.

Record and Registration.

2522. Recording mortgage in records of assign-
ment of mortgages, not constructive notice. Par-
sons v. Lent, 34 N. J. Eq. 67.

2523. Index kept by town clerk; question of
sufficiency; user responsible for understanding plan.
Smith v. Royalton, 53 Vt. 604.

2524. Mortgage by one partner, of equitable in-
terest in partnership property, not notice, though
recorded, to subsequent purchaser of legal title.
Tarbell v. West, 13 N. Y. Week. Dig. 314.

2525. Assignment of mortgage; Vermont record-
ing Act; notice to subsequent takers; discharge on
margin of record by equitable assignee. Torry v.
Deavitt, 53 Vt. 331.

2526. Notice by possession of occupant under un-
recorded deed. Atwood v. Bears (Mich.).

2527. Deposit of title-deeds; notice of sale of
estate; further advances afterward. London Bank-
ing Co. v. Ratcliffe, 41 L. T. Rep. 322; 25 Alb. L. J.

39.

2528. Recitals of condition in prior mortgage;
Passumpsic
the rule as to "reasonable inquiry."
Bank v. St. Johnsbury Bank, 53 Vt. 82.

that title; other cases, 2093, 2124, 2130, 2141,
Of Highway location, 1839; of Judgment, see
2144, 2147, 2324, 2522, 2782.

Reference.

2529. Notice of motion for new trial filed before
filing of referee's report; premature. Hinds v. Gage,
56 Cal. 486.

2530. Sending report back to referee on motion
of receiver. Smith, Matter of, 9 Abb. N. C. 452.
See also, 1391; in Probate, 1761, 1765.
Reformation of Instruments.

2531. Reformation of deed by inserting forfeiture

Removal of Causes.

2533. Cause pending at time of Act of 1875; rul-
ing of State court as to competency of witnesses
not binding federal court. King v. Worthington (U.
S. S. C.), 25 Alb. L. J. 15.

2534. Case removable on motion of defendant
setting up counterclaim, though plaintiff's demand
is less than $500. Clarkson v. Manson, 18 Blatch.
443.

2535. The diversity of citizenship must have ex-
isted at the time the application is made. Bruce v.
Gibson, 9 Fed. Rep. 540.

2536. Removal denied after default of defendant.
Berrian v. Chetwood, 9 Fed. Rep. 678.

2537. Action by widow against bank for deposit
of deceased husband; foreign executor impleaded
under New York Act; not a removable case.
Bailey v. N. Y. Savings Bank, 18 Blatch. 77.

2538. For convenience of witnesses. Reavis v.
Cowell, 56 Cal. 588.

2539. Motion denied because all the defendants
did not join. Pieper v. Centinela Co., 56 Cal. 173.
2540. Change of place of trial on ground of
judge's disqualification under Penal Code. People
v. McGarvey, 56 Cal. 327.

Replevin.

See also, 1718, 1810, and VENUE.

2541. Defendant may prove right of possession
under general denial; allowed to amend by insert-
ing formal claim for return. Pico v. Pico, 56 Cal. 453.

2542. Judgment for defendant supported by mere
right of possession, without title. Delaney v. Canning,
52 Wis. 266.

2543. Judgment in replevin a good bar to action
for trover, facts and parties being the same. Harden
v. Parmelee (Minn.), 13 Rep. 82.

2544. Attachment in suit against one tenant in
common, of the common property; replevin by the
other tenants; judgment for defendant; bill in
equity by defeated plaintiff, to annul judgment, and
restrain proceedings on board. Safford v. Gallup,
53 Vt. 292.

2545. Weight of evidence on special facts. Smith
v. Arnold, 56 Cal. 640.

Against Sheriff, 2785.

Res Adjudicata; see JUDGMENT.
Res Gestæ; 1975, 2504.

Reservation in Deed, 1639.

Residence; non-residence as affecting Costs, 1565;
see SETTLEMENT.

Review, Bill of, 1824.

Reward.

2546. Claimant must have rendered the services
with the intention of claiming the reward. Hewitt
v. Anderson, 56 Cal. 476.

2547. Claim for reward offered by supervisors for
arrest of murderer. Stamp v. Cass County (Mich.),
11 North W. Rep. 183.

Rivers; see NAVIGABLE WATERS.

Robbery; see LARCENY; related topic, BURGLARY.
Sale.

This title relates to Personal Property; as to sale
of Land, see Vendor and PURCHASER.

The Original Parties.

2548. Action lies on note for goods sold at auc-
tion, though auctioneer was unlicensed, and sale
void. Gunnaldson v. Nyhus, 27 Minn. 440.
2549. Memorandum by vendor alone.
Whipple (Wis.), 13 Rep. 63.

Sale distinguished from Bailment, 1441.

Wiener v.

Rights of Creditors, or other Third Persons.
2550. Presumption of fraud from retention of
possession by vendor. Molin v. Barton, 27 Minn. 530.

2551. What amounts to such change of possession
as to prevent vendor's creditors from attaching, when
property is in hands of third person at time of sale.
Hildreth v. Fitts, 53 Vt. 684.

2552. Constructive delivery where goods are in
hands of third person. Williams v. Lerch, 56 Cal. 330.

2553. Sale of goods fraudulently obtained, to
innocent third person; replevin by original owner.
Schelley v. Diehl (N. Y.), 13 Rep. 90.

2554. Property resold to third person; option of
original vendor to reclaim, or waive lien, and sue for
conversion. Hill v. Larro, 53 Vt. 629.

2555. Action for price barred by retaking of
goods, under condition in contract of sale. Hyslip
v. French, 52 Wis. 513.

2556. Conditional sale of dairy utensils "on
trial;" fraud of vendor; duty of vendee as to notice
of result of trial. Gibson v. Vail, 53 Vt. 476.

2557. Delivery of railroad ties in excess of num-
ber called for by contract; question of vendor's
title to specific ties; commingling of goods.
Chandler v. De Graff, 27 Minn. 208.

2558. Entirety of contract; refusal to accept
first portion of delivery. Houck v. Miller, 45 L. T.

Rep. 202; 25 Alb. L. J. 39.

2559. Of threshing machine, with warranty;
entirety of cause of action for breach. Geiser Co.
v. Farmer, 27 Minn. 428.

2560. Breach of warranty of harvesting machine;
rule of damages. Frohreich v. Gammon (Minn.), 11
North W. Rep. 88.

Fraud of Agent.

2561. Innocent vendor not liable in tort for
fraud of agent. Kennedy v. McKay (N. J.), 25 Alb.
L. J. 69.

As to Sales by Agent, see also AGENCY; BROKER.
Salvage.

2562. In case of one ocean steamer saved by
another. The Colon, 18 Blatch. 277.

2563. Right of crew employed in wrecking bus-
iness to claim. The Ceterayo, 9 Fed. Rep. 717.
Related topics; INSURANCE (Marine); SHIPPING.
Savings Bank; see BANKS.

Scire Facias; 1940, 2193, 2643.
School.

2564. Action by teacher against district; certifi-
cate of qualification a pre-requisite to hiring; form
of signature of district officers. Ryan v. Sch. Dist.,
27 Minn. 433.

2565. Resolution of trustees of College of New
York directing salary to be paid to widow or repre-
sentatives of deceased teacher; held unlawful, and
that it was the duty of the city auditor to reject it.
People v. Jackson, 85 N. Y. 541.

2566. Power of director and clerk to issue orders;
power of district board as to contracting debts;
and of board and voters together. Kane v. Sch. Dist.,
52 Wis. 502.

2567. Quo warranto to try validity of proceedings
by which several townships were formed into an in-
dependent school district; Minnesota Acts inter-
preted. State v. Sharp, 27 Minn. 38.

2568. Board of Education of city of New York
held not liable for negligence of ward trustees, in
repairs of school building. Donovan v. Board, 85
N. Y. 117.

2569. In an action against the superintendent of
school buildings, and the ward trustees, for the same
cause of action as in the foregoing case, the plain-
tiff's complaint was dismissed, on proof that the
actual negligence was that of workmen employed
by the ward trustee. Donovan v. McAlpin, 85 N. Y.
185.

Sea; see NAVIGABLE WATERS.

Seal; in Lease, 1543; on Coupon Bonds, 1584;
on Bond of Public Officer, 2286.
Seduction.

2570. Action by father; evidence of service;
punitory damages recoverable; use of force no de-
fence; law reviewed. Lavery v. Crooke, 52 Wis.

612.

2571. Indictment for seduction under promise of
marriage; allegation of chaste character. State v.
Gates, 27 Minn. 52.

2572. Wife incompetent under Minnesota Act, to
testify against husband, in action for enticing her
away. Huot v. Wise, 27 Minn. 68.

See also, 2673.

Connected topics, ADULTERY; MASTER AND
SERVANT; PARENT AND CHILD.

Sentence; in Criminal Law, 1605, 2237.
Sequestration; Writ of, 1422, 1758.

Service; see WRIT AND PROCESS.

Services; see LABOR; MASTER AND SERVANT, etc.
Set-off; against Decedent, 1575.

Settlement of Paupers, see Poor.

Sewer Assessment, 1514.

Sheriff and Constable; see WRIT AND PROCESS;
ARREST; ATTACHMENT; EXECUTION.
Shipping and Admiralty.

Connected topics, AVERAGE; INSURANCE (Mar-
ine); SALVAGE; WHARF.

2573. Action against vessel for penalty for failure
of master to report; seizure beforehand not neces

sary; nor suit against master or owner; nor trial by
jury. The Paolina S., 18 Blatch. 315.

2574. Covenant of purchaser of vessel that she
should pay certain dividends to seller; right of lat-
ter's assignee to the dividends. Bishop v. Olcott (N.
Y.), 13 Rep. 120.

2575. Power of subordinate officers to punish
Murray v. White, 9 Fed. Rep. 502.
Charter-Parties.

seamen.

2576. By what usage charter-party should be con-
strued, McPherson v. Cox, 13 N. Y. Week. Dig. 344.

2577. Towage contract; implied undertaking that
tug is reasonably fit for service. Robertson v. Ama-
zon Tug Co., 25 Alb. L. J. 13.

2578. Lien of ship-owners not necessarily lost by
manual delivery of goods; freight earned before
government has elected to declare a forfeiture,
should be paid to claimant from proceeds of the
sale, Six Hundred Tons of Iron Ore. 9 Fed. Rep. 595.
Duress by charterer refusing to clear, 1677.

Lien for Repairs.

2579. Lien for repairs of vessel; the contract
maritime, and jurisdiction of Federal courts, exclu-
sive. The Woolsey, 18 Blatch. 344.

2580. Priority between mortgages and lien, under
State Act, for repairs in home port. The J. Spangler,
9 Fed. Rep. 773.

Powers of Master; Bottomry.

2581. Agreement of master to abide decision of
court in pending case, held unauthorized. McPherson
v. Cox, 13 N. Y. Week. Dig. 344.

2582. Bottomry bond made at foreign port; the
general maritime law, and not the law loci contractus,
nor of the ship's flag, governs action to enforce.
The Gaetano and Maria, 7 P. D. 1.

2583. Innocent holders of drafts fraudulently
drawn by master against vessel and cargo, not per-
mitted to recover, the drawee being a party to the
fraud. Fechtenburg v. Woodland, 3 Morr. Transc.

198.

Collision.

2584. Federal admiralty courts competent to en-
tertain questions of collision of foreign vessels on
high seas. Luna v. Belgenland, 13 Rep. 6.

2585. Jurisdiction of Federal admiralty courts
over collisions at sea between foreign vessels. The
Belgenland, 9 Fed. Rep. 576.

2586. Liability of vessel in admiralty for colli-
sion causing loss of life. Gordon, ex parte (note),
25 Alb. L. J. 66.

2587. Owner not relieved from liability by pres-
ence of pilot; advice on which vessel was fastened
at particular place, is admissible on question of neg-
ligence. Cook v. Curtis (N. H.), 13 Rep. 112.
2588. Burden of proof on libellant, to show which
of several vessels sued, is in fault. The Dayton, 18
Blatch. 411.

2589. Collision of brig and steamer; special facts.
Brig Lindsley v. Brown, 3 Morr. Transc. 204.

2590. Degree of care required from tow-boat.
The Jackson, 9 Fed. Rep. 614.

Sic utere tuo; as to Nuisance, see that title; as be-
tween Railroad Company and Land-owner, 2452;
see also, 2675, 2732.

Signature; by agents, etc., 1444, 1465, 2433, 2564.
Slander; see LIBEL AND SLANDER.
Society; see ASSOCIATION.

Specific Performance; see VENDOR AND PUR-

CHASER.

State; or People.

2591. Contract between law-publishers and State
for publication of State reports; clauses reserving
chase on fixed terms, and imposing liquidated dam-
privileges to law-book sellers in two cities to pur-
ages for breach held valid, and that State officers
had power to execute such a contract; aggrieved
party may recover damages and interest in his
own name. Little v. Banks, 85 N. Y. 258,

2592. Counter-claim in action brought by State
inadmissible. People v. Miles, 56 Cal. 401.

Actions by People, 1840, 1842; Mandamus to
State Officers, 2026; as to Public Land, see that
title; relations to United States, see JUDGES AND
COURTS; as to Elections, 1688; see also, Gov-

ERNOR.

Statute of Frauds.

Promise to Pay Debt of Another.

2593. Promise to apply debtor's money in prom-
isor's hands, in consideration of forbearance, held an
original, not collateral, promise. Dock v. Boyd, 93
Pa. St. 92.

2594. Promise to pay debt of another; mere inci-
dental advantage not adequate as a new considera-
tion. Clapp v. Webb, 52 Wis. 638.

2595. Giving and guaranteeing note of another
for one's own debt, is not within statute. Eagle
Mach. Co. v. Shattuck (Wis.), 25 Alb. L. J. 24.

2596. Acceptance of draft in consideration of sur-
render of property by drawee to drawer, not within
statute. Dunbar v. Smith, 13 Rep. 67.

2597. Action maintainable by third person, on
contract made for his benefit, though not with him.
Moody v. Wiley (Ky.), 13 Rep. 13.

2598. Agreement to execute note as surety for
another. Dee v. Downs (Iowa), 11 North W. Rep. 2.
2599. Conveyance made to raise funds to pay
obligation of debtor void under statute of frauds;
yet consideration held good, and conveyance valid,
since debtor may waive the statute; decisions re-
viewed. Appleton First Nat. Bank v. Bertschy, 52
Wis. 438.

2600. Verbal acceptance of order without funds
in acceptor's hands, invalid. Walton v. Mandeville,
13 Rep. 70.

2601. Question on the facts whether promise was
original, or for another. McCartney v. Hubbell, 52

Wis. 360.

In Other Cases.

2602. Memorandum of auction sale by vendor's
agent; necessity of acceptance by vendee. Bamber
v. Savage, 52 Wis. 110.

2603. Memorandum of contract contained in
letters; effect of reference to imperfect agreement
in writing. Cave v. Hastings, 45 Law T. Rep. 348;
25 Alb. L. J. 63, 70 (note).

2604. Parol agreement between parties having an
interest in land, that one shall bid for both at judi-
cial sale, held invalid. Cornell v. King, 13 N. Y.
Week. Dig. 327.

2605. Incidental advantage to oral promisor not
sufficient. Clapp v. Webb (Wis.), 13 Rep. 94.
2606. Partnership in management of real estate
between joint owners; bill for account.
v. Pryme (notes), 34 N. J. Eq. 26.

Personette

Stocks.

2609. Stock was put into the hands of defendant
to "do the best he could" with it, and to "have
one-half of the proceeds." Defendant kept the stock,
which was at first of little or no value, for several
years, when it largely increased in value. Held on
the facts, that he was entitled to his one-half of the
stock with dividends collected. Wight v. Wood, 85
N. Y. 402.

2610. Transfer of pledged stock to avoid liability
as stockholder, taking power of attorney to re-
transfer; not a conversion. Heath v. Griswold, 18
Blatch. 555.

As to stocks in Banks, Railroads, Telegraph Com-
panies, or Corporations generally, see those titles;
as to membership of Stock Exchange, 1408.
Stoppage in Transitu, 2476.

Street; see HIGHWAY.

Subrogation; of Indorser, 2256; of Partner, 2308;
of Surety, 1470; of Ward to Guardian's Surety,
1825; see also, 2313.
Subscription, 2289.

Substitution of Attorney, 1425.
Summary Proceedings, 1978.
Sunday.

2611. "Necessity or charity" as an excuse for
traveling on Sunday. Bucher v. Fitchburg R. Co.
(Mass.), 25 Alb. L. J. 44.

Liquor Laws, 2017; Contracts, 2203.
Supplementary Proceedings on Execution, 1718.
Support.

2612. Mortgage on condition to support; the land
not liable for support elsewhere if person leaves
voluntarily. Lindsey v. Bradley, 53 Vt. 682.

2613. Damages for breach of contract to support;
assessable only to date of writ. Fay v. Guynon
(Mass), 25 Alb. L. J. 75.

premises, 2092, 2101; Municipal Assessments,
2162.

2618. Act "to regulate assessment of migratory
herds" unconstitutional, as applied to counties.
People v. Townsend, 56 Cal. 633.

2619. Validity of Act for appointment by circuit
judge, of commissioners to review valuations by
county board. State v. Myers, 52 Wis. 628.

2620. Powers of State and County Boards of
Equalization, under new California Constitution.
Wells v. Board, 56 Cal. 194.

2621. Appeal by town supervisors from deter-
mination of State assessors; filing of the decision of
the State board; joinder in the complaint of Com-
missioners of several towns. People v. Supervisors,

85 N. Y. 323.

Assessment; What is Taxable.

2622. Of money due; liability for non-perform-
ance of contract under articles included. Hull v.
Luzerne County, 93 Pa. St. 502.

2623. Personal property belonging to residents of
New York, but in the hands of an agent in another
county, should be taxed to the owner at his place
of residence and not to the agent. Boardman v.
Supervisors, 85 N. Y. 359.

2624. Question as to place in which lumber kept
for sale should be assessed, under Wisconsin Act.
Mitchell v. Plover, 11 North W. Rep. 27.

Liability of Tax Officers.

2625. Personal liability of assessors for assessing
non-resident owner of lands personally; waiver.
Hilton v. Fonda (N. Y.), 13 N. Y. Week. Dig. 386.
2626. Commitment of town collector on extent
issued by justice of the peace; constitutionality of
Vermont Act; habeas corpus denied. Hackett, re, 53
Vt. 354.

Exemptions.

2627. Power of legislature as to exemptions from
taxation; act exempting land grant of Wisconsin
Central railroad sustained; power of State to tax
lands granted by the United States to the State in
trust for railroad purposes. Wis. Cent. R. R. v.
Taylor County, 52 Wis. 37.

See also, CHARITY.

The Tax-Sale; Tax-Deeds.

2628. Tax-deed void for not reciting that it was
subject to redemption, or stating true consideration.
Hubbell v. Campbell, 56 Cal. 527.

2629. Form of assessor's certificate; must show
that statute was followed. Crooks v. Whitford (Mich.),
11 North W. Rep. 159.

2630. Deed not regular on its face; Minnesota
Acts examined; such a deed does not give color of
title under occupying claimants law. O' Mulcahy v.
Florer, 27 Minn. 449.

2631. Sale invalid for illegal assessment and levy;
purchaser acquires no lien for his purchase-money.
Barber v. Evans, 27 Minn. 92.

2632. Tax-deed as evidence of title; recitals
necessary; notice of sale. Sheehy v. Hinds, 27 Minn.
259.

2633. Deed void for uncertainty in description.
Johnson v. Ashland County, 52 Wis. 458.

2634. Order setting aside tax judgment, when re-
viewable under act; tax judgment held valid, though
land was exempt; this being a matter of defense
merely. Chicago County v. St. Paul, etc., R. R., 27
Minn. 109.

2635. Vacating the sale; Wisconsin Act of limi
tation; authority of county clerk under resolution
of county board; what is an "application" for a
tax-deed. Mead v. Nelson, 52 Wis. 402.

2636. Limitation of action to recover money paid
for illegal tax certificates; pleading. Smith v. Janes-
ville, 52 Wis. 680.

Connected topies, Judicial Sale; Ejectment.

Redemption; Right to Improvements.

2637. Right of occupant, in good faith, under
void tax-deed, to compensation for improvement.
Seigneuret v. Fahey, 27 Minn. 60.

2638. Action by guardian of insane person to re-
demption; compensation to occupant for improve-
deem; insanity does not suspend the right of re-
ments; Minnesota Acts. Goodrich v. Florer, 27
Minn. 97.

Recovery Back of Unlawful Tax.

2639. Voluntary payment not recoverable back;
nor one improperly levied, but for necessary benefits.
Henderson v. Breckenridge (Ky.), 13 Rep. 109.

2640. Claim for tax illegally collected by town;
time for filing under act. Wright v. Merrimack, 52
Wis. 466.

2641. Recovering back taxes unlawfully collected
by city. Raisler v. Athens, 13 Rep. 68.
Miscellaneous.

2642. Loss of lien of city by failure to prosecute
scire facias. Philadelphia v. Scott, 93 Pa. St. 25.
2643. Note given treasurer for taxes and not ac-
cepted by city, is invalid against maker. Crowell
v. Osborne (43 N. J. Law), 25 Alb. L. J. 17.
2644. Claimant not in possession, is not entitled
to relief on account of taxes paid. Dawson v. Girard
Trust Co., 27 Minn. 411.

Telegraph.

2645. Rule of damages for wrong delivery; lia-
bility for half-rate messeges. West Union Co. v.
Neill (Tex.), 13 Rep. 187.

2646. Agreement between telegraph companies
to pool profits. Benedict v. West. Un. Tel. Co., 9 Abb.
N. C. 214.

2647. Sale by one company to another of its
franchise and property, sustained; New York tele-
graph legislation reviewed. Hatch v. Am. Un. Tel.
Co., 9 Abb. N. C. 223.

2648. Increase of stock of Western Union Tele-

graph Company under Act of 1848; stockholders
not compellable to take stock instead of earnings;
dividends not to be declared out of past earnings
invested in business of the company. Williams v.
West. Un. Tel. Co., 9 Abb. N. C. 419.

2649. The same subject; injunction against in-
crease of stock based on past earnings. Hatchv. West.
Un. Tel. Co., 9 Abb. N. C. 430.

2650. The same subject considered by another
judge, and different conclusions reached. Williams
v. West. Un. Tel. Co., 9 Abb. N. C. 437.

2651. Proof of failure to deliver message as it is
received, establishes negligence prima facie, and
throws burden of proof on company; the clause ex-
empting company from liability for errors in cipher
obscure messages," interpreted. West. Un. Tel.
Co. v. Griswold (Nov. 1881), 37 Ohio St. 301 (Ad-
vance sheets).
Hart v.

ог

2652. Liability for mistake in message.
Direct Cable Co. (N. Y.), 13 Rep. 90.