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(See also “CIVIL DAMAGE" LAWS.)
not defend by showing that it was sold by his wife in a
part of the house used by her as a store, 35.
less than a gallon (Mass.), 256.
[See CORPORATIONS; USURY.]
The origin of, 310.
[See JUSTICE OF THE PEACE.]
tion of malice and want of probable cause, 358.
enforcing obedience to it, 236.
ing and laboring clause, 96.
[See ADMIRALTY AND MARITIME LAW.1
[See also HUSBAND AND WIFE.)
party defranded. Tompperts Exrs. v. Tomppert, 66.
the party defrauded. Ibid.
advantage of by a party in his life time, can not be
exercised by his executors or devisees. Ibid.
promise of marriage independent of the statute, 97.
proposed abolition in England, 200.
(See HUSBAND AND WIFE.]
(See also NEGLIGENCE.)
[See OFFICES AND OFFICERS; OFFICIAL BONDS.)
Mobilia sequuntur personam, 119.
refusal of owner to allow premises to be removed
measure of damages, 174.
building free from mechanics' liens, not broken by the
if he is indebted to builder, 356.
after expiration of time for filing lien, 415.
trustees may contract therefor, 458.
Liability of, for giving false information, 340.
Liability for acts committed under. 173.
Bill to reform partnership agreement on ground of, 317.
breach of conditions, 155.
them for non-payment, mortgagor may show that notes
secured were usurious, 155.
same subject-matter between the parties executed
Blakeslee v. Morgan, 289.
possession, and to sell and apply the proceeds, or any
against creditors. Ibid,.
of railroad is a chattel mortgage, 381.
tion has no rights superior to mortgagee, 498.
ter execution of deed, as to easement, 38.
the time of paymen not been extended and no securi.
ties having prior equities, 58.
ure suit, otherwise a subsequent action to foreclose
will be barred, 78.
notice of sale; misnomer, 155.
deed referred to for description, it instrument contains
scribed in deed referred to, 297.
gaged property, 356.
to mortgagee, 397.
through mistake: rights of subsequent lienors. French
V. Stone, 405.
Minnesota statute, 411.
purchase. Edwards v. Allonez Mining Co., 188.
works provided company should guarantee their pay.
and protected both city and bondholder. 133.
run, an overdue and unpaid coupon for interest is at.
Cromwell v. County of Sac, with note, 209.
struments, and subject to the same rules as other ne-
gotiable paper. Ibid,
negotiated before there is any decision by the courts of
valid or void. Ibid.
[See, also, NEGLIGENCE.)
owner of horses frightened for damages caused, 35.
tractor against, 56.
yond the terms of its contract with the contractor, 96.
a city for vehicles, does not authorize transportation
company to use it in competition with the railroad, 139.
by dedication, i39.
tract indebtedness. Law v. The People, 248.
levy of a tax, to entertain official visitors to the city.
Liability of, for injury from surface water on streets, 414.
[See BANKS AND BANKING.)
to become a citizen of the United States under the Re.
vised Statutes as amended in 1875. In re, Ah Yup, 387.
ing of the term, as used in the naturalization laws of
the United States. Ibid.
[See also CARRIERS; MASTER AND SERVANT, ETC.]
for injury received while there. Balt. & Pot. R. R. v.
excuse neglect of party crossing track to take precau-
tions. C. Ř. I. & P. R. R. v. Houston, 132; same, 175.
a building when workmen are employed overhead, 256.
and are drowned, 338.
domestic animal liable, 359.
ing when due, 417.
injury to cow caused by its swallowing wire from de.
tective fence, 421.
ant; insufficiency of the number of servants employed;
use of dangerous machinery, 16.
continuing in the employment, presumed to have as.
sumed the extra risk, 19.
in the course of his employment, sufficient opportu-
vert and superintendent in charge of the work, not
former caused by negligence of latter, 60.
the erection of a building, he is not liable if a fellow.
Independent employment; master not liable, 401.
Liable for flooding caused by street improvements, 75.
men, when, 120.
arrests on charge of felony, 12.
in building sewer, 354.
erty destroyed by fire. Tainler v. City of Worcester,
ing Slock. Articles by Hon. H. S. Kelly, 23, 43.
stock, from whatever cause arising," does not re-
gence of its servants, 56.
company not proximate cause of the destruction of
burning oil which floated down the stream, 95.
party to take precautions. C. R. I. & P. R. R. y. Hous-
(Kas.), 157, 357.
killed inadmissible, 157.
Grand Trunk K. R. v. Stevens, 207.
street car, 335.
increased care is required of the public as of the com-
pany. Harlan v. St. L., K. C. & N. R. R., 229.
contributory negligence of plaintiff. Ibid.
not guilty of, 236.
prevent a recovery by an injured passenger. Prideaux
v. City of Mineral Point, 428.
repair,whereby his stock are injured by railroad, guilty
was uplawfully on defendant's land will not defeat
to be altered, 217.
posited with it, 221.
dental breaking of a tool in the hands of another, 256.
engine by yard-master, 294.
pany is absolutely liable for all damages by fire set out
question of negligence. Small v C. R. I. & P. R. R. 310.
by the locomotive of the defendant communicating
NEGOTIABLE AND ASSIGNABLE PAPER- Continued.
teral" not notice to plaintiff of agreement between prin.
promissory note (as in Alabama in some cases), the
and demand in order to charge indorsers, 478.
359, answer, 399.
(See CRIMINAL LAW AND PROCEDURE.)
Meaning of“ mailed" in notary's certificate. 285.
the purchase, and who found an alley way open and in
Burton v. Shotwell, 31.
lowing it to be so used, liable for damages caused to
ings an indictable, L, & N. R. R. Co. v. Com., 86.
and work their line does not authorize them to commit
constitute a nuisance, 95.
houses ,115; of Missouri statute, 317.
water, even though only arising from natural rain-fall,
E. R. R., 367.
be set out in the indictment; the Bradlaugh case, 202.
comments on, 339.
lic had abandoned the casement by non-user, unless
such non-user had continued for twenty years, 96.
those to whom it is made, 31.
consent of others does not affect the contract, 31.
County auditor's fees in Indiana, 117.
proceeding against sheriff, 216.
ation of process, 217.
mons and officer's return. Mastin v. Duncan, 328.
vice of city marshal, 415.
Construction of constable's bond, 18.
of a railroad as the train backed towards it, and no one
liable in damages for running over the child, 317.
of one; negligence of fellow.servant, 355.
railroad through fault of owner, 374.
if they kill themselves in consequence, 416.
such a rate as may be necessary to avoid harm to per-
v. Lindell R. R., 425.
the contract or in tort, 436.
order, and first endorsed by third party; circumstances
inal promisor, guarantor, or indorser, respectively, 54.
fore delivery, he is prima facie liable as maker or guar-
not necessary to allege or prove any other than the
as guarantor, a distinct consideration must appear, 55.
pose of speculation ultra vires, 56.
pres't, James Givens, I. V. W. Dutcher," is not prima
sentment has been made or notice given to indorsers,
Merchants National Bank, 65.
and suit was brought, not a good plea in abatement in
endorsement in blank. Cochran v. Rippy, 88.
neither payee nor endorser, is treated as a maker, 134.
value from maker, 155, 209.
written agreement, 175.
promissory note, 196.
ments, and subject to the same rules as other negoti.
able paper. Cromwell v. County of Sac, 209.
sufficient acceptance under English statute, 433.
endorser. Howe Machine Co. v. Hadden, 446.
who assigned the same by indorsement to F. Fafter-
G's indorsee, could not recover of F, Ibid.
ing a note for collection, and, through interference
v. Heinrichshofen, 285.
caused by explosion of coal oil lamp, 57.
quietus; settlements between county court and col.
Efect of endorsement of note before delivery, 356.
office, and sells or collects the money during his sec-
punishment of a lunatic convict is valid, and takes ef-
stored to reason, 78.
dent or subsequent, provided it be not illegal, immoral
or impossible of performance. Arthur v. Craig, 424.
might revoke it, under certain circumstances, upon
[See PLEADING AND PRACTICE.]
tition with owners, notwithstanding vendor retained a
by proceedings under act of Nov. 21, 1857 (Mo.), 499.
Power of partner over real estate of firm, 18.
one partner against the other for any cause growing
bilities of the parties, 42.
clusive sale by firm of certain articles for a term of
liability. Re Thomas & Sivyer, 151.
the profits, does not constitute a, 316.
vidual debt, even to retain for firm debtor's custom, 318.
tribunal, court will prevent suit when, 355.
against the other, 374.
after death of partner, 397.
another partner in another business carried on in con-
with the partnership. Dean v. McDowell, 469.
and other text books overruled. Ibid.
rights of third parties. Cochrane v. Deener, 26.
title, its novelty or utility and the sufficiency of the
not covered by the patent, 96.
right to show on their face that they were so given,
article by O. F. Bump, Esq., 323.
affecting them; article by Wm. Ritchie, Esq., 373.
toxicated at the time, admissible, 78.
[See PLEADING AND PRACTICE.)
paid for his testimony as for a professional opinion;
refusal to testify a contempt, 11.
chman v. State, 231.
CRIMINAL LAW AND PROCEDURE.)
Power of courts to order entres nunc pro tunc, 38.
porating into it nunc pro tunc a special finding of the
facts upon which the judgment was rendered, 76.
may direct jury to disregard it, 17.
cause not reduced to writing as an instruction, 18.
ant justifies on the ground of self-defense, plaintiff has
right to begin and ly, 39.
I. & Pac. R. R., 47.
witness before it is shown that prisoner was connected
with it, 293.
serting to be facts what are not in evidence may be
punished personally, or verdict set aside, 296.
Of cause, a matter of judicial discretion, 118.
parties had been previously taken by depositions, 82.
pæna not served by marshal, 83.
erty and under his control as judgment for debt sued
other than payee, under Ohio code, 58.
from petition, 115.
that letters of one had been revoked and plaintifr ap.
pointed in his place bad, 115.
under which fraud was discovered need not be alleged,
and suit was brought, not a good plea in abatement
PLEADING AND PRACTICE-Continued.
Bled, defendant must file affidavit of merits, 116.
judgment against part, 136.
ship of note in issue, 155.
not so may be shown by plea in abatement, 393.
quent plea can not be carried back to the declaration,
statute of limitations has run upon the cause of action,
not apply to the manner of taking depositions to be
used in the federal courts. Sage v. Tauszky, 7.
ties, in invitum by an order directing the consolidation
of independent suits. Knight Bros. v. Ogden Bros., 27.
proper parties to foreclosure suit, 354.
mortgaged, or the demand secured, are proper parties,
tary conveyance of intestate, 375.
for the trial of a cause before a justice of the peace,
the time of the trial governed, 118.
his sitting as a juror where opinion was founded on
mere rumor, 136.
gronnd for new trial, 255.
delinquent taxes, 277.
does not disqualify him for grand juror, 277.
overruled by the court. He was then challenged per.
no error. Small v. C. R. I. & Pac. R. R., 310.
for $10,000 damages, 448.
subsequent term, construed," 117.
fact an order entered by consent, 114.
and afterwards sells such real estate to C. who assumes
PLEADING AND PRACTICE-Continued.
chaser of part of estate, and heirs of deceased, 57.
friend in suit by infant, 358.
ing petition for removal to federal court. Moynahao .
court by a trick, service of process will be set aside,
legislative committee, 58.
Service of, by mail, I(Wis.) 318.
In Wisconsin must be by order of court, 18.
ground for refusing, 434.
place where the action is brought, 39.
Himrod v. Baugh, 87.
same time A, together with his partner D, owed de-
court, can a debt existing against his testator or intes.
favor for the excess? Query, 279; Answer, 299, 319.
competent, in a proceeding supplementary to execu.
Sage v. Tauszkey, 7.
pleadings, and forms and modes of proceeding, applies
mus is the only proper remedy upon municipal bonds,
state statute, authorizing its agent “to acknowledge
Ass. Co., 305; another case, 442.
Validity of judgments of federal, in state, courts, 414.
site to a valid, 18.
vertisements, 461, 300, 339.
place where the action is brought, 39.