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TABLE OF ABBREVIATIONS

xix

erty.

Talk. (Pa.)
Walker (Pa.)

Wheeler, Am. Or.
Walk. Pat..
Walker on Patents.

Law

Wheeler's Abridgment of Wall. Wallace (U. S.)

American Common Law Wall. Jr.. Wallace, Junior (U. 8.)

Cases. Wall. Sr.

Wallace, Senior (U. S.) Wheeler, Or. Cas... Wheeler's Criminal Cases Ware Ware (Ú. S.)

(N. Y.) Wary. Abst.. ... Warvelle on Abstracts of White's Ann. Pen. Title.

Code

White's Annotated Penal Wash, Washington.

Code (Tex.) Wash. (Va.). Washington (Va.)

White's Recop..... White's Recopilacion (Land Washb. Easem... Washburn on Easements

Laws of Spain and Mexand Servitudes.

ico). Washb. Real Estate.. Washburn on Real Prop- White & T. Lead.

Cas. Eq...... White and Tudor's LeadWashb, Real Prop.. Washburn on Real Prop

ing Cases in Equity. erty.

White & W. Civ. Wash. C O........ Washington Circuit Court Cas. Ct. App..... White & Willson's Civil (U. S.)

Cases Court of Appeals Wash. Law Rep.... Washington Law Report

(Tex.)
er (D. C.)

Wig. Wills... Wigram on Wills.
Wash. T.
Washington Territory. Wilcox

Wilcox (Pa.)
Wat Set-Oif.. Waterman on Set-Off. Will.

William (as 1 Will. IV). Watts Watts (Pa.)

Will. Eg. Jur.... Willard's Equity JurispruWatts & S.. Watts & Sergeant (Pa.)

dence. W. Bl. Sir William Blackstone's Willes

Willes' English Common
English King's Bench

Pleas Reports.
Reports.

Williams (Vt.) ..... Williams (Vt.)
Webst. Dict.... ... Webster's Dictionary. Williams, Ex'rs Williams on Éxecutors.
Webst. Dict. Unab.. Webster's Unabridged Dic-Williams, Ex'rs [R.
tionary.

& T. Ed.]........ Williams on Executors Webster Sen.

[Randolph and Talcott Doc. Webster in Senate Docu

Edition.) ments,

Williams, Real Prop.. Williamson Real PropWebst. Int. Dict.... Webster's International

erty. Dictionary.

Wills, Cir. Ev...... Wills on Circumstantial Wedgw. Dict. Eng.

Evidence.
Etymology Wedgwood's Dictionary of Willson, Civ. Cas.
English Etymology.

Ct. App.

. Willson's Civil Cases Court Welsb., Hurl. & G.. Welsby, Hurlstone, and

of Appeals (Tex.)
Gordon's Reports (1-9 Willson, Tex. Cr.
English Exchequer Re Law

Willson's Revised Penal ports):

Code, Code of Criminal Wend. Wendell (N. Y.)

Procedure, and Pena) Weskett, Ins.. Weskett's Complete Digest

Laws of Texas.
of the Theory, Laws and Wils.

Wilson (Ind.)
Practice of Insurance. Wils.

Wilson's English Common West Coast Rep.. ... West Coast Reporter.

Pleas Reports.
West. Law J....... Western Law

Journal, Wilson's Rev. &
Cincinnati (Ohio)

Ann. St...... Wilson's Revised and AnWest. Law Month.. Western Law Monthly

notated Statutes (Okl.) (Ohio)

Winch ... Winch's_English Common West. M.. .... Western Law Monthly

Pleas Reports. (Ohio)

Winch

Winch's Entries.
Westm.

Statute of Westminster. Winfield, Words &
Whart.
Wharton (Pa.)

Phrases

Winfield's Adjudged Words Whart. Ag... Wharton on Agency.

and Phrases, with Notes. Whart, Am. Cr. Law.. Wharton's American Crim- Winst.

Winston (N. C.) inal Law.

Winst. Eq.

Winston's Equity (N. C.) Whart, Coni. Laws.. Wharton's Conflict of Wis.

Wisconsin,
Laws.

Witthaus & Becker's Whart. Cr. Ev..... Wharton on Criminal Evi Med. Jur........Witthaus and Becker's dence.

Medical Jurisprudence. Whart. Cr. Law.... Wharton's American Crim- Wkly. Dig.. Weekiy Digest (N. Y.) inal Law.

Wkly. Law Bul.... Weekly Law Bulletin Whart Or. Pl. &

(Ohio) Prac.

Wharton's Criminal Plead-Wkly. Law Gaz. ... Weekly Law Gazette ing & Practice.

(Ohio) Whart. Ev......... Wharton on Evidence in Wkly. Notes Cas.... Weekly Notes Cases (Pa.) Civil Issues.

Wkly. Rep...... Weekly Reporter, London Whart. Homicide... Wharton's Law of Hom

(English). icide.

Wm.

William (as 9 Wm. III). Whart, Law Dict... Wharton's Law Diction- Wm. Bl..

Sir William Blackstone's ary (or Law Lexicon).

English King's Bench ReWhart. LAW Lexi

ports, Wharton's Law Diction- Wm. Rob. Adm..... William Robinson's Eng. ary (or Law Lexicon).

lish Admiralty Reports. Whart. Neg.. Wharton on Negligence. Wms. Ex'rs

Williams on Executors. Whart. St. Tr..... Wharton's State Trials | Wm. & Mary...... William and Mary (as 2 (U, S.)

Wm. & Mary, c. 1). Whart. & S. Med.

Woerner, Adm'n.... Woerner's Treatise on the Wharton and Stille's Med

American Law of Adical Jurisprudence.

ministration. Wheaton (U. S.)

Woodb. & M.. ... Woodbury & Minot (U. S.) Wheat. El. Int.

Woodf. Landl. & T.. Woodfall on Landlord and Wheaton's Elements of In

Tenant. ternational Law.

Wood, Ins....... Wood on Fire Insurance.

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Jur.

Wheat.

Law ............

TABLE OF ABBREVIATIONS.

Wood, Inst..... Wood's Institutes of_the, Works, Pr....... . Works' Practice, Pleading, (Common) Laws of Eng.

and Forms. land.

Wright

Wright (Ohio) Wood, Landl. & Ten.. Wood on Landlord and Wright (Pa.) Wright (Pa.) Tenant.

W. Rob. Adm.. W. Robinson's English Ad Wood. Lect..... Wooddeson's Lectures on

miralty Reports. Laws of England.

W. S.

Wagner's Statutes (Mo.) Wood, Lim..... Wood on Limitation of Ac-W. Va.

. West Virginia. tions.

Wyatt, Prac. Reg. . Wyatt's Practical Register Wood, Mast.

in Chancery. Serv. Wood on Master and Serv- Wyo.

. Wyoming. ant.

Wythe

Wythe's Chancery (Va.) Wood, Nuis........ Wood on Nuisances. Wood, Ry. Law Wood's Law of Railroads. Woods Woods (U. S.)

Y Wood's Civ. Law... Wood's Institutes of the

Civil Law of England.
Wood's Dig....

Yeates (Pa.)
Wood's Digest of Laws

Yeates
(Cal.)

Yerg.

Yerger (Tenn.) Wood, St. Frauds., Wood's Treatise the York Leg. Rec.. York Legal Record (Pa.) Statutes of Frauds.

Younge & C. Ch.... Younge & Collyer's Eng. Woodw. Dec... Woodward's Decisions(Pa.)

lish Chancery Reports. Woolr, Waters. Woolrych's Law of Waters. Woolw.

Woolworth (U. S.) Worcest. Dict... Worcester's Dictionary.

Z
Wor. Dict.

Worcester's Dictionary.
Works, Courts ....Works on Courts and Their Zab.

.. Zabriskie (N. J.)
Jurisdiction,

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JUDICIAL AND STATUTORY DEFINITIONS

OF

WORDS AND PHRASES.

VOLUME 8.

SUPERSEDE.

with all the required conditions. It does not

relate back to the date of an order appealed To "supersede" is to set aside or annul, from, so as to annul proceedings already and an order which sets aside or annuls a had, or restore rights under it already lost. decree dissolving an injunction must rein. The stay simply leaves the proceedings on state the injunction. New River Mineral Co. the order, and the rights of the appellant 5. Seeley (U, S.) 117 Fed. 981, 982.

under it, just as they are when it takes ef"In the military sense to be superseded folk v. Bruns, 45 Minn. 96, 97, 47 N. W. 460.

fect on the date of filing the bond. Woolmeans to have one put in the place which by the ordinary course of military promotion The writ of supersedeas is an auxiliary belongs to another.” Ex parte Hall, 18 Mass. process designed to supersede the enforce(1 Pick.) 261, 262.

ment of the judgment of the court below,

brought up by writ of error for review. SUPERSEDEAS.

Williams v. Bruffy, 102 U. S. 249. Originally

it was a writ directed to an officer, comA supersedeas is a writ issued to a manding him to desist from enforcing the ministerial officer commanding him to sus

execution of another writ which he was pend or desist in a proceeding under another about to execute, or which might come into writ previously issued to him. Tyler v. his hands. In modern times the term is oftPresley, 13 Pac. 856, 857, 72 Cal. 290 (citing en used synonymously with "stay of proceedAbb. Law Dict.).

ings," and is “employed to designate the efA "supersedeas” is a statutory remedy fect of an act or proceeding which of itself by which the enforcement of a decree of a suspends the enforcement of a judgment." court is superseded or delayed during ap- Dulin v. Pacific Wood & Coal Co., 33 Pac. peal. State v. Lailin, 58 N. W. 936, 937, 40 123, 124, 98 Cal. 304. Neb. 441.

A "supersedeas," in the la age of the Jacob in his Law Dictionary says that Civil Code, is a written order, signed by the "supersedeas” is a writ that lies in a good clerk, commanding the appellee and all othmany cases. It signifies, in general, the ers to stay proceedings on the judgment or command to stay some ordinary proceedings order, meaning, of course, the judgment or at law, on good cause shown, which ought order appealed from. Roberts V. Jenkins, 4 otherwise to proceed. This court, in the case Ky. Law Rep. 648, 650, 80 Ky. 666. It is a of Blackerby v. People, 10 Ill. (5 Gilman) remedy provided by law for the unsuccessful 266, 267, said that the order allowing a litigant, who complains of certain errors supersedeas does not operate as a suspension committed to his prejudice by the court beof the judgment until the bond is filed and low, and stops all proceedings on the judg. the writ of error issued. When these pro- ment until this court disposes of the appeal. ceedings are had, the clerk issues the cer- Smith v. Western Union Tel. Co., 83 Ky. 269, tificate, the object of which is to notify all | 271. other parties that the proceedings are stayed. Perteet v. People, 70 Ill. 171, 177.

"Supersedeas," properly so called, is a

suspension of the power of the court below A supersedeas is a statutory remedy, to issue an execution on the judgment or deand is only obtained by strict compliance cree appealed from, or, if a writ of execu8 Wds.& P.-1

(6795)

SUPERSEDEAS

6796

SUPERSTRUCTURE

tion is issued, it is a prohibition emanating further proceedings in the cause; for, after from the court of appeal against the execu- it is received, the justice has no right to take tion of the writ. It operates from the time any proceeding or issue any writ. Mairs v. of the completion of those acts which are Sparks, 5 N. J. Law (2 Southard) 513, 516. requisite to call it into existence. If, before those acts are performed, ån execution

"Supersedeas," properly so called, is a has been lawfully issued, a writ of super- suspension of the power of the court below sedeas directed to the officer holding it will to issue an execution on the judgment or de be necessary; but, if the writ of execution cree appealed from, or, if an execution bas has been not only lawfully issued but ac- been issued, it prohibits further proceedings tually executed, there is no remedy until the under it. Staffords v. King (U. S.) 90 Fed. appellate proceedings are ended, when, ir 136, 110, 32 O. C. A. 536. the judgment or decree be reversed, a writ of restitution will be awarded.

A supersedeas is a written order, signed

Hovey v. McDonald, 3 Sup. Ct. 136, 141, 109 U. S. 150, by the clerk, commanding appellee and all 27 L. Ed. 888.

others to stay proceedings on the judgment

or order. Ind. T. Ann. St. 1899, 8 795. A supersedeas suspends the efficacy of the judgment, but does not, like a reversal, SUPERSEDEAS BOND. annul the judgment itself. Its object and effect are to stay future proceedings, and A "supersedeas bond" merely operates not to undo what is already done. It has to stay an execution or other final process no retroactive operation, so as to deprive the on the judgment. It does not vacate the judgment of its force and authority from judgment, nor prevent any party thereto the beginning, but only suspends them after from invoking it, as an estoppel. Ransom v. and while it is itself effectual. A conse | City of Pierre (U. S.) 101 Fed. 665, 669, 41 quence of this is that whatever is done un-C. C. A. 585. der the judgment after and while it is suspended, being done without authority from the judgment, which is then powerless, SUPERSTITIOUS USE. should be set aside as improperly and irregularly done, but that whatever is done accord

The statute of mortmain has been exing to the judgment before the supersedeas tended to Pennsylvania only so far as it takes effect is upheld by the authority of the probibits dedication of property to superjudgment, and not overreached by the su- stitious uses and grants to corporations witbpersedeas. Runyon v. Bennett, 34 Ky. (4 out a statutory license. A trust in favor of Dana) 599, 29 Am. Dec. 431 (cited, approved, an unincorporated religious society is not a and followed in Weber v. Tanner [Ky.) 64 gift to a superstitious use. "Superstitious S. W. 741, 742).

use" by the British courts has been extended

to all uses which are subordinate to the inA supersedeas has the effect to suspend terest and will of the Established Church. further proceedings in relation to a judg-Methodist Church V. Remington (Pa.) 1 ment, but it does not, like a reversal, annul Watts, 219, 225, 26 Am. Dec. 61. it. The supersedeas, being preventive in its nature, does not set aside what the trial

A bequest of money made by a member court has adjudicated, but stays other pro- of the Roman Catholic church to a priest for ceedings in relation to the judgment until the celebration of a mass for the soul of the the appellate court acts thereon. In Florida, testator and another, though it would be so long as an appeal with supersedeas from void under the English common law as be an order granting injunction is pending, the ing for "superstitious uses," is valid and will power of the court to enforce the injunction be upheld in the United States, where such or to punish as contempt acts in violation of provision of the common law never became its terms committed during such time is sus.

a part of the law of the country. Harrison pended. Powell v. Florida Land & Improve- v. Brophy, 51 Pac. 883, 884, 59 Kan. 1, 40 ment Co., 26 South. 700, 41 Fla. 494.

L. R. A. 721. "Supersedeas," as the word indicates, supersedes the judgment of the court below, SUPERSTRUCTURE. and no step should be taken toward execution after the Supreme Court has determined

"Superstructure," as used in Act April prima facie that the defendant has not been 21, 1858, providing that where property of a legally convicted, and has ordered that a railroad company, except the superstructure writ of error in a criminal case be made of the road and water stations, should be supersedeas. Ritchey V. People, 43 Pac. subject to taxation by ordinance for city pur1026, 1028, 22 Colo. 251.

poses, means the roadbed, with whatever has

been constructed upon it, although the word A writ of certiorari, issuing out of the might in present railway engineering phrase Supreme Court and directed to the court for ology be limited to sleepers, rails, and fastthe trial of small causes, is in its nature and enings. City of Philadelphia v. Philadelphia effect a "supersedeas," and ought to stay all / & R. R. Co., 35 Atl. 610, 611, 177 Pa. 292.

SUPERSTRUCTURE

6797

SUPERVISOR

"Superstructure," as used in Comp. St., tive, rather than judicial, in its fundamental e 77, $ 39, requiring the officers of railroad character, although as a necessary incident corporations to return to the Auditor of Pub- thereto there is involved quasi judicial aulic Accounts for assessment and taxation the thority to determine respective right. Farm number of miles of railroad in the state, in- Inv. Co. v. Carpenter, 61 Pac. 258, 266, 9 cluding roadbed, right of way, and super-Wyo. 110, 50 L. R. A. 747, 87 Am. St. Rep. structure thereon, cannot be construed to 918. include a bridge over the Missouri river. Webster defines the word "superstructure,"

Const. art. 11, § 4, providing that the referring to railroad engineering, to be the schools shall be vested in the board of edu

“supervision of instruction" in the public sleepers, rails, and fastenings, in distinction from the roadbed, called also “permanent cation, does not mean that the board shall way." Cass County v. Chicago, B. & Q. R. enter into the details of giving instruction Co., 41 N. W. 246, 25 Neb. 348, 2 L R A. or carrying on the schools. It means no

more than a general oversight over the mat188

ter of instruction, and would not include the

selection of books on particular subjects. SUPERVISE.

State ex rel. Wolfe v. Bronson, 21 S. W. 1125,

1126, 115 Mo. 271. "Supervising" means taking part in the work, and hence, where an insured had

"Supervision" is defined by Webster to stated that he was a confectioner, and his be “the act of overseeing, inspection, or duties were supervising, the insurance com- superintendence," and is so used in an act pany will be liable on the policy, though the giving a board of transportation general policy classified him as à proprietor, not supervision of railroads; and hence the act working, and bis death was caused while clothes the board with necessary powers for working. Schmidt v. American Mut. Acc. such purposes. State v. Freemont, E. & M. Ass'n, 71 N. W. 601, 602, 96 Wis. 304.

V. R. Co., 35 N. W. 118, 124, 22 Neb. 313.

SUPERVISING FARMER.

SUPERVISOR The term "supervising farmer," in a

See "Road Supervisor." classification of the risks of an insurance company, covers a person who employs farm

A supervisor is an officer of the civil laborers and does but little work himself. township, as are justices of the peace and "We think that the supervision of a farm constables, and is charged with the opening, includes in its care and oversight the doing repairing, and keeping in repair the public of such incidental things as may be re- roads or highways within his road district. quired for keeping it in order, and does not Woodworth v. State, 26 Ohio St. 196, 197. mean absolute idleness as far as physical

A supervisor is a ministerial officer, labor is concerned.” National Acc. Soc. of whose duties and authority are prescribed City of New York v. Taylor, 42 Ill. App. 97, and limited by statute, and which, for the 102.

most part, are confined to his own district.

His duties, generally, are to open and keep SUPERVISION.

in repair and unobstructed the public roads

in his district not owned or operated under "Webster says 'supervision' means to private charters or by incorporated comoversee for direction, to superintend, to in- panies. Grove v. Mikesell, 13 Ohio St. 158, spect, as to supervise the press for correc- 165. tion." It is so used in Rev. St. U. S. & 441 (U. 8. Comp. St. 1901, p. 252), charging the

The word “supervisors," when applied to Secretary of the Interior with the super- county officers, bas a legal signification, and vision of the office relating to the public means those officers having the general manlands; and hence the statute gives the Secagement of the affairs of the county. The retary of Interior and, under his direction, duties of such officers are various and manithe Commissioner of the General Land of fold, sometimes judicial, and at others legisfice, the power to review all the acts of the lative and executive. From the necessity of local officers, and to correct and direct a

the case it would be impossible to reconcile correction of any error committed by them. them to any particular head, and therefore, Van Tongeren v. Heffernan, 38 N. W. 52, 56, in matters relating to the police and physical 5 Dak. 180.

regulation of counties, they are allowed to

perform such duties as may be enjoined on "Supervision," as used in the Constitu- them by law, without any nice examination tion of Wyoming, providing that the state into the character of the powers conferred. shall control the public waters in the state, This rule preserves the utility of these offiand such control shall consist in a super- cers, while at the same time the rule is in vision of the waters, their appropriation, dis- harmony with the spirit of state Constitutribution, and diversion, by a board of con- tions. State v. Ormsby County Com’rs, 7 trol, etc., includes official action, administra- Nev. 392, 397 (citing People v. Eldorado

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