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County Court, 8 Cal. 58; People v. Marin or meets a want. A legislative act, providCounty Sup'rs, 10 Cal. 344; Waugh v. Chaun- ing that so much of a certain other act cey, 13 Cal. 12; Robinson v. Sacramento which changed the time for holding court in County Sup'rs, 16 Cal. 208). a certain county as required the court to be held in such county on a certain day should not take effect until the following year, etc., may be fairly described as a "supplemental" act, and not an amendatory act, within the provisions of Const. Tex. art. 7, § 25, forbidding the amendment of an act by reference to its title. Loomis v. Runge, 66 Fed. 856, 859, 14 C. C. A. 148.
A "supervisor" cannot be created by legislative enactment. The office of supervisor is a constitutional one (Const. art. 3, § 22), and is elective; and to clothe any one with powers of a supervisor who has not been elected would be to act in direct conflict with the spirit and intent of that portion of the Constitution making supervisors elective. Williams v. Boynton, 25 N. Y. Supp. 60, 67, 71 Hun, 309.
An action brought by "the supervisors of the town" means the supervisors of the town eo nomine, without use of their personal names, and the action is that of the town, and not of the supervisors personally. State v. Town of Decatur, 17 N. W. 20, 22,
58 Wis. 291.
The term "supervisory control," as used in Const. art. 8, § 2, giving the Supreme Court supervisory control, implies something to supervise, as well as something to control, and the exercise of judicial discretion on the part of the court. The supervisory power granted to this court is a co-ordinate power, and, as with its original and appellate jurisdiction, so with this. The power thus conferred will only be exercised after consideration, deliberation, and a judicial determination of the merits of the controversy with reference to which it is sought to be invoked. It cannot be appealed to, and a remedy had
under it, as a matter of course. In re Weston, 72 Pac. 512, 516, 28 Mont. 207.
A "supplement" is that which supplies a deficiency; that which fills up, completes, or makes an addition to something already organized, arranged, or set apart; a part added to or a continuation of. It is used sometimes as a synonym of "appendix." State v. Wyandot County, 16 Ohio Cir. Ct. R. 218, 221 (quoting 9 Ohio Dec. 90, 91).
"Supplement" is a supplying by addition of what is wanting. Thus it was held that where an act authorized the construction of waterworks for a city, but required the assent of the voters, the purpose of a subsequent act repealing the provision as to assent was sufficiently expressed by its title as a supplement to, etc. Rahway Sav. Inst. v. City of Rahway, 20 Atl. 756, 757, 53 N. J. Law, 48.
The word "supplemental" is defined by Webster as that which supplies a deficiency
A "supplemental affidavit" is not confined to an explanation of the original affidavit, but may set up a new and different defense. The setting up of a new or different defense, however, is suspicious, and requires that the same shall be closely scrutinized. Callan v. Lukens, 89 Pa. 134, 136.
A "supplemental answer" is in the nature of a plea puis darrein continuance under the old practice, which it was necessary to plead at the first opportunity, and before the next continuance, and could only be pleaded at a later date by leave granted by the court in its discretion, on showing a satThe
isfactory excuse for the negligence.
See "Bill of Revivor and Supplement."
A supplemental bill "is a bill filed for the purpose of supplying a defect which has arisen in the progress of the suit by the happening of some event subsequent to the filing of the original bill, and is in continuation of the original suit." Butler v. Cunningham (N. Y.) 1 Barb. 85, 87.
A supplemental bill is a mere continuation of the original suit by or against a party having or acquiring the interest of the former party, and it forms, together with the original bill and the proceedings under it, but one record. Harrington v. Slade (N. Y.) 22 Barb. 161, 166.
A supplemental bill is a bill which is merely "in continuation of the original suit and filed for the purpose of filling up such a deficiency as does not cause a material al
teration in the matter in litigation or a change of the principal parties, and when, therefore, it is only requisite to add some thing to the former proceedings in order to attain complete justice." Bowie v. Minter, 2 Ala. 406, 411.
A supplemental bill is considered merely as an addition to the original bill, and, while it is often permissible and proper to introduce matter that has occurred after the institution of the suit, and of such a nature as cannot be properly the subject of an amendment, yet such new matter must not be such as to change the rights and interests of the parties before the court. Ledwith v. City of Jacksonville, 13 South. 454, 458, 32 Fla. 1.
person, whether or not already a party, without depriving all of the original plaintiffs of their interest, the defect arising from this event may be settled by a supplemental bill. 1 Fost. Fed. Prac. p. 409, § 187. This bill may be filed at any time during the progress of the suit, as well after as before a decree, and even during the pendency of an appeal. A defendant may file a supplemental bill, which may also be brought in behalf of the defendant in the suit. The authorities are clear that when new parties must be brought in, or new matter is brought forward by persons not parties to the original suit, but whose rights and interests are affected by the decree already made, and who seek to set up matters which occurred during the pendency of the action, the filing of a supplemental bill in the nature of a bill of review is the proper practice. Thompson v. Schenectady R. Co. (U. S.) 119 Fed. 634, 638.
A "supplemental bill," says Story, Eq. Pl. § 332, "is merely an addition to the original bill, in order to supply some defect in its original frame or structure. In many cases an imperfection in the frame of the original bill may be remedied by an amendment. Generally a mistake in the bill in the statement of a fact should be corrected by an amendment, and not by a right statement of the fact in a supplemental bill; but the imperfection of a bill may remain undiscovered while the proceedings are SUPPLEMENTAL COMPLAINT. in such a state that an amendment can be permitted according to the practice of the court, or it may be of such a nature, having occurred after the suit is brought, as may not properly be the subject of an amendment. By the practice of the court no amendment § 2803, authorizing actions to be revived, on is generally allowable after the parties are motion, within one year from the death, etc., at issue upon the points of the original bill "or afterwards, on a supplemental comand witnesses have been examined; nor is plaint." Plumer v. McDonald Lumber Co., it generally allowable to introduce into the 42 N. W. 250, 252, 74 Wis. 137. bill by amendment any matter which has happened since the filing of the bill. In such cases a supplemental bill is the appropriate remedy, and such a supplemental bill may not only be for the purpose of putting in issue new matter, which may vary the relief prayed in the original bill, but also for the purpose of putting in issue matter which may prove the plaintiff's right to the relief originally prayed." Bloxham V. Florida Cent. & P. R. Co., 22 South. 697, 704, 39 Fla. 243, Ely v. Wilcox, 26 Wis. 91, 98.
When an event happens subsequently to the filing of an original bill, which gives a new interest in the matter in dispute to any
Strictly speaking, a "supplemental bill" relates to matters occurring after bill filed, as changes of interest pendente lite, etc. Melton v. Withers, 2 S. C. (2 Rich.) 561, 567.
Any complaint made by the representative of a deceased plaintiff, though it be the first filed in the action, is a "supplemental complaint," within the meaning of Rev. St.
A supplemental complaint is an addiafter the filing of an original, and it and the tional complaint, consisting of facts arising original constitute the complaint in the that the court may on motion allow suppleUnder Rev. St. 1881, § 399, providing mental pleadings showing facts which occur after the former pleadings were filed, it is
within the discretion of the trial court to al
low the filing of additional pleadings after the issues are closed. Pouder v. Tate, 132 Ind. 327, 329, 30 N. E. 880.
A supplemental bill is an addition to an original bill, and is ordinarily filed to cor- SUPPLEMENTAL PETITION. rect imperfection or mistake in the original bill, or to bring some new party into the case. It may also be filed in some cases to bring before the court new matters which have occurred since the filing of the original bill, and in that event the relief originally prayed for may be modified or enlarged to meet the case as presented after the addition of the new matter. Schwab v. Schwab, 49 Atl. 331, 93 Md. 382, 52 L. R. A. 414 (citing Story, Eq. Pl. § 333 et seq.).
A petition containing merely a statement of transactions constituting his cause of action arising before the bringing of the suit is technically an "amended petition," and it was incorrect to designate it as "supplemental petition," since it pleaded no new facts accruing after the filing of original petition. Scroggin v. Johnston, 64 N. W. 236, 238, 45 Neb. 714.
"Supplementary," as used in a contract reciting that it was a supplementary agree
ment, is a term which well comports with | ance with certain conditions, with gas, under the idea of new provisions in a contract. A certain penalties. Jones v. Rochester Gas liability created on the part of one of the & Electric Co., 60 N. E. 1044, 1045, 168 N. Y. parties, where none existed before, is rather supplementary, than explanatory. Wescott v. Mitchell, 50 Atl. 21, 23, 95 Me. 377.
The office of a supplementary complaint
is to add to the cause of action already averred, not to enable the plaintiff to recover upon a cause of action which has accrued since
the action was commenced. Halsted v. Halsted, 27 N. Y. Supp. 408, 7 Misc. Rep. 23.
As action, civil action, or special proceeding, see "Action"; "Civil Action -Case-Suit-Etc."; "Special Pro
▲ supplementary proceeding is a separate proceeding in an original action, in which the court where the action is pending is called upon to exercise its jurisdiction in aid of the judgment in the action, and is entirely statutory. Bryant v. Bank of California (Cal.) 7 Pac. 128, 130.
Supplementary proceedings are not an action on a judgment, within Code Civ. Proc. § 382, subd. 7, providing that an action on a judgment rendered in a court not of record must be commenced within six years. Green v. Hauser (N. Y.) 18 Civ. Proc. R. 354, 358, 9 N. Y. Supp. 660.
The phrase "to supply" signifies to make provision for; to provide; to serve instead of; to take the place of. The repealing clause in Act 1889, art. 19, § 2, providing that "all acts or parts of acts, inconsistent herewith or supplied by the provisions hereof, be, and the same are, hereby repealed," means simply that, when the subject of an existing enactment is fully and completely covered by the provisions of such act of 1889, the power, right, or proceedings, as the case may be, shall thereafter be treated as based upon that act, rather than upon the older one supplied by it. The phrase "supply" seems obviously to have reference to other enactments concerning those subjects upon which the statute in question has made full and complete provision, designed to take the place of the former and to serve in their stead. City of Reading v. Shepp, 2 Pa. Dist. R. 134, 140.
Where a person obtained gas from another customer of a gas company, it was not "supplied" in any fair sense of the term, or within the meaning of Laws 1890, c. 566, § 65, requiring gas companies to supply any owner or occupant of a building, on compli
"Supplying," as used in a city ordinance granting a water company the right and privilege, for the term of 25 years, of supplying the city and its inhabitants, was intended in its primary sense, intending there
by to give the water company the right to
furnish all the water the city and its inhabitants may need to have furnished during such period. City of Brenham v. Brenham Water Co., 4 S. W. 143, 147, 67 Tex. 542.
"Supplying," as used in an exemption from local taxation of the property used in supplying electricity, includes the manufacturing of such electricity. The power to supply includes the power to manufacture. Southern Electric Light & Power Co. v. City of Philadelphia, 43 Atl. 123, 191 Pa. 170.
A contract requiring a coke manufacturing company to furnish 15 cars of coke per day for a certain time at an agreed price, but providing that the company were "not
to be held in damages for the railroad company's failure to supply transportation," means, in the light of an established custom that a coke manufacturer will divide his supply of cars ratably among all orders on hand when a shortage occurs, a failure to supply cars and other means of transportation equal to the demands of the trade, and the company were not liable for failure to supply the 15 cars, though the railroad company furnished such a number per day. McKeefrey ▼. Connellsville Coke & Iron Co. (U. S.) 56 Fed. 212, 216, 5 a. C. A. 482.
See "Full Supply"; "Necessary Supplies"; "Operating Supplies"; "Plantation Supplies"; "School Supplies."
The word "supply" is defined in the Standard Dictionary as "that which is or can be supplied; available aggregate of things needed or demanded; an amount sufficient for a given use or purpose." In the Imperial Dictionary, "that which is supplied; sufficiency of things for use or want; a quantity of something furnished or on hand." As used in a contract to purchase all supplies of a certain description for a certain period from a certain firm, the word means all of the specified goods necessary for the purchaser's business during such period. W. P. Fuller & Co. v. Schrenk, 68 N. Y. Supp. 781, 784, 58 App. Div. 222.
A primary meaning of the word "supply" is "an amount sufficient for a given use or purpose." It was held used in such sense in a contract whereby plaintiff agreed to furnish defendant borough a supply of water for its fire hydrants, to be used for the purpose, and no other, of extinguishing fires.
"The clause, fairly construed, not only re
"Supplies," as used in Code, § 1978, prostricted the use of the water, but clearly im-viding that landlords furnishing supplies to plied that the supply through these hydrants their tenants may secure themselves thereshould be of sufficient force and volume to on upon the crops, includes board furnished be reasonably effective for the purpose for a tenant by the landlord. Jones v. Eubanks, which the company agreed to supply it." 12 S. E. 1065, 1066, 86 Ga. 616. Waymart Water Co. v. Borough of Waymart, 4 Pa. Super. Ct. 211, 220.
Mules purchased by a tenant of his landlord are "supplies," within Code 1880, § 1301, If we are to stand upon the mere ety- giving a landlord a lien on the crops promology of the word "supply," in the act pro- duced by the tenant for all advances for hibiting any officer or agent of any corpora-“supplies” furnished during the term of the tion or municipality to be interested in the lease. Trimble v. Durham, 12 South. 207, sale or furnishing of any supplies or ma- 70 Miss. 295. terials to the organization or body which he represents or of which he is a member (Act March 31, 1860, § 66), we find it derived from "sub," meaning under, and "plere," to fill, and defined by Webster as "the act of furnishing with what is wanted." As a noun
it is generally used in the plural, and we are unable to see why the word "supplies" cannot be applied to horses, wagons, cars, or labor indiscriminately. Under such section township supervisors are prohibited from employing their own teams or minor children upon the township roads. In re Hazle Tp. (Pa.) 6 Kulp, 491, 493.
"Supplies" has a fairly well defined meaning; that is to say, such stores of food, etc., as are kept on hand for daily use. it is held that a mortgage of a steam sawmill, with all supplies on hand, does not clude saw logs. Conner v. Littlefield, 79 Tex. 76, 77, 15 S. W. 217.
Supplies for city.
"Supplies," as used in reference to a city, in its broad etymological sense embraces anything which is furnished to a city or its inhabitants; but as used in section 419 of the Greater New York charter, requiring comin-petitive bids for supplies, it has no applica
tion to contracts for furnishing water to the inhabitants of New York.. Gleason v. Dalton, 51 N. Y. Supp. 337, 338, 28 App. Div. 555.
Dry goods such as calico, lawn, poplin, white cotton hose, and the like, sold to laborers on a plantation, gave no privilege to the vendor on the crop of cotton of that year, since a privilege is only given on the growing crop for necessary supplies. Wallace v. Urquhart, 23 La. Ann. 469, 470.
Supplies for agricultural purposes.
"Supplies," as used in Code 1871, making the husband the general agent of the wife to contract for supplies for carrying on agricultural operations on her plantation, embraces such things as are necessary or adapted to the conduct of agricultural operations; and whether an article falls within the class designated by the word "supplies" must be determined by resort to the usages and customs of the agricultural interests. Wright v. Walton, 56 Miss. 1, 5.
"Supplies" means that which is or can be supplied; available aggregate of things needed or demanded; an amount sufficient for a given use or purpose. As used in a contract between a landlord and tenant, giving the landlord a lien on the crops of the tenant for supplies furnished and to be furnished, it includes money furnished by the Jandlord and used by the tenant in making and gathering the crops. Strickland V. Stiles, 33 S. E. 85, 86, 107 Ga. 308.
Hutch. Code, § 498, which declares that all contracts for the purchase of "supplies for the plantation," etc., owned by any married woman, made by the husband or wife, or either of them, shall be obligatory upon the husband and wife, etc., means whatever
is necessary for the cultivation of the plantation, and includes work horses or mules which are used on the plantation. RobertSon v. Ward, 20 Miss. (12 Smedes & M.) 490,
In a general sense, the word “supplies” comprises anything yielded or afforded to meet a want; but the use of a pier, hired by a city for the purpose of removing offal from the city, is not a "supply" furnished, within Laws 1853, c. 217, § 12, providing that all work to be done for the city and all supplies to be furnished for the corporation involving an expenditure of more than $250 must be by contract founded on sealed bids. Farmers' Loan & Trust Co. v. City of New York, 17 N. Y. Super. Ct. (4 Bosw.) 80, 89.
Supplies for county offices.
"Supplies," as used in Comp. Laws, 609, as amended by Laws 1889, c. 49, § 104, providing that all contracts for the furnishing of stationery, blank books, and supplies generally for all county offices shall be made at a certain time, clearly signifies pencils, paper, rubber bands, blanks, ink, and articles of that description required and constantly used by county officers. Dewell v Hughes County Com'rs, 66 N. W. 1079, 1080, 8 S. D. 452.
Supplies to loggers.
The word "supplies" is used in Rev. St. § 3330, providing for a lien in favor of persons furnishing supplies to men engaged in
getting out logs and timber in that county, | for.
In a mortgage of a steam sawmill, with all its fixtures and appurtenances and all the
supplies on hand, "supplies" should be construed to refer to a commissary, where there was one attached to the mill, and to include
the stores therein kept, and other farm produce and merchandise kept ordinarily on hand for operating the mill, but not to include saw logs at the mill, nor an iron safe used therein. Conner v. Littlefield, 15 S. W. 217, 218, 79 Tex. 76.
"Supplies furnished," as used in a statute entitling liens for supplies furnished to priority over a lien created by a mortgage, does not include goods delivered by a firm to laborers in payment of orders on a mercantile firm for merchandise in payment of their wages. Seventh Nat. Bank v. Shenandoah Iron Co. (U. S.) 35 Fed. 436, 440.
"Supplies furnished," as used in a statute entitling persons who have a lien for supplies furnished to priority over a lien created by a mortgage, does not include a debt due a railroad company for freight charges for carrying iron, coal, etc., for an iron manufacturing company. Seventh Nat. Bank V. Shenandoah Iron Co. (U. S.) 35 Fed. 436, 440.
Supplies to paupers.
Acts of kindness or charity or aid furnished as a gift or loan do not constitute "supplies" within the pauper act making the town wherein the person furnished with such supplies has his settlement liable there
Inhabitants of Hampden v. City of
Under Rev. St. 1840, c. 32, § 7, providing that any person resident in any town at the date of the passage of this act, who has not within one year previous to that date received support or supplies from some town as a pauper, shall be deemed to have a settlement in the town where he dwells and had his home, supplies cannot be considered as furnished to a man as a pauper, unless furnished to himself personally or to one of his family, and those only can be considered as his family who continue under his care Green v. Inhabitants of and protection. Buckfield, 3 Me. (3 Greenl.) 136, 140.
Whisky furnished to the master of a boat to supply the place of other whisky lost in the course of transportation, and to thus enable the boat to fulfill a contract of affreightment, will not be deemed "supplies," within a statute subjecting the boats and vessels to a lien for all the debts contracted by the master, owner, agent, or consignee of such boat or vessel on account of stores or supplies furnished for the use thereof. Bailey v. The Concordia, 17 Mo. 357, 358.
Merchandise furnished the master of a steamboat for the purpose of enabling him therewith to purchase wood and other necessaries for the boat in the prosecution of her trip becomes a debt contracted by the master on account of "supplies" furnished for the use of such boat, within the meaning of the act concerning boats and vessels (Act March 19, 1835), providing that every boat or vessel used in navigating the waters of the state shall be liable for all debts contracted by the master on account of supplies fur