NEGLIGENCE. See BALMENT. COMMON CARRIER, 10, 11. MASTER AND SERVANT, 11, 13. MUNICIPAL CORPORATION, 1, 11, 13. 5, 6. RAILROAD, 4, 6, 8. SHIPPING, 2. 1. Is the omission to use the means reasonably necessary to avoid injury to 2. To maintain action for, there must be fault on part of defendant and no 3. Aside from statutory or municipal regulation, no rate of speed at which 4. In clear case of contributory negligence the court should direct jury to 5. If negligence of railroad company contributes to injury, company is 6. When bowl is set by landlord in tenant's room for his exclusive use, with 7. Landlord does not insure against tenant's negligence, nor does his liabil- 8. That boy between six and seven was upon railroad track at or near street 9. One who places in hands of child article known to be dangerous, is liable 10. Act in direct violation of criminal statute negligence per se. Id. 12. Railroad company liable, notwithstanding negligence of intestate, if or- 13. Natural effects of tort are those which might reasonably be foreseen; 148. 14. Where passenger is injured by mutual negligence of servants of com- 15. No legal presumption that railroad company, while in exercise of lawful 16. That railroad company uses good machinery and most approved ap- 17. Railroad companies must use reasonable precautions to prevent fire being 18. Where obstruction in street is in plain view of driver of vehicle, and he 19. That woman sixty-seven years old, injured by being knocked down by NEGLIGENCE. 20. Person sailing in his yacht on Lord's day in violation of statute, if run into by steamboat, can only maintain action if act of those in charge of steamboat was wanton and malicious. Wallace v. River Nav. and Ex. Co., 691. 21. Freight car was left standing on side track so near main track as to make collision inevitable. Passenger was sitting with elbow on sill of open window resting his head on his hand. Corner of coach struck freight car so that it jarred the passenger's elbow outside window and his arm was crushed between the two cars. Held, that he was not guilty of contributory negligence. low v. Kelly, 421. NEGOTIABLE INSTRUMENT. 1. Overdue coupon of municipal bond which has not matured, is. Thompson v. Perrine, 221. Far Town of 2. Transfer after maturity, of interest coupons payable to bearer on day named, only passes title of transferror. McKim v. King, 77. NOTARY PUBLIC. See BILLS AND NOTES, 27. CRIMINAL Law, 27. NOTICE. See ATTACHMENT, 8. BANK, 2. MORTGAGE, 5. MUNICIPAL CORPORATION, 11. RAILROAD, 12. SURETY, 1. Purchaser is not chargeable with constructive notice of all instruments and incumbrances of record, but only of such as lie in apparent chain of title. Grundies v. Reid, 815. NOVATION. See DEBTOR And Creditor, 7 NUISANCE. 16, 17. See EQUITY, 15. INJUNCTION, 4. MUNICIPAL COrporation, 1. Ringing at early hour (to arouse boarding-house keepers or operatives living with them) of bell weighing 2000 pounds and set in open tower 40 feet from ground, and so situated as to residences owned and occupied before erection of bell, that they receive full force of sound, the inmates being deprived of sleep and their comfort impaired, is a private nuisance; and mill owner may be restrained by injunction, the ringing not being shown to be necessary or reasonable; and evidence of custom to so ring bells in other places is inadmissible. Davis v. Sawyer, 349. 2. NOISE AND VIBRATION AS ELEMENTS OF NUISANCE, 625. OFFICER. See ATTACHMENT, 2, 3, 6, 7. ATTORNEY, 1. SHERIFF, 2. PROHIBITION, 2. 1. Town marshal may be bailiff. Constable cannot be sheriff, deputy sheriff or clerk of superior court, but may be marshal. Lewis v. Wall, 549. 2. Where officer is called upon by nature of service, to make an inquiry and investigation after process comes into his hands, he is only required to exercise reasonable care, skill and diligence in so doing. Street v. Pennell, 285. 3. A sheriff who erroneously certifies in levy on land that appraisers were disinterested, is not liable in absence of negligence. Id. 4. Remedy for such error is in motion for leave to amend return, and in power of court under such motion, to extend necessary relief. Id. 5. In absence of constitutional or legislative restriction, where no definite term of office is prescribed by law, power of removal is incident to power of appointment, and that power is sole judge of existence of cause. Patton v. Vaughan, 422. 6. In action on treasurer's official bond, his settlement with county court is conclusive. Hunnicutt v. Kirkpatrick, 422. ORDINANCE. 1. Charter and ordinances of city stand in same relation as constitution and statutes of state. Quinette v. City, 485. 2. Where city charter provided that judges of election should receive no pay, and repealed all inconsistent ordinances, Held, that ordinance providing for pay of judges and clerks was repealed only as to judges. Id. PARENT AND CHILD. 1. Father of infant child is entitled to its custody rather than mother; and PARENT AND CHILD. when father has entrusted child to grandmother, her custody is in legal intendment his. State v. Barney, 422. 2. Hence, when mother, assisted by her brother, forcibly took the child so entrusted from its grandmother, the force being exerted by the brother at mother's request, Held, that brother was criminally liable for assault and battery. Id. PARDON. Unconditional pardon cannot be treated as nullity on habeas corpus proceeding, after re-arrest on ground that pardon was fraudently obtained by acts done to affect prisoner's health and representations concerning it. Knapp v. Thomas, 485. PARTITION. 1. At common law, partition operates by way of delivery of possession and estoppel; in equity, unless otherwise provided by statute, the transfer of title in partition can only be effected by execution of conveyance, which may be decreed, and compelled by attachment. Gay v. Parpart, 221. 2. Where decree for partition erroneously declared nature of estate of each co-tenant and deeds were made three days after which did not follow decree, oill being brought twelve years afterwards to perfect partition by compelling conveyances in accordance with original decree, Held, that court could inquire into equities of parties arising out of surrounding circumstances and refuse to decree conveyance when inequitable to do so. Id. Id. 3. If original decree was made by consent of party against whom error was committed, without valuable consideration, and no one is interested but volunteers or purchasers with full notice, no such decree will be made. PARTNERSHIP. See CORPORATION, 10. EXECUTORS AND ADMINISTRATORS, 3, 5. FORMER RECOVERY, 1. LIMITATIONS, STATUTE OF, 13-16. 1. Action at law lies for breach of contract to form copartnership. Hill v. Palmer, 149. 2. If damages from breach of partnership agreement belong exclusively to one partner, and can be assessed without taking an account of partnership business, he may maintain an action at law. Id. 3. One partner can not assign firm property for benefit of creditors, unless his copartner can not be consulted. Lieb v. Pierpont, 34, and note. 4. Partner purchasing in good faith interest of copartner, though firm be known to be insolvent, can claim exemption out of what was partnership property as against partnership creditors. Mortley v. Flanagen, 77. 5. Executor or administrator of surviving partner dying while settling business, is entitled to assets, and must complete settlement, unless relieved by contract or order of court; and he may be compensated for so doing. Dayton v. Bartlett, 77. 6. Where parties agree to share in profits, law will infer partnership; but presumption may be rebutted. Lockwood v. Doane, 815. 7. Rule omnia præsumuntur contra spoliatorem is for wrongdoers, and should not be applied to case where failure to perform duty (as to keep accounts) is due solely to incapacity. Diamond v. Henderson, 550. 8. In action by one partner against another for accounting, though it appears on trial that nothing is due plaintiff, yet, if defendant unreasonably neglected to render account, there should be judgment adjusting rights of parties, and court may impose costs on defendant. Id. 9. Where one member of firm goes out and new partner takes his place, and business is conducted under same style, customer of old firm selling and delivering goods to new firm after change, but without notice of it, can hold either firm liable, but not both. Scarf v. Jardine, 364, and note. 10. Where partners sought and obtained aid of accountant in adjusting accounts, for purpose of settlement, and he prepared paper showing what he considered a fair settlement, which they adopted, Held, no arbitration or award, but that paper merely constituted settlement, liable to be opened for mistake. Stage v. Gorich, 807. 11. Where it is clearly shown that one partner has made advances for use of PARTNERSHIP. firm of considerable sums, which were not taken into consideration at settlement, 12. Where fire insurance is effected by member of firm in firm's name, upon Dearborn, 422. 13. If one partner on dissolution of firm, sells his interest in partnership 14. But where on dissolution, goods equal in amount to firm's indebtedness 15. Where surviving partner, with acquiescence of personal representatives 16. If partner, bound to give his time to business of firm, and not to engage 17. Agreement provided that superintendent should receive for his services 18. Three railroads operated under partnership arrangement, three lines of PARTY WALL. See COVENANT, 5. PATENT. See CONSTITUTIONAL LAW, 3. CONTRACT, 4. PARTNERSHIP, 16. 1. For mechanism cannot be re-issued so as to cover process. Wing v. 2. Design of patent laws is to reward a substantial discovery or invention. 3. Patent not set up by way of defence, where there is no dispute as to time PATENT. 4. Bill may be dismissed because inventions described in patent are not pat- 5. Where patentee is not pioneer in field, but has merely devised new 1. To recover back money paid to prevent illegal distress for taxes it is suf- 2. Simple acceptance by suit or otherwise, by third person, of promise made PENSION. 1. Money due for, not liable to seizure by creditors, until it has come to pen- 2. Exemption under 4747 Rev. Stat., applies only while money is in PILOTAGE. 1. State law of Georgia compelling masters of vessels bearing towards any 2. But the exception in said law is contrary to section 4237 U. S. Rev. 3. Prior contract between master and another pilot will not give right to re- 4. Contract between commissioners of pilotage and licensed pilots to limit PLEADING. See DAMAGES, 7. EQUITY, 8, 12. FIXTURE, 2, 3. LIMITATIONS, 1. Count in tort for deceit in sale of stock may be joined with count in con- 2. General rule in torts and parol contracts is that day when tort was com- 3. Trover and case may be joined. McConnell v. Leighton, 423. 4. In action on insurance policy it is not necessary to set out in hæc verba PLEDGE. See CORPORATION, 21, 25. POLITICAL ASSESSMENTS. See CRIMINAL LAW, 28. POSSESSION. See LIMITATIONS, STATUTE OF, 7. POUND. See REPLEVIN, 6, 7. TRESPASS, 2. POWER OF ATTORNEY. See HUSBAND AND WIFE, 15. |