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HUSBAND AND WIFE-Continued.
of note it was given to secure; jurisdiction. Mers-
Criminal Law; Married Woman; Mechanics' Lien;
directly, impeached. Barrows v. National Rubber
piano are household furniture, and exempt from.
to exeniption not waived by neglect to claim it. Mc-
oner under civil process; "offense,” what is, within
demanded. State of North Carolina v. Perry (D.C.
contract of purchase. Hinkley & E. Iron Co. v.
of mortgage to foreclose ; payment of judgment by
Dougherty v. Remington Paper Co. (N. Y. App.)..... 273
to lay track through city; right need not be exclu-
road. East Tenn., Va. & Ga. R. R. Co. v. Hamblin
expectation." Nevill v. Snelling (Eng. Ch.D). 503
game like faro, keno, etc. Nuckolls v. Comm. (Va.
acceptance; when not transferable. King v. Batter-
what does not constitute jurisdiction; infant sur-
Guardianship of Hubbard Infants (N. Y. App.) .... 315
ity in drawing juror does not vitiate acts of jury.
See Criminal Law,
tion to public. Talbott v. Richmond & D. R. R. Co.
ground; use of part of premises for business pur-
maintainable between. Hobbs v. Hobbs (Mē. S. C.), 73
ity of husband. Biery v. Ziegler (Penn. S. C.). 398
separate estate. Pratt v. State (Ohio S. C.).... 144
pecessaries; revocation of implied authority. Deben-
to pledge his credit for articles suitable to her
ICE. See Negligence.
Woman; Parent and Child ; Pleading.
to restrain another in same court. Mann v. Flower
prove actual damage in an action to restrain.
from running cars on rails made, without having
one negligently causing, fire; joinder of parties.
Swarthout v. Chicago & N. W. R. R. Co. (Wis. S. C.), 256
be cancelled and note surrendered by agreement of
parties. Acker, Rec'r, v. Hite (Penn. s. C.).... 357
waiver. Critchett v. American Ins. Co. (Iowa 8. C.), 137
not concealed and actually destroyed, company
liable for Austrian case.
ance for another's benefit. Reitenbach v. Johnson
avoiding policy. Southern Mut. Ins. Co. v. Kloeber
ation of insured. Titus v. Glen's Falls Ins. Co. (N.Y.
dor and purchaser. Rayner v. Preston (Eng. Ch. D.) 339
equity may enforce payment; misrepresentation;
subsequent act. Black v. Nat'l Ius Co. (L. Can).... 123
of loss, does not avoid policy. Dogge v. Northwest-
not. Stupetzki v. Transatlantic F. Ins. Co. (Mich.
tion. American Ins. Co. v. Foster (III. S. C.).. 164
compromise of loss; misrepresentations as to owner-
ship. Stache v. St. Paul F. & M. Ins. Co. (Wis. S. C.) 37
ing induced by epileptic fit. Winspear v. Accident
complying with State laws as to business. Cowardin
habitual drunkard. Odd Fellows Mut. Life Ins. Co. v.
INTEREST. On mortgage after due not at contract
but at usual rate. Goodchap v. Roberts (Eng. App.). 218
See Conflict of Laws; Constitutional Law: Guard-
Practice ; Waiver.
See Criminal Law.
See Grand Jury.
2.-Will lie against town board of audit to compel spe-
cific examination of claim. People ex rel. Thurston
4.-Carrier of goods; stoppage in transitu. Ex parte Falk;
10.-Liability for loss of cargo; deviation from course to
save property. Scaramanga v. Stamp (Eng. App.).. 359
8.- Validity of foreign : proof of handwriting; proof
of foreign law ; presumptions; evidence. Hynes v.
2.-- Deed by;
cannot be contradicted by parol. Ætna
formed in husband's family. Mason v. Dunbar (Mich.
See Acknowledgment; Criminal Law; Statute of Lim-
7.-Real estate; change of form of indebtedness does
not discharge. Heirly v. Mattison (Iowa S. C.)..... 397
NATIONAL BANKS. Construction of Federal
statute; State court has jurisdiction in action against
of bank. Robinson y National Bank (N. Y. App.), 15
3.-Payment of debt by certified check; loss of check;
payment on forged indorsement; rights and liabili-
NEGOTIABLE INSTRUMENTS-Cont'd. PAGE.
of law. Brooklyn C. & N. R. R. Co. v. Nat'l Bank (U.
identity of maker falsely represented by payee.
ple ex rel. Campbell v. Campbell (N. Y. App.)........ 354
notice to client; equitable interest. Cave v. Cave
See Statutory Construction,
OFFICE AND OFFICER. Eligibility; removal of
disabilities after election and before entering on du-
posed welfare of children, the parents being on an
wealth ex rel. Drummond v. Ashton (Phila. Qr.
and frivolous. Becker v. Weisner (Buff. S. C.)....... 156
brought, irrelevant, etc, Storck v. Buffalo German
tory construction; certificate of probable cause.
charging arrest; opinion of court below cannot
control order. In re Nebenzahl (N. Y. App.). 114
error before exceptions signed no waiver; date of
term ; appeal. Phillips v. Ordway (U. S. S. C.) .... 56
not sufficient. Knapp, Rec., V. Roche (N. Y. App.). 454
be filed. Brooks v. Burlington & $. Ry. Co. (U.S.
sufficient to authorize. Belmont v. Coenen (N. Y.
be referred to for explanation; discretion of court
case.” Cox v Hillyer (Ga. S. C.)
See Executor ; Criminal Law ; Tender.
der and libel.
purely Burd Orphan Asylum v. School Dist.
creditor to induce him to join in compromise, not
recoverable back. Solinger v Earle (N. Y. App.).... 474
misdemeanor; right to return of securities deposited.
law right to a copy or abstract of entire records in
PARTIES. To suit to determine validity of will, per-
sons not in esse. McArthur v. Allen (U. S. C. c.,
third person; sub-partnership ; sub-partner not
liable as partner. Burnett v. Snyder (N. Y. App.)... 337
by agreement of dissolution; vesting one partner
firm in name of single member. Yorkshire Bkg. Co.
Act, 1851, 8 11 ; arbitration clause; order of reference.
creditor may erect between firm and individual liabil-
creditor may hold both firm and individual partners;
V. SI th (R. I. S. C.)..
debt out of, by payment. Goodwin v. Parton (Eng.
tion liable for infringement. Munson v. Mayor
against purchasers from other manufacturers; when
RAILROADS. Action lies to compel construction
of farm crossing. Jones v. Seligman, Trustee (N. Y.
of leased road liable for cattle killed by failure to
fence, Fontain v. Southern P. R. R. Co. (Cal. S. C.), 57
company pot liable for injury to adjoining property.
nent Domain; Franchise ; Injunction; Jurisdiction ;
Municipal Corporations; Negligence.
highway; right of way not. Walton v. Wray (Iowa
v. Indianapolis & L. F. R. R. Co. (U. S. C. C., Ohio).. 216
enant of corporation to pay rent. People v. Nat'l
Snow v Winslow (Iowa S. C.).
take possession upon default, receiver may be ap-
prejudice mortgagee. Sinclair v. Slawson (Mich.
unauthorized discharge by assignor after assign-
surety's land under mortgage sale. Hassey v. Wilke,
lie to compel restoration to membership. State ex
rel. Soares v. Hebrew Congregation (La. S. C.). 483
ing to, from State to Federal courts, does not pro-
hearing. Jifkins v. Sweetser (U.S. S. C.).... 516
citizenship of the parties cannot be controverted.
See Criminal Law, Jurisdiction.
party bringing about entitled to. Austrian case... 422
See Husband and Wife.
by land of grantor, when not allowable. Mayor v.
necessary age. Pennsylvania Coal Co. v. Sanderson
pensation for appropriation ; eminent domain. City
SEDUCTION. See Evidence.
also an editor of a newspaper, cannot be summarily
charged; evidence of repetition of words admissible
known to defendant not provable. Hatfield v.
public officer. Hamilton v. Eno (N. Y. App.)..... 196
by naval officer on resignation of plaintiff. Maurice
ment to purchase subject to, not agreement to
can only be avoided by parties to; marine insurance:
contract. Providenco Christian Union v. Elliott (R.
notice of arbitration, when unnecessary. Morton v.
ment of debt to person other than creditor. Din-
Merchants' Nat. Bank of Baltimore y. First Nat.
has no funds with drawee. Brush v. Barrett (N. Y.
commencement of the action in which it is pleaded.
struction; old Code, 8 101; new Code, 88 381, 414; Laws
of interest not evidence of demand. Brown v.
controlling general – majority of official board act
ch. 741; 1851, ch. 479. Acker v. Acker (N. Y. App.).. 35
follow State courts as to State statutes Mohr v.
(Eng: Q. B. D.)......
tice ; Railroads.
debts between members. Ex parte Grant; Re Plum-
by unreasonable and indirect route. Davis v. Somer-
ing contract to sell real estate from vendee as secu-
rity ; Statute of Frauds. Roe v. Barker (N. Y. App.), 495
SABBATH BREAKING. See Criminal Law.
opening; intervention of third person. Blackburn
delivered; death of horse before sale became abso-
when part delivery gives right of action. 'Avery v.
fraudulent purchaser good delivery. Old Dominion
from fraudulent purchaser good delivery. Old Do-
ute of Frauds.
trustees. Hun, Rec'r, v. Cary (N. Y. App.).... 329
solvency; special deposits. Stocton, Att’y-Gen.,