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JUSTICES' COURTS.-- Code, & 1303, inapplicable
to appeals from. Roberts v. Davids (N. Y. Sup.).... 60
not ground for challenge for cause. Un. Gold Min.
Co. V. Rocky Mt. Nat. Bank (U.S. Sup.).............. 108
Circuit Court has not jurisdiction irrespective of
eral cannot enjoin action in State court. City of
ferent States ; foreclosure of mortgage ; joinder
of parties. Omaha Hotel Co. v. Wade (U. S. Sup.). 161
service or appearance invalid, except as to property
not give jurisdiction. Pennoyer v. Neff (U, S. Sup.) 161
court can examine grounds of government inter-
Levinson v. Oc. St. Nay, Co. (U. S. Circ.) (in full.).. 285
when he has exclusive jurisdiction : general drain-
age law of New York. In re Ryers (Ct. App., N. Y.) 333
stipulation under State law authorizing agent to re-
properly refused by treasury officers. United States
v. Kaufman (U. S. Sup.).....
penalty; set off. Hade v. McVay (Sup., Ohio) (in full). 410
corporations. Ex parte Shollenberger (V. S. Sup.)
ruptcy. Kidder v. llorribin (Ct. App., N. Y.).... 433
ties invalid. State v. Armington (Sup., Minn.) (in
See Bankruptcy, 80-89.
must keep leased property safe for persons using it.
ment of, raises presumption of grant of. Angus v.
of leased premises after eviction liable for rent.
tenant does not bar action against former tenant
agreement to reduce rent does not constitute new
formance of covenant on his part ; estoppel and
lord and tenant. Bidwell v. Evans (Sup., Pa ).. 513
actionable. Lanning v. Christy (Sup., Ohio) (N. C.). 78
suffered sentence therefor, or received pardon.
newspaper without knowledge of proprietor; what
Queen v. Holbrook (Eng. Q. B. D.)..
LIBEL - Continued.
quiries is. Robshaw v. Smith (Eng. C. P. D.).. ... 472
because land-owner favors railroad; given may be
receipts has only, for charges on specific grain as to
not authorized to, cannot waive forfeiture from non-
need not be paid when due, or that insured will be
is waived. Mutual Life Ins. Co. v. French (Sup.,
as to place of payment does not cause. New York
Life Ins. Co. v. Eggleston (U. S. Sup.) (in full.)... 388
insane. Conn. Mut. Life Ins. Co. v. Groom (Sup.,
construction of policy, cancellation. Chase v.
Phenix Mutual Life Ins. Co. (Sup., Me.)...
of wife, not valid without consent of wife. Still-
rifice of, of interests of insured. Dongan v. Mutual
Benefit Life Insurance Co. (Ct. App., Md.) (N, C.).. 459
sist on conditions forfeiting policy; tender of pre-
October, that insured is in good health, is not a con-
be deducted from amount of policy. Brooklyn Life
surrendered inures to party entitled to benefit of
old ones. Barry v. Brune (Ct. App., N. Y.)..... 30
States, tender of premium to agent in confederate
one wrongfully killing insured person, Mobile
Life Insurance Co. v. Brame (U. S. Sup.) (in full)... 84
"smells bad," etc. Cottrill v. Cramer (Sup., Wis.). 251
where complaint is dismissed, privileged U sell v.
authority by one without notice, valid. South. Life
does not affect former grants. State v. Miller,
but may not authorize opening sealed packages for
evidence. Matter of Jackson (U. S. Sup.) (in full).. 448
to appeal from canal board may be compelled by.
reputation enough. Procter v. Bigelow (Sup., Mich.)
parties when invalid is made elsewhere. Sottomayer
on a promise to repay money advanced to aid
between ships of same owner gives underwriters no
by vessel owner is maritime and enforceable in rem.
bute toward life salvage. The Specie ex Sarpedon
way of vessels at anchor. Steamtug Ehrman v.
sation, except there is inevitable accident. Steam-
ments of seamen. U. 3. R. S., 8 4511. United States
ment of boat. Carpenter v. East. Tr. Co. (Ct. App.,
violation of statute requiring In re Eclipse (U. S.
as to compensation. Steamboat v. Redeout (U. S.
foreign vessels. Levinson v. Oc. St. Nay. Co. (U.S.
captain trading independently and rendering a
share o profits. Steel v. Lester (Eng. C. P. D.)..... 351
rule as to negligence applied. Lord' v. Hazeltone
as ship; discharge of loan if utter loss of vessel
to compensatory but not punitory damages for un-
that machinery is not safe precludes employee from
Town of Pierpont v. Loveless (Ct. App., N. Y.).. 191
ployees. colaborers so as relieve employers from lia-
to servant against master; ne not be employed in
L. V. Coal Co. v. Jones (Sup.,
for natural overflow of water. Fletcher v. Smith
recovery of money paid. Lambert v. Co. of Dixon
future indebtedness valid. Brown v. Kiefer (Ct.
words, not an assumption. Fish v. Tolman (Sup.,
sale under, must be followed strictly: sale on less
principal on punctual payment of interest; waiver.
MORTGAGE - Continued.
stated and lien preserved. French v. Stone (Sup.,
to mortgage. Saunders v. Dunman (Eng. Ch. D.).. 472
Third Nat. Bank v. Blake (Ct. App., N. Y.).. 511
that they were issued with authority and are valid.
not bind holder of bonds. United States v. Clark
purpose. Commissioners of Dodge v. Chandler (U.
thorize issue, and Legislature cannot afterward make
it valid. Barnes v. Lacon (Sup., Ill.). .
bonds not ; bona fide holder bound by recitals.
ity of town, invalid in every one's hands. County of
statute authorizing them, void in hands of any holder,
city has no right to alter it by ordinance. Addis v.
city; regulating standard of weights and measures.
City of Chicago v. Meker (Cook Co. Cr. Ct.) (N. C.)..... 79
land-owner, Čity of Marquette v. Cleary (Sup.,
and not of city, city not liable for neglect of duty.
public school building. Till v. City of Boston (Sup.,
delegated to agent. Birdsall v. Clark (Ct. App., N.
jury to one horse racing. McCarthy v. City of Port-
jury from escape of surface water from streets result-
safe, as matter of law; city negligent and liable for
saloons at 10 P. M Prest. of Platteville v. Bell (Sup.,
fires. Taintor y, City of Worcester (Sup., Mass.) (N.
manageable animals. Kennedy v. Mayor of N. Y.
one-tenth of capital' stock, recoverable ; estoppel.
Union Gold M. Co. v. Roch. M. Nat. Bk. (U. S. Sup.) 131
fer shares and directors cannot refuse to register trans-
ures not favored; usury will not be raised out of
arate property is not. Third Nat. Bk. v. Blake (Ct.
appropriate. Moore v. Jackson (2 Abb. N. C.) 211;
titled to action for. Blackwell v. 0. C. R. R. Co.
guests for negligence of servants in care of prop-
recovery on the ground of contributory negligence
more & Port. R. R. Co. v. Jones (Sup. Ct., U. 8.)... 16
negligence contributing to loss of property. East.
Transp. Line v. Hope (U. S. Sup.).
Griffey (Sup., Pa.)
road track question for jury. Dolan v. Del. & Hud.
railroad, contributory negligence. Chi. R. I. & P.
child six years old with older one across railroad
tributory negligence no defense. Matthews v. War-
a caboose car. Creed v. Penna. R. R. Co. (Sup., Pa.)
danger is not; exercising reasonable prudence is
ively fenced is. Dayt. & M. R. R. Co. v. Miama
where killing is in self-defense. March v. Walker
from stove; evidence of. Briggs v. New York Cent.,
case. Jackson v. Metropolitan Railway Co. (H. L.)
consequence of act caused by third person. Clark
V. Chainbers (Eng. Q. B. D.) (N. C.) 458 ; (in full).... 505
official duty. Brennan v. Guard of Limerick (Ir. Q.
at street crossing, is negligence. Dolan v. Del. &
of speed is; through towns faster than legal rate is;
A. R. R. Co. v. Becker (Sup. Ill.)
without notice is; passenger attempting to leave
v. Delaware, etc., R. R. Co. (Ct. App., N. Y.)..
gerous stairway in station. Beard v. Conn. & P. R.
not contributory. Weston v. N. Y. E. R. R. Co. (Ct.
senger not. Maddox v. L. C. & D. Ry. Co. (Eng. c.
liable for negligent acts rendering city responsible ;
water works. Butler v. City of Bangor (Sup., Me.)
452 ; see, also, City of Erie v. Caulkins (Sup., Pa.). 435
Safe Deposit Co. v. Pollock (Sup., Pa.) (in full). 288
by pieces of; taken while grazing, gives right of
action. Ferth v. Bowling Iron Co. (Eng. C. P. D.).. 256
damages caused by negligent user of; artificial
man v. N. E. Ry. Co. (Eng. Ct. App.) (in full)... 469
and Servant; Municipal Corporations; Prorimate and
made by indorser with maker ; not admissible to
holder. Brown v. Spofford (U. S. Sup.) (in full). .... 31
acceptor dishonoring. Re Gen. So. Am. Co., etc.
put transferee in inquiry; what sufficient to relieve
dorsement of payee does not authorize payment; cus-
dishonored paper, so as to let in defense against bona
thorities preventing presentment for payment does not
release indorser. Pier v. Heinrichshofen (Sup., Mo.)., 315
Hersey v. Elliot (Sup., Me.) (N. C.)..
dent debt not. Potts Meyer (Ct. App., N, Y. ). 475
change ; Indorsement; Promissory Note; Suretyship, 14.
** conduct unbecoming an officer;"' title to office. Peo-
terated milk, held valid. Kolinsky v. People (Ct. App.,
allowed. People v. Fire Com’rs (Ct. App., N. Y.)..... 434
by increase of machinery entitles to injunction.
ing owners; rule of damages. Givens v. Van Studde-
duties imposed by law, no justification. Attorney-Gen-
indictment. Regina v. Bradlaugh (Eng. Ct. App.)... 312
from date of appointment. Atty.-General v. Love (Ct.
tenance of infant by volunteer. Tincray v Tincray
gagor, is not. City of Alexandria v. Fairfax (U. S.
tiff will not lie; trust ; specific performance." Bis-
152-154. Scofield v. Dosher (Ct. App., N. Y.).. 415
ponannt for torn menanamnet ha in naman tan
other's torts in partnership business. But partner sell-
tion by copartner. Schwabacker v. Riddle (Sup., III.) 92
vidual partner's indebtedness. Cotzhausen v. Judd
debt, does not hold firm property. Staats v. Bris-
lender to share in profit. Ex parte Delhasse (Eng.
recoverable back. Bloodgett v. Sleeper (Sup., Me.) 413
withstanding agreement between partners and that
violates law against fictitious firms. Wood v. Erie
notes given for patent rights to state that fact, un-
Wis.) 332; and contra, Haskell v. Jones (Sup., Pa.)... 267
debt if accepted discharges debt; claim against gov-
erament. Baird v. United States (U. S. Sup.).... 233
then dissolved by death for valid old note of firm
withstanding stipulation to the contrary. Kasson
delictu are not. Gibson v. Gibson (Sup., Wis.) ..... 38
collaterally. County of Macon y. Shores (U. S.
cient. Sheridan v. Jackson (Ct. App., N. Y.). 191
of dismissal. Thornton v. St. P. & Ch. Ry. Co.
erned by requirement assimilating practice to that of
necessary Bastable v. City of Syracuse (Ct. App.,
under $574 discretional and not appealable. Spears
dissolution. Sturgis v. Vanderbilt (Ct. App., N.
affirmative relief. McPherson v. Cox (U. S. Sup.). 373
judgment ; irregularity. White v. Bogart (Ct. App.,
in complaint when not available. Riddell v. N. Y.
Costs ; Receiver ; Reference; Removal of Cause ; Trial.
intruder on lands of another. Atherton v. Fowler
on: payment; agency. Howe Machine Co. v. Simler
railroad collision, caused by an engineer's failure
gine sparks not too remote. Houston, etc., Á. R.
by negligence not too remote. Riddell v. N. Y. C.,
tervention of another. Clark v. Chambers (Eng. Q.
control of government; patent improperly granted
interior. Moore v. Robbins (U. 8. Sup.). ..... 432
enforced; agreement as to pardon of accomplice tes-
tifying. Wight v. Rindskopf (Sup., Wis.)...... 211
of land without right liable in trespass; rule of dam-
ages. Blesch v. C. & N. W. Ry. Co. (Sup., Wis.). .. 38
safe; icy platform. Weston v. N. Y. E. R. R. Co.
land-owner under same duty to keep. Dayton & M.
See Constitutional Law, 40, 41.
mine cannot take coal from mine not opened. West
receiver from obstructing public street and enforce
against citizen of court's own State. Bagley v. At-
faith and without notice. Wells v. Ross (Ct. App.,
sale of lunatic's estate. Matter of Valentine (Ct.
invalidates; evidence of. Jordan v. Volkenning
lands held adversely. Christie v. Gage (Ct. App.,
bill among defendants will not prevent. Tarver v.
depend on construction of law or Constitution of
ual gives no right to remove to Federal courts. Pe-
its officers may sign and verify the necessary papers
against plaintiff not repleviable. T. & L. R. R. Co.
in contract necessary to be performed by blasting,
principal liable. City of Joliet v.Harwood (Sup.,111.) 172
employer liable for his negligence. Harrison v. Col-
close trade secret not in. Hoag v. Darley (Eng. Ch.
strict construction. Lilianthal v. United States
tide is not a public right and owner of adjoining
(Eng. H. L.)..
loss; evidence of negligence. Safe D. Co. v. Pollock
facts will support claims for false representation ;
cargo to arrive. Schroeder v. Mendl (Eng. Ct. App.) 37
without vendee taking manual possession; manual
ner v. McClelland (Sup., II.)..
warehouse books. Grice v. Richardson (Eng. P. C.). 192
W.S. Plate Co. v. Green (Ct. App., N. Y.).. 254
lease does not alter contract. Greer v. Church (Ct.
App., Ky.) (N. C.).......
sanctioning such contracts not unreasonable. Ex
parte Singer S. M. Co. (Ir. Ct. B’kruptcy,) (V. C.).... 399
vendor not allowed for discoverable defect. Manson v.
tion; service on Virginia municipal corporation. City
defects in affidavit do not invalidate collaterally.
manner of. Levinson v. Oc. St. Nav. Co. (U. S. Circ.)
actions. Hade v. McVay (Sup., Ohio) (in full.). 410
not against note. W, Sav. Bk. V. Jackson (Sup., Me.) 452
State, lien law; lien on boat not imposed by personal
in deed of land contracted to be conveyed exists, per-
to underlet, etc.; when grantee has; re-entry; merger;
reversion. 'Hyde v. Warden (Eng. Ct. App.).. 291
the party to be charged. The recognition of the agree.
STATUTE OF FRAUDS-Continued.
complete and practical agreement; part perform-
evidence required to take out of statute. Worth v.
within. Heidenheimer v. Johnston (Ct. App., Tex.) 114
to recover on quantum meruit. Towsley v. Moore
tract; void contract of sale not made valid by act
to be received is not. Justice v. Tallman (Sup.,
astatutory liability of another not within; consider-
by agent. Kebble v. Gough (Eng. Ct. App). 372
to be sold not void by. McPherson v. Cox (U. S.
signed by party to be charged only. Mason v
therefor were sold to defendant in New York, he
affirmatively appear so to avoid; variance by subse-
Johnson (U. S. Sup.)...
commercial agency as to credit is not. Sprague v.
principal on note prevents statute running as to
surety. Schendel v. Gales (Ct. App., Md.) (N. C.). 459
statute running. Keely v. Wright (Sup., Pa.)... 435
principal can; right of surety after payment.
death. Evans v. Cleveland (Ct. App., N. Y.).... 512
within one year after judgment of reversal by Ct.
Pennsylvania after 21 years. King v. Pardee (U. S
creditor; Statute of Illinois. Pratt v. Pratt (U. S.
ch. 517, People v. Wood (Ct. App., N Y).
pley Wood act. App: N. YA!
York and Brooklyn; license to enter and protect adjoin-
App., N, Y).
ing actions. Rood v. C. M. & St. P. R. R. Co. (Sup.,
render added territory taxable for debts previously
contracted. United States v. Memphis (U. S. Sup.).. 233
culating notes less than $i, non payable in goods, does