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NORTHPORT, LONG ISLAND, N. Y.

EDWARD THOMPSON COMPANY
LONDON: C. D. CAZENOVE AND SON, 26 HENRIEtta Street

1905

COPYRIGHT 1896, 1897, 1898,

BY

EDWARD THOMPSON COMPANY.

COPYRIGHT, 1905,

BY

EDWARD THOMPSON COMPANY.

All rights reserved.

HOW TO USE THE SUPPLEMENT.

THE titles of the articles and defined words and phrases are repeated in the order in which they are to be found in the AMERICAN AND ENGLISH ENCYCLOPÆDIA OF LAW, Second Edition. At the top of each page are given the name of the subject and the pages thereof which are supplemented by reference to and statement of the late cases. Thus :

956-961

AGENCY.

Vol. I.

at the top of a page signifies that pages 956 to 961 of the article “Agency" in the first volume of the Second Edition are supplemented.

In both text and notes the catch lines which appear in the Second Edition are here repeated in connection with new cases, thereby denoting that such new cases support the statement of law made in the text or notes of the Second Edition under the corresponding catch line.

The large heavy-faced figures refer to the pages of the volume of the Second Edition. The smaller figure following the page number in the notes refers to the original note numbered by that same figure on that page. Thus, a note numbered 950. 2., with cases cited, indicates that those cases support the proposition to which the cases in note 2 on page 950 were cited.

In some instances the new cases have necessitated the writing of new text, and the fact that such text is new is indicated by inclosing it with brackets. In the notes great freedom has been indulged in stating new illustrations and applications.

The omission of a title that appeared in the Second Edition implies that no new cases on that subject have been found.

J21461

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1. 1. Used as an Equivalent of "The." See Wastl v. Montana Union R. Co., 24 Mont. 159. "A Marriage." — In an action for annulment of marriage it was contended that "a marriage," as used in Civ. Code Cal., § 82, providing that a marriage may be annulled for certain causes, meant only that for one of those causes a marriage ceremony may be annulled, but that, if a plaintiff admits the existence of marriage without the a, he cannot invoke the remedy provided by that section. The court said: "We see no such distinction in the code. Marriage means, generally, a certain existing relation or status, and a marriage can mean nothing more than this same status as existing between two particular persons." Linebaugh v. Linebaugh, 137 Cal. 26. "A Judge." —The adjective a, commonly called the "indefinite article," because it does not define any particular person or thing, is entirely too indefinite, when used in a state constitution providing that "the state shall be divided into convenient circuits, each circuit to be made up of contiguous counties, for each of which circuits a judge shall be elected," to define or limit the number of judges which the legislative wisdom may provide for the judicial circuits of the state. State v. Martin, 60 Ark. 343.

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2. Abandonment of Goods in Bonded Warehouse. – Anglo-California Bank v. Secretary of Treasury, (C. C. A.) 76 Fed. Rep. 749.

2. 1. Barnett v. Dickinson, 93 Md. 267, quoting I AM. AND ENG. ENCYC. OF LAW (2d ed.) 1, 2; Canton Co. v. Baltimore, etc., R. Co., 99 Md. 202; Cassell v. Crothers, 193 Pa. St. 363, quoting I AM. AND ENG. ENCYC. of Law (2d ed.) 1, 2; Scott v. Moore, 98 Va. 687, citing I AM. AND ENG. ENCYC. OF LAW (2d ed.) 1, 2. See also Nichols v. Lantz, 9 Colo. App. 1; Hough v. Brown, 104 Mich. 113; Merchants' Nat. Bank v. Greenhood, 16 Mont. 395.

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