Dec 14 THE CHICAGO LAW JOURNAL, VOL. VI. CONTAINING DIGESTS OF OVER FOUR HUNDRED LEADING CASES ADJUCATED COURTS, AND IN THE SEVERAL STATE COURTS OF LAST RESORT. January 1, 1885, to January 1, 1886. I. S. WACHOB, CHICAGO: EDITOR. CHICAGO LAW PUBLISHING COMPANY, PUBLISHERS, 1886. Action to quiet title-Tax deed-Service by publication Administration-Administrator De bonis non-Lost Administ ator-Final settlement is conclusive adjudi cation.... Administrator-Fraudulent sale of Land-Liability for Agreement between Husband and Wife waiving right Amerciment of sheriff-Negligence in official duty. Amicable Parution-Deed of wifes property by mis- take made to husband and wife... Appeal Bond-Insufficiency of-Renewal.. Argument of Counsel-Im ropep comments by Objection must be mad at the time.. Assignment for benefit of creditors... Assignment for benefit of creditors-Appraisment- Book accounts sold for less than a praised value Asignment of dower-Jurisdiction of the county court Attachment-Personal service-Conversion.. Attachment-Kedelivery bond-Estopped from claim Attachment-Sufficiency of affidavit-Amending. ulent transfer. Cilent-... Attorney-at-Law-Disbarment-Former conviction of Crime.. Attorney and Client-Lien of Attorney for Funds Attorney and Client-Presumption against Attorney- Attorne's fees-Stipulation in promissory note-tender Attorney-Not permitted to purchase a claim for Auctioneer-Sale without disclosing owner's name- Liability of, when goods are replevied. Bank-Holding a Customers check some d ys and then Protesting-Liablity to payee... Bankrupt Fraudulent contract with Creditor... Bankruptcy-Legal tit e to real estate in Bankrut and 333 Chancery-Proof required to set up lost deed.. Chattel Mortgage-Change of possession-Atta hing Chattel Mortgage-Chattle consisting of provisions to Chattle Mortgage-Insurance money-Rights os Mort- Chattel Mortgage-Issue of Cows under mortgage Chatte: Mortgage-Lega title in Mortgagee-Recovery Chattel Mortgage-Sufficiency of description-After acquired property-Pro er y must be in existence at the time mortgage is made.... Chattel Mortgage-Right of Mortgagee to take Posses- s on when he feels "Unsafe or Lost cure". City treasuser-Official bond-Liability of bondsmen City ordinance-Franchise to lay pipes in street-For- feiture postponed by le al procedings. Common carrier-Connecting r ads-Liability for loss. Common carrier-Consignre-Rights of parties... Common carriers-Duty to Passengers-Duty to re- move from the car a passenger who becoms sick Common carrier-Injury to passenger in boarding a Constitutional Law-legal fees taxed-Recovery of Construction of Siaute-Force of contemporaneous Construction of Statute-Impounding for animals- Contempt-Power of legi-lature to panish for.. Contested Election-Ballots as evidence-Ballots in hands of one of the contestants.. Continuance-Taxation of Costs. 305 Continuance-Orde made on a legal Holiday. Contract on public works-Liability of state for less of Contract-Sale and delivery of Brick-Breach of Contract-Delivery of Goods in instalments-Default, Contribut ry negligence-Chi'd of tender years. 329 Contributory negligence-Questi n for the jury. Conveyance of real estate-Oral contract-Mortgage in exces of real debt-A badge of fraud. Conveyance-Consideration, Love and affection-Re- conveyance without any formal consideration. Conveyance granting right of way-Not a grant in fee Contract to pay increase of interest in case of default Contract between Parent and Child-Will. 965 342 341 341 335 335 Gambling Contracts-No intention to deliver Goods Sold-Note given for margins-Void., 331 Guaranty-Collection of Debt-Liability of Guarantor Garnishment-Debtor and Creditor living in one State and the Garnishee in another.. Garnishment-Judgment against Garnishee without 328 Service on the Debtor..... 341 Garnishment-Check drawn before service of att ich- ment-Ch ck made and delivered works and 800 Goods fraudule lyjobtained-Bona fide Purc: aser- Hay Scales a Fixture-Cannot be Transfered as Per- Homestead-Its measure and oxtent as to Tract of Land-Nature of interest in which the right may exist-Application of surplus money arising from Homestead-Contract to Convey by Husband without Homestead-Adopting of minor Child-Head of Family Highway-Dedi ation of Land-What constitutes a 368 368 Fire Insurance-Deceit by Agent and inserting false 367 322 Homestead-Absolutely Deed construed as a Mortgage Instru tion-Railraods-Defective Fence. 51 Imprisonement for debt-B stardy procedings-Judg- & Nuisance..... Homestead-Wife may maintain an action for in her Individual name-Husband or wife cannot claim Homestead-Part of Building used for Business Husband and Wife-Mortgage becomes v sted right.. Inquest-Jury Fees-When more than one Dead Body Insurance Company--Securities Deposited with Imparing the obligations of a Contract-Charter of a Insolvent Bank-Re eiving Deposit just before clo ing Deed. Insurance-Forfeiture-Notice of dues---Witness tes- 342 Illegal Arres-An Escaping Debtor arrested without 333 Indemnity Bond-Liability of Bondsmen-Demication Aocurried after the expiretion of Term... 338 Judgement-Creates no lien on property in hands of 108 Receiver... Judgement by confession entry by Clerk not a Judical Jurisdiction-Power of Supreme Court to Municipal corporation-estopped from denying plans and specifications made by a proper officer of the Murder-Epileptic mania as a defence-Expert testi- Municipal corporations-Defective sidewalk.... Municipal corporations-Sale of bonds-Commission Municipal Corporation-Defective sidewalk Municipal Corporation-Right to employ an attorney al injury. fective bridge... Negligence-Fire caused by sparks from a locomotive Negligence--injury to a servant by negligence of fellow Neg igence-A question for the jury-instruction.. Practice-By motion for verdict all that has been prov- 312 Practice-Liability of clerk-Statutory fee. Promissory note-Indorsement in a commercial sense Promissary note-Agreement to forbear-Estopped of Probate decree-Administration not necessarily dis- Presentat.on of claim against estate of decedent-Time Quality of goods to be delivered under a contract-Who Question for the jury-Defective highway. Practice Questions outside the pleadings.. Practice-Interval between returnday of summons and issue of alias-Statute of Limitations.. Practice-Payment of county surveyor-Order of court for payment of wrong funds-Remedy. Perjury-Indictment-Materiality of the false state- Practice-Improper remarks by counsel in argument sum than the debt-Fuaud.. Practice-Newly discovered evidence-Instruction. Principal and agent-nevocation-Subsequent sale. Promissory note-Amount due-Declaration Public officer-Pay for extra work. Practice-Stenographer's notes on first, used on second trial-Time allowed for argument.. Public Highway-Travel diverted by a washout-Liabil- Parent and child-Support of child-Equity Partition-Demurrer -Redundant irrelevant matter Partnership-Purchase of the profits of a partner-Lia- Practice-keviyor of actions-Limitation Railway crossing-Collision with wagon-Contributory Railroad companies-Condemnation proceedings.. Rights of wire to dower-Land conveyed on the day of Resulting trust---An action to enforce--Parties defen- Railroad company-Destruction of county bridge- Rights of junior mortgagce-Foreclosure of a senior Rights of railway passenger-Not entitled to stop over and subsequently use his ticket.... Railroad company-Occupying land for right of way, without condemnation-kight of way obtained from one having color of title only.. Railroad Company-Negligence of employe by which Riparian rights-Liversion of stream by two or more Railroad company-Obligation to fence track-Instruc- Railroad aid ax-Departure from original ronte sur- veyed--Fallure of the original company and a new Railroad Company-injury to live stock-Measure of Railroads-Contributory negligence-Kiding in a danger- Recording aced-Lien of Judgment attaches when deed Promissory Notes-Release of indorser-Guaranty... Public officers -Liability for and appointment of an Promissory note-Bill of particulars... Partnership-Closing up the business-Contract as be- Practice-Ejectment-Waiving right of appeal... Practice-Admitting improper evidence-Bill to quiet Practice-Pecuniary in ability to abate a nuisance.. Purchaser at judicial sale-Subsequent vacation of de- cree of sale-Purchaser's title good.. Promissory note-Material alteration-Intention-Com- Personal injuries-Employe of a contractor-Liability Real Estate-Forcibie ejectment of an intruder.. Kaliroads-Not required te fence their depot grounds. 872 Rallioad crossing-Contributory negligence. Leal estate-Contemporaneous instruments.. Kungs on former trial-Proof of instrument-Error.. Reasonable care-Contributory negligence... Reconveyance-Deed obtained by fraud.. Recission or contract under eal-Form of action.. Koad viewers-Reports made and disapproved and sub- 333 Stating the whole case in instructions-Liability of guardian for failure to provide for ward.... 338 Slander-Actionable words-Demurrer. Servant and fellow servant-Fersonal injury--Liability Statute of limitations-New promise-Fstoppel.. Sewer-Liability of property owners for construction.. 375 Statute of limitations-New promise to pay as soon Sale-Defense to note for purchase money.. Set on-Partnership debt of firm as against an action Sale on execution-Application of surplus proceeds gence.... Trusts to be executed after death-Uses and trusts..... Taxation-Warrant to collect with interest. Turnpike companies--Legal residence of a corporation Use of water for mill power-Injury-Injnnction......, Unrecorded mortgage-Sale of mortgaged lands. ment... Vendor and vendee-Sale of town lots-Dedication... Will-Life estate - Right to possession-Security quired of a donee of life estate. Entered at the Chicago Postoffice as Second-class Matter. VOL. VI. ST. LOUIS LAW SCHOOL. Law Department of Washington University, 1417 Lucas Place, St. Louis, Mo. FACULTY.-William G. Eliot, D.D., Chancellor of the University; William G. Hammond, LL.D., Dean of the Law Faculty; Henry Hitchcock, LL.D.; Samuel 1reat, LL.D., (United States District Judge, Eastern District of Missouri); George A. Madill, Chester H. Krum, Gustavus A. Finkeln burg, Allert Todd, George W. Cline. The advantage of a Law School located in a great city where courts are always in session, and legal business of every kind may daily be seen in actual practice, are obvious. No place in the West offers these advantages in so large measure as St. Louis. The Law School edifice is of three stories, situated on its own grounds, and is entirely devoted to the use of the Law School. The sixteenth annual term will open October 18, 1883. Full course, two annual terms, seven months each, excluding the two weeks recess for Christmas holidays. The Law Library belonging to the School consists of upwards of 3,000 volumes, and is open to the student throughout every day and evening except on Sunday. The School is open upon equal terms to students from all parts of the United States, and the course of instruction is intended to prepare them for practice in any State. The tuition fee is $80 per year, and is the only charge made by the School. Information as to prizes and scholarships will be found in the catalogues, for which apply to WILLIAM C. HAMMOND, LL.D., Dean. ALBERT VAN WACNER, (Formerly New York Bar.) No. 1 Plowden Building, Temple, LONDON, ENGLAND. Taking evidence upon COMMISSION A SPECIALTY, in any part of the kingdom. Also claims. etc., etc., attended to. References:-New York, Messrs. Arthur, Phelps Knevals & Ransom; Chicago, Judge Barnum, and Messrs. Dent & Black, C. B. VanShaack, Esq., and Wirt Dexter, Esq., et al. (Commercial Law.) KE CHICAGO, JANUARY, 1885. ERR & CARTER, (Commercial Law.) ATTORNEYS AND BARRISTERS ADDRESS OF CHICAGO LAWYERS. J. N. McDonald & Co., 41 and 42, 86 La Salle. W. L. Gillham, 46, 84 La Salle St. Herbert B. Johnson, 184 Dearborn St. Wolfred N. Low, 5 and 6, 159 Washington St. A. Brookings, 21, 156 Washington St. McClellan & Cummins, First National Bank Building. Dent, Black & Cratty Bros., 175 Dearborn St. Geo. W. W. Lytle, 24, 163 Washington St. Frank J. Crawford, 17 and 19, 180 Clark St. Geo. W. Cass, 74, 164 La Salle St. Jno. Barton Payne, 319 First National Bank Building. DeWitt C. Jones, 36, 164 La Salle St. NO. I. |
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