States marshal, if its value is below the jurisdiction limit of the Federal court and within that of the justice. Carew v. Matthews (Mich. S. C.).... RESULTING TRUST. Action to enforce. Unde- wood v. Sutcliff (N.Y. App.)... RIGHT OF WAY. When a grantor conveys land bounded on a street or way over his other land, he and those claiming under him are estopped to deny the existence of such way. Franklin Ins. Co. v. Cousens (Mass. S. C.)...... 2.-Vendor selling land, with appurtenances, in a street, joined at each end by roads, also his property, may elect over which road vendee may have right of way. Bolton v. School Board of London (Eng. App.) 197 RIPARIAN RIGHTS are real estate for purposes of taxation. Minnesota v. Minneapolis M. Co. (Minn. S. C.)...... 2.-Grant by State of exclusive right to construct booms on stream; precedence of public right over private exercise of private right. Cohn v. Wasson Boom Co. (Wis. S. C.) 3.-Owner has a right to natural flow of water past his land, and any interference by a private person, to such owner's injury is a wrong for which such owner is entitled to an injunction. Morrill v. St. Anthony's Falls Water P. Co. (Minn. S. C.)..... 4.-Legal title of seashore and tide-flowed land although in sovereign is not for his exclusive use and profit, but in trust for common benefit of the public. Prov- idence Steam E. Co. v. Providence & S. S. Co. (R. I. S. C.)
5.-Riparian owners have a right to reasonable use of water. Bullard v. Saratoga Victory Mfg. Co. (N. Y. App.)
6.-Sea-bank; right of owner to destroy natural barrier. Prerogative of the crown. Attorney-General v. Tomline (Eng. Ch. D.).....
See Vendor and Purchaser.
STATUTE OF FRAUDS - Continued.
2.-Burden of proof is on plaintiff to show that the statute has not run. Capen v. Woodrow (Vt. S. C.), 837 3.-Where coverture is relied on to save an action from the bar of, the marriage may be shown by proof of cohabitation as husband and wife. Lawrence R. R. Co. v. Cobb (Ohio S. C.) 4.-Where a principal and surety on a note go to holder to make a payment, and the principal makes a pay- ment with his own money, the statute is avoided as to both. Mainzinger v. Mohr (Mich. S. C.)... 5.-To take a case out of the statute no express promise to pay is necessary so long as a promise may be im- plied from the acknowledgment of a present Indebtedness. Fiske v. Hibbard (N. Y. Superior)... 76 6. A partner must be presumed, in the absence of proof to the contrary, to have authority to make a payment on account of a debt due by the firm, so as to take the debt out of the operation of the statute of limitatious as against the other. Goodwin v. 357 Parton (Eng. Q. B D.)..
7.-Mortgagor's right of redemption is extinguished at end of twenty years, and surplus proceeds resulting from sale are also extinguished. Chapman v. Corpe (Eng. Ch. D.)..........
8.-Proceedings to correct mistakes and irregularities in obtaining judgment, are not applicable in a case against a party of whom no personal judgment is asked. Shelly v. Smith (Iowa S. C.).....
See Practice; Statute of Frauds. STATUTORY CONSTRUCTION. Statutes of Alabama; negotiable instruments; bills of exchange; Federal construction of commercial law; bona fide holder; illegal consideration; usury; National bank. Oates v. First Nat. Bank (U. S. S. C.). 2.-Municipal corporations not liable for taxes on gas furnished free. Pittsburgh Gas Co. v. Pittsburgh.. 474 3. Railroads, grants to, by Congress subject to prior and acquired rights. Broder v. Natoma W. & M. Co. (U. S. S. C.).... 4.-State courts followed in construing State legisla- tion; conflict of decision. Fairfield v. Gallatin Co 5. When statutes conflict, the ascertained intention must govern. People ex rel. Walsh v. Police Com- missioners of New York (N. Y. App.) 6.-Laws 1849, ch. 125; 1850, ch. 102; Brooklyn justices have local jurisdiction only; Constitutional law. Geraty v. Ried (N. Y. App.)..
SEDUCTION. Father may maintain action for, of daughter not living with him; damages. Blagge v. Ilsley (Mass. S. C.).....
SLANDER AND LIBEL Libel; what is not libellous. Platto v. Geilfass (Wis. S. C.) 2.-Charge of official dishonesty, libellous per se. Evis- ton v. Cramer (Wis. S. C.)... 3.-Communication transmitted by means of a postal card, not privileged. Robinson v. Jones (Irish High Ct.) 4.-Evidence is admissible, in an action of slander for the use of words apparently actionable per se, to show that the words were spoken in relation to a subject of which a felony or other infamous offense could not be predicated. Fawsett v. Clark (Md. App.) 371 5.-Proceedings of church organizations privileged. Shurtleff v. Stevens (Vt. S. C.).
See Criminal Law; Evidence.
SPECIFIC PERFORMANCE. Not decreed when obligation of parties not mutual. Maynard v. Brown (Mich. S. C.)..... STATUTE OF DISTRIBUTION. First cousins of an intestate being his only surviving relatives and next of kin, such cousins would take intestate's entire personal estate, and children of a deceased first cousin would not share. Adee v. Campbell (N. Y. App.)...........
STATUTE OF FRAUDS. Does not apply to ac- ceptances. Laflin, etc., Powd. Co. v. Sinsheimer (Md. App.)...
See Corporations; Evidence; Insurance (Life); Stat- ute of Frauds; Statute of Limitations. SUBROGATION. See Partnership. SUCCESSION. When a party adopts the children of his deceased daughter, upon his death they are entitled to inherit as adopted children and as heirs of their mother. Wagner v. Varner (Iowa S. C.).... 52 SUNDAY. Contract made on, void. Stevena v. Wood (Mass. S. C.)..... 317
4.-Surety signing on condition not complied with not liable. Daniels v. Gower (Iowa S. C.). 5.-Discharge of, by laches of obligee: failure to inform surety of default of principal. Richmond & Peters burg R. R. Co. v. Kasey (Va. App.)
6.-Surety liable only according to terms of bond. White S. M. Co. v. Mullins (Mich, S. C.)..
2.-The statute of frauds is a weapon of defense, not offense. Hussey v. Horne-Payne (Eng. H. of L.)... 238 3. A contract for the sale of growing fruit, the vendor to pick and deliver fruit in barrels to be furnished by vendee, at a certain price per barrel, is not an in- terest in the land within the statute. Brown v. Stanclift (Buffalo Sup. Ct.)....... 4.-Contract not to carry on business prima facie within the statute. Davey v. Shannon (Eng. Ex. Div.).. 98, 197 5.-Contract contained in letters; effect of whole transaction; complete contract. Hussey v. Horne- Payne (Eng. H. of L.).
TAXATION. Act imposing, upon gross receipts of persons conducting "any theater, musical entertain- ment, feats of horsemanship," etc., does not author- ize a tax upon an incorporated public driving park, used for horse racing. United States v. Buffalo Park (U. S. D. C.. N. D. Ñ. Y.)... 2. An institution for the support and education of or- phan children of a distinct denomination of Chris- tians, is not such a purely public charity as to be ex- empt from taxation within the spirit of Constitu- tion. Burd Orphan Asylum v. School District (Penn. S. C.)..... 3.-When Federal court may not restrain State tax- ation. Kirtland v. Hotchkiss (S. C. U. S.)... 4.-Property of United States exempt from, though leased; lessee may object to tax. People ex rel. McCrea v. United States (Ill. S. C.).. 5.-Land belonging to petitioners and used by them for charitable purposes is exempt from taxation. Power of county court to order refunding of a tax illegally assessed. In re Petition of New York Catholic Pro- tectory (N. Y. App.)...
6.-Duty of mortgagor to pay. Dayton v. Rice (Iowa S. C.) 7.-Equalization by State assessors. People ex rel. Supervisors of Westchester Co. v. Hadley (N. Y. App.)..
See Contract; Constitutional Law; National Banks; Riparian Rights; Statutory Construction. TEMPORARY RESIDENT. See Costs. TENANCY. When a tenant in common of chattels destroys them or converts them to his own use, an action of tort in the nature of trover may by his co- tenants be maintained against him. Needham v. Hill (Mass. S. C.)..
See Husband and Wife; Will.
TENDER. A tender of money payable as a compo- sition on a sum due to a solicitor for costs, to a clerk in chargeof office during solicitor's absence, is valid. Finch v. Boning (C. P. D.)..
TIME. Computation of; when day of notice excluded. Dale v. Doddridge (Neb. S C.)..... TITLE to government land; priority between railroad company and settler. Knevals v. Hyde (U. S. C. C., Neb.)..
ULTRA VIRES. See Corporations. USER. See Nuisance.
USURY. Defense of; the right to defend is personal to debtor or his privies, and not available to one standing in position of second mortgagee. Ready v. Koebke (Wis. S. C.).... 3, 49, 215 2.-Taken by agent for himself, does not affect princi- pal. Bingham v. Myers (Iowa S. C.).... 3. Right of action to recover money paid as usury, is personal to the contracting party. Spaulding v. Davis (Vt. S. C.)..
4.-Does not affect notes given by new partner for notes tainted with. Macungie Sav. Bank v. Holten- stein (Penn S. C.)....
When note tainted by, valid in hands of innocent holder. Wortendyke v. Meehan (Neb. S. C.)... Taking unlawful interest for forbearance is. Mc- Adams v. Randolph (N. J. S. C.).
See Conflict of Laws; Statutory Construction; Surety- ship.
3.-Exact imitation not required to make infringement. Consolidated Fruit Jar Co. v. Thomas (U. §. C C., N. J.)
4.-Legislation of Congress in regard to trade-marks, contained in the act of July 8, 1870, sections 74-84, and embodied in U. S. Rev. Stat., sections 4937-4947, is unconstitutional. United States v. Steffens (S. C. U. S.).
TREATY. See Injunction. TRESPASS. Defendant's dog, while trespassing on plaintiff's land, killed his cow. Held, that owner of dog was liable for damages, although he had no pre- vious knowledge of the dog's vicious propensity. Chunot v. Larson (Wis. S. C.)... 2.-Continuing; measure of damages. Carl v. Sheboy- gan & F. D. L. R. R. Co. (Wis. S. C.)... See Damages; Lease.
TRIAL. Not within privilege of counsel in argument to jury, to use language calculated to humiliate and degrade opposite party. Coble v. Coble (N. C. S. C.).. 363 2. It is error sufficient to reverse a judgment, for counsel, against objection, to state facts pertinent to the issue, and not in evidence, or to assume such facts to be in the case when they are not. Brown v. Swineford (Wis. S. C.). 363 3.-Under what conditions new trial for insufficient damages may be granted. Phillips v. South W. Ry. Co. (ng. App.).... See Criminal Law.
See Covenant; Eminent Domain; Insurance (Fire); Neg- ligence; Negotiable Instruments. WARRANTY. Goods ordered of a manufacturer for a particular use, are impliedly warranted fit for that purpose, but the manufacturer is not bound to furnish the best goods, but only such as are reason- ably fit for the purpose. Harris v. Waite (Vt. S. C.).. 497 2.-Rule of damages in a breach of, on a sale of seed, is the difference in value between crop actually raised from seed sown, and a crop of same kind such as would have ordinarily been produced that year. White v. Miller (N. Y. App.)..... 3.-Measure of damages for breach of. Horn v. Buck (Md. App.)....
See Agency; Insurance (Fire); Insurance (Life). WHARFAGE. Wharfage cannot be collected from a vessel fastened to an adjacent pier, although it oc- cupies the greater part of the intervening slip. Walsh v. N. Y. Floating Dry Dock Co. (N. Y. Äpp.).. 118 WIDOW. The statutory right of a widow to elect not to take under her husband's will is purely per- sonal. Crozier's Appeal (Penn. S. C.)... WILL. Construction; legal heirs Residuary legatee. In re Goods of Dixon (Eng. P. D.)... 2.--Construction of; time of vesting; tenants in com- mon or joint tenants. Crosthwaite v. Dean (Eng. Ch. Div.)
3. The administrator (with will annexed) of the estate of a married woman does not as such represent an estate of which she was executrix. In re Goods of Bridger (Eng. P. D.)... 179 4. The non-recollection of the witnesses does not re- but the presumption of due publication arising from the attestation clause and the other circumstances. The due execution of a codicil restores the will so far as it is not changed by the codicil. Brown v. Clark (N. Y. App.). 135
WILL -Continued. 5.-Where the will of one domiciled in Mexico is pro- bated by the use of a Spanish translation the grant in England must be made upon the production of an English copy of the Spanish translation. In re Goods of Rule (Eng. P. D.)...
6. Construction; devise to trustees; express trusts. Donovan v. Vandemark (N. Y. App.). 7.-Signing by a testator in an adjoining room to where witnesses were, is not a compliance with the statute. Mandeville v. Parks (N. J. C. of E.)... 8.-"Without having any issue" construed "having had no issue." White v. Hight (Eng. Ch. Div.)
« AnteriorContinuar » |