Equity has jurisdiction to compel an account-
ing by one having the legal title to property who
Of wife, acquisition of separate domicile, see agreed to hold it and account on the principles
"Domicile.'
Of liquor nuisance, see "Intoxicating Liquors."
Of nuisance, see "Nuisance."
Of rent, see "Rent."
Of taxes, see "Taxation."
ABATEMENT AND REVIVAL.
Waiver of limitations, see "Limitation of Ac-
tions."
Where, after decision rendered, but before
judgment entered, defendant dies, the action
abates.-Fox v. Hopkinson (R. I.) 824.
Under Pub. St. c. 204, § 14, an action against
a town officer as such is abated if his successor
is not summoned to defend within a year after
defendant ceases to hold the office.-Saunders
v. Pendleton (R. I.) 425.
Of witness as ground for new trial, see "New
Trial."
set out in the agreement.-Clark v. Clark (Pa.)
747.
ACCOUNT, ACTION ON.
A declaration on account annexed held to
allege the date of the contract and the price
of the article sold.-Milliken v. Waldron (Me.)
630.
Delivery and acceptance of the articles sold
need not be alleged.-Milliken v. Waldron (Me.)
630.
ACCOUNT STATED.
Statements between parties held not to con-
stitute an account stated.-Tully v. Felton (Pa.)
285.
A complaint held to sufficiently describe the
articles sold on which the account was based.
-Milliken v. Waldron (Me.) 630.
Presumption of death from absence, see Of debt barred by limitations, see "Limitation
Assessment for public improvements, see "Mu- Estoppel by, see "Estoppel."
nicipal Corporations."
In boundary, see "Boundaries.
ACCIDENT INSURANCE.
See "Insurance.”.
ACCORD AND SATISFACTION.
See, also, "Payment"; "Release."
Notes given by a husband to satisfy his
wife's note held a sufficient accord and satisfac-
tion.-Watson v. Tanner (R. I.) 715.
Accounting between partners, see "Partner-
ship."
between tenants in common, see "Tenancy
in Common."
by executor, see "Executors and Adminis-
trators."
by trustee, see "Trusts."
See, also, "Abatement and Revival"; "Dismiss-
al and Nonsuit"; "Limitation of Actions";
"Pleading"; "Trial."
Against agent, see "Principal and Agent."
foreign executor, see "Executors and Ad-
ministrators."
- gratuitous bailee, see "Bailment."
- railroad for personal injuries, see "Rail-
roads."
Between partners, see "Partnership."
Bill for discovery before trial, see
By foreign corporation, see "Corporations."
By member of beneficial association, see "Bene-
ficial Associations."
By or against municipal corporations, see "Mu-
nicipal Corporations."
For breach of covenant, see "Covenants."
For fraud, see "Fraud."
For injuries causing death, see "Death."
to passenger, see "Carriers."
to servant, see "Master and Servant."
For making false return, see "Sheriffs and Con-
stables.'
For price of goods sold, see "Sales."
For rent, see "Landlord and Tenant."
For separate maintenance of wife, see "Hus-
band and Wife."
On administrator's bond, see "Executors and
Administrators.'
Limitation of action for accounting, see "Lim-On judgment, see "Judgment."
itation of Actions."
On policy, see "Insurance."
Particular actions, see "Account, Action on";
"Account Stated"; "Assumpsit, Action of";
"Attachment"; "Breach of Marriage Prom- See "Principal and Agent."
ise"; "Death"; "Discovery"; "Divorce";
"Dower"; "Ejectment"; "False Imprison-
ment"; "Fraud"; "Garnishment"; "Libel and
Slander"; "Malicious Prosecution"; "Manda-
mus"; "Money Received"; "Partition"; Imprisonment of debtor, see "Arrest."
"Quieting Title"; "Quo Warranto"; "Re
plevin"; "Specific Performance"; "Trespass";
Trover and Conversion."
To cancel fraudulent conveyance to assignee,
see "Insolvency."
To compel sale of land by trustee, see "Trusts."
To construe will, see "Wills."
To dissolve corporation, see "Corporations."
To enforce collection of taxes, see "Taxation."
stockholders' liability, see "Corporations."
To procure receiver for loan association, see
"Building and Loan Associations."
To recover literary property, see "Literary
Property."
taxes paid under compulsion, see "Taxa-
Restraint of power, see "Perpetuities."
ALTERATION OF INSTRUMENTS.
Of terms of lease, see "Forgery."
rial, and made after its execution and deliv-
An alteration, to avoid a note, must be mate-
Bushnell & Glessner Co. v. Stewart (Del. Su-
ery, and without the maker's consent.-Warder,
per.) 88.
ALTERNATIVE WRIT.
Of affidavit for arrest, see "Arrest."
Of bill of particulars in criminal cases, see
"Indictment and Information."
Of judgment, see "Judgment."
Of pleading, see "Pleading."
Of statute, see "Statutes."
ANCILLARY BILL.
An action can be maintained to recover com-
pensation for services of stallion where the
owner has not comp:ied with Rev. St. c. 38,
§ 61.-Nelson v. Beck (Me.) 374.
A certificate by the owner of a stallion, under
Rev. St. c. 38, § 61, giving the name of the
horse as "O.," will not support an action for
services of the same horse under the name of
"D."-Nelson v. Beck (Me.) 374.
Laws 1889, c. 93, does not charge a municipal
corporation which causes a diseased animal to
be killed with the value of the animal as it was
before it became diseased.-Campbell v. City
of Manchester (N. H.) 877.
Laws 1889, c. 93, does not permit an appeal
because of a retusal of a municipal corporation
to pay the appraised value of a diseased animal
which it has caused to be killed.-Campbell v.
City of Manchester (N. H.) 877.
Complaint for cruelty to animals under Pub.
St. c. 96, § 1, held defective.-State v. Spink
(R. I.) 91.
Under Act 1891, c. 60, failure to procure a
dog license before the 30th of April renders the
owner liable to a penalty.-State v. Colby (N.
H.) 252.
APPEAL AND ERROR.
See, also, "Certiorari"; "New Trial"; "Trial."
From judgment of divorce, see "Divorce."
In criminal cases, see "Criminal Law."
Questions on appeal from the probate court
are tried de novo.-Norway Plains Sav. Bank
v. Young (N. H.) 550.
Decisions reviewable.
A decree appointing a master to conduct a
stockholders' meeting, and report, held not
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To be available, objection to evidence must
have been saved by exception.-Norberg v. Ric-
ords (Md.) 116.
The exception must state what the testimony
is as to which it is taken.-Stuart v. Redman
(Me.) 905.
Objections to rulings on evidence cannot be
considered, where the exceptions fail to state
what the evidence was.-French v. Day (Me.)
909.
An indefinite exception will not be consid-
ered.-Field v. Lang (Me.) 984.
When objection as to failure to limit effect of
admission in answer cannot be first raised on
appeal.-Connecticut Hospital for the Insane v.
Town of Bridgewater (Conn.) 1017.
Objection to evidence first made on argument
for a new trial cannot be considered on appeal.
-Danley v. Danley (Pa.) 225.
Record and proceedings not in record.
Where the record is amended by striking out
the name of a defendant, the statement on ap-
peal will be treated as so amended.-Taylor
v. Sattler (Pa.) 323.
An objection to an instruction will not be con-
sidered where no special exception is in the bill
of exceptions.-Walsh v. Jenvey (Md.) 817.
The filing of the stenographer's notes of a
charge, and printing the same, will not make it
a part of the record.-Smith v. Times Pub. Co.
(Pa.) 296.
Evidence in judge's certificate will not be
considered where it, was signed after adjourn
ment of term without consent.-Palmer v.
Hughes (Md.) 431.
A stenographer's certificate to transcript of
notes should show that all the testimony is ac-
curately set out.-Harris v. Philadelphia Trac-
tion Co. (Pa.) 727.
Filing of the charge by the stenographer
does not make it part of the record.-Harris v.
Philadelphia Traction Co. (Pa.) 727.
A nunc pro tunc decree entered after the
record is certified should be sent up by a special
return.-Clark v. Clark (Pa.) 747.
Evidence on an application to the court of
common pleas cannot be brought up by stipula-
tion.-Houman v. Schulster (N. J. Sup.) 776.
On appeal in equity a copy of the stenograph-
er's notes must show that the judge directed
them to be written out, and to be accompanied
with the stenographer's certificate and approved
by the judge.-Woodward v. Heist (Pa.) 645.
Assignments of error.
Specifications of error not calling attention
to any specific error will not be considered.
Gallagher v. Davis (Pa.) 319.
Assignments of error relating to issues not
before the court for review will not be consid-
ered.-Bradley v. Pierce (Pa.) 740.
Rehearing.
After affirmance of decree fixing priority of
liens, a rehearing will not be granted on mo-
tion of persons not parties, based on facts out-
side the record.-State v. Cowen (Md.) 434.
Questions not raised by assignments of error
will not be considered.-Gaertner v. Heyl (Pa.)
146.
Where decision in first appeal conclusive on
second appeal.-Maryland Coal Co. v. Baker
(Md.) 768.
A decree of the common pleas reviewing the
discretion of school directors will be disturbed
only for manifest abuse of discretion.-In re
Walker (Pa.) 148; Appeal of Ross, Id.
Error will not lie to order of supreme court
directing the writ of mandamus to issue.-
City of Paterson v. Shields (N. J. Err. & App.)
On appeal in equity, regularity of procedure
on the trial to a jury is immaterial.-Redman
v. Hurley (Me.) 906.
On appeal in equity, with motion to set aside
a verdict and exceptions, the motion and ex-
ceptions need not be considered.-Redman v.
Hurley (Me.) 906.
When refusal to permit amendment of plead-
ing is not reviewable.-Trustees of Donations
Christ Church (Conn.) 797.
& Bequests for Church Purposes v. Parish of
Refusal to quash a foreign attachment is not
reviewable.-First Nat. Bank v. Crosby (Pa.)
Questions of fact, verdicts and find-
Finding of a master on sufficient evidence will
not be disturbed.-White v. Wright (Pa.) 154.
Where a case is submitted to law court on
exceptions, it will not weigh evidence and pass
on disputed questions of fact.-In re Penley
(Me.) 397.
A verdict will not be set aside unless so palpa-
bly against the evidence as to show some im-
proper influence on the deliberations of the jury.—
Appeal of Brooks (Conn.) 47.
Findings of court will be set aside only when
ough of Tyrone v. Stevens (Pa.) 166.
clearly against the weight of evidence.-Bor-
Findings by referee, when approved by the
court, will not be disturbed.-Philadelphia Co.
v. United Gas Imp. Co. (Pa.) 742.
A finding in a suit for specific performance
held not a finding of fact conclusive on the ap-
pellate court.-Van Epps v. Redfield (Conn.)
Erroneous exclusion of evidence held harmless
where the facts were shown by other competent
testimony.-Powell v. Derickson (Pa.) 167.
The admission of improper evidence which is
withdrawn from the jury by proper instruction
is harmless error.-Rathgebe v. Pennsylvania
R. Co. (Pa.) 160.
Where the errors and defects in the records
of a town as to assessment of taxes are in mat-
ters of form, and amendable, a judgment for
the town will not be set aside.-Inhabitants of
Bucksport v. Buck (Me.) 456.
A writ of error not served on the court, but
on the opposite party, dismissed.-City of Pat-
erson v. Shields (N. J. Err. & App.), 891.
Application for leave to amend the return to The judgment cannot be reversed, where all
a writ of mandamus by setting up a substan- questions properly for the jury have been cor-
tive defense cannot be made on motion for re-rectly submitted, and no errors of law were
argument. Commonwealth v. City of Philadel- committed.-Consolidated Traction Co. v. Shaf-
phia (Pa.) 404.
ferty (N. J. Sup.) 890.
Where an award is absolute in form, objec- Recovery by infant on quantum meruit, see “In-
tions which are general only should be over-
ruled. Inhabitants of Bucksport v. Buck (Me.)
456.
ARGUMENT OF COUNSEL.
Ground for new trial, see "New Trial."
Trespass for excessive violence, see "Trespass."
An insufficient affidavit for arrest on a writ
cannot be cured by amendment after service.
Farrow v. Dutcher (R. I.) 839.
A debtor held properly imprisoned under an
alias writ. In re Potoshinsky (R. I.) 878.
Against stockholders of insolvent company, see
"Corporations."
For street improvements, see "Municipal Cor-
porations."
Of taxes, see "Taxation."
ASSUMPSIT, ACTION OF.
For breach of marriage promise, see "Breach of
Marriage Promise.'
Where a seller wrongfully took possession
of the property, held, that the buyer could not
maintain assumpsit for the price which had
been paid.-Quimby v. Lowell (Me.) 902.
Assumpsit cannot be maintained on an award
on submission under seal.-Knight v. Trim
(Me.) 912.
Plea held not bad for duplicity, where the
first allegation did not state a complete de-
fense.-McAleer v. Angell (R. I.) 588.
Assumpsit will lie by a yoluntary association
against a former member to recover its funds in
his hands.-Local Union No. 1, Textile Workers,
v. Barrett (R. I.) 5.
Services rendered in expectation of marriage,
and without expectation of other remuneration,
will not sustain assumpsit, though the party
On members in mutual insurance company, see refuses to marry.-Lafontain v. Hayhurst (Me.)
"Insurance."
Of mortgage by grantee, see "Mortgages."
See "Assignments for Benefit of Creditors"; Of risks of employment, see "Master and Serv-
"Insolvency."
Of claim for lien, see "Mechanics' Liens."
Of corporate stock, see "Corporations."
Of error, see "Appeal and Error.'
See, also, "Execution"; "Garnishment."
Dissolution by insolvency proceedings, see "In-
solvency."
Judgment as res judicata, see "Judgment."
Liability of officer in trespass, see "Sheriffs
and Constables."
Of mortgage debt or property mortgaged, see Review of refusal to quash foreign attachment,
"Mortgages."
After an assignment of future wages is re-
corded under Pub. Laws, c. 458, it need not be
re-recorded in a town to which the assignor re-
moves.-Garland v. Linskey (R. I.) 837.
ASSIGNMENTS FOR BENEFIT OF
CREDITORS.
See, also, "Bankruptcy"; "Insolvency."
Effect of subsequent execution, see "Execu-
tion."
An assignment to prefer one or more credit-
ors held to inure to the benefit of all the credit-
ors under Act April 17, 1843.-Mann v. Wake-
field (Pa.) 244.
see "Appeal and Error."
Granting of feigned issue to determine prop-
erty rights as between plaintiff and garnishee
is discretionary.-Eckels v. Smyser (Pa.) 408.
Rights of garnishee held not affected by dis-
charge of rule to dissolve attachment.-Eckels
v. Smyser (Pa.) 408.
Evidence held insufficient to sustain an at-
tachment on the ground of defendant's fraud
or intent to dispose of his property.-Palmer v.
Hughes (Md.) 431.
Writ cannot be served on an estate as trus-
tee.-Duke v. Morreau (R. I.) 839.
Where suit is commenced by attachment of
the property of two defendants, and no notice of
misjoinder is given, judgment may be entered
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