Effect of ratification by the general confer-
ence of the Evangelical Association of the acts
of a body organized without authority as a ri-
val of the regular annual conference.-Krecker
v. Shirey (Pa.) 440.
Effect of decision of the general conference of
the Evangelical Association of North America
on the meaning and effect of the provisions of
the book of discipline.-Krecker v. Shirey (Pa.)
440.
An administrative duty devolving on the bish-
op and the quadrennial general conference of
Of chattel mortgages, see "Chattel Mortgages." the Evangelical Association of North America
Of wills, see "Register of Wills."
The question as to what appears on a record
of a probate court is for the court.-Gallup v.
Fox (Conn.) 756.
From foreclosure sale, see "Mortgages."
Reformation.
Of contract, see "Equity."
The salary of the recorder of deeds is gov-
may be delegated.-Krecker v. Shirey (Pa.) 440.
The laws of an ecclesiastical body will be rec-
ognized and enforced by the civil courts if not
in conflict with the constitution and laws of the
state.-Krecker v. Shirey (Pa.) 440.
Remote and Proximate Cause.
See "Negligence."
Of executors and administrators, see "Executors
and Administrators."
erned by act of 1876 and the supplement of See "Landlord and Tenant."
1883, fixing the amount at $10,000 annually.
Von Bonnhorst v. Allegheny County (Pa.) 123.
The court of common pleas cannot order a
register of wills to alter a record made by his
predecessor of a certified copy of a foreign will.
-Coleman v. Shields (Pa.) 161; Appeal of
Coleman, Id.
Power of the court of common pleas to order
the register of wills to alter a record made by
his predecessor without any petition or sugges.
tion of inaccuracy by interested persons.-Cole-
man v. Shields (Pa.) 161; Appeal of Coleman,
Id.
RELEASE AND DISCHARGE.
See, also, "Compromise"; "Payment."
Of mortgage, see "Mortgages."
Where goods are replevied from one having
a lien thereon, and before the trial the amount
of the lien is paid to him, he cannot recover
the value of the goods, where they are in the
possession of one rightfully entitled to it.-
Bisson v. Joyce (N. H.) 1120.
Rescission.
Of contract, see "Equity."
by infant. see "Infancy."
Of sale, see "Sale."
Where one liable in contract to two persons In deed, see "Deed."
jointly settles with one of them individually, he
is still liable to the other.-Crafts v. Sweeney
Release by a railroad employé of claim against See "Judgment."
the company for personal injuries by accept-
ance of benefits from a relief association, he
having agreed that any such acceptance of bene-
fits should release the company from all claims
for damages.-Ringle v. Pennsylvania R. Co.
(Pa.) 492.
Plaintiff's capacity to execute a release is for
the jury.-Gibson v. Western New York & P. On appeal, see "Appeal."
R. Co. (Pa.) 308.
Where a release is attacked for mental inca-
pacity of plaintiff when executed, evidence that
on restoration to health plaintiff kept the money
paid him shows ratification.-Gibson v. Western
New York & P. R. Co. (Pa.) 308.
See "Abatement and Revival."
Of judgment, see "Judgment."
RIPARIAN RIGHTS.
See, also, "Waters and Water Courses."
Right of riparian owner to attack the action of
the harbor commissioners in running a harbor
line so as to protect the riparian owners in pro-
portion to their frontage.-Sherman v. Sherman
(R. I.) 459.
The fixing of a harbor line by a harbor commis-
sioner does not deprive a riparian owner of ac-
cess to his land.-Sherman v. Sherman (R. I.)
Risks of Employment.
See "Master and Servant."
A description of the property as "certain mon-
ey and one silver watch and watch chain, of the
goods and chattels of said J. N. E.," is suffi-
cient.-State v. Perley (Me.) 74.
There is nothing under the common law or
statute which makes the value of the property
the essence of the crime.-State v. Perley (Me.)
74.
Buyers' rights and remedies.
A purchaser is not estopped to refuse goods
as unmerchantable because he pays the freight
portunity to make an examination.-Davis v.
and receipts for them, where there was no op-
Koenig (Pa.) 976.
tubing, which was delivered to him, it is no
defense that it was not suitable for the purpose
for which he wanted it, though the seller knew
the use to which it was to be put. — Jarecki
Manuf'g Co. v. Kerr (Pa.) 1019.
Where defendant ordered a certain kind of
Where defendant was buying leather for har-
ness, he could show that such leather must be
thoroughly tanned in order to be used.-Groet-
zinger v. Kann (Pa.) 1043.
Letters constituting a contract examined, and
held to warrant that the leather to be sent
should be thoroughly tanned.-Groetzinger v.
Kann (Pa.) 1043.
Where one gives his note due in one year
for a machine purchased, and which he used for
a year, it is no defense to the note that the
machinery was defective.-Hastings v. Adams
(Vt.) 804.
Question whether purchasers of a stock of
goods were released from their contract by the
vendor's failure to reduce his stock to a certain
amount by the time fixed, as agreed.-Whitla v.
Moore (Pa.) 257.
Where a contract of sale is effected by the
fraud of the seller, the purchaser may set this
up as a defense to an action on the purchase-
See, also, "Fraudulent Conveyances"; "Judicial money notes.-Weaver v. Shriver (Md.) 189.
Sales"; "Vendor and Purchaser."
Under execution, see "Execution."
order of court, see "Executors and Admin-
-power in mortgage, see "Mortgages."
Whether a trustee in insolvency ratified a
sale by the insolvent is a question for the jury.
-Gallup v. Fox (Conn.) 756.
See "Compromise"; "Payment"; "Release and
Discharge."
Of judgment, see "Judgment."
Of mortgage, see "Mortgages."
The taking possession, for purposes of fore- SCHOOLS
closure, of the property of an insolvent, is not
an acceptance by a receiver of the insolvent of
property covered by the mortgage, where the Qualification of voters, see "Elections and Vot-
receiver claimed that a warranty on the prop-
erty had not been complied with.-Crook v.
Baltimore & O. R. Co. (Md.) 701.
Where, on failure of machinery sold to com-
ply with the warranty, the vendor turns over
receiver's certificates given in payment to one
agreeing to complete it according to contract,
the receiver can set up, against such certificates,
any defenses which he would have against the
original vendor.-Crook v. Baltimore & O. R.
Co. (Md.) 701.
Where plaintiffs sell machinery conditionally,
and take security for deferred payments, they
can either rescind the sale, and retake the prop
erty on default, or enforce the security, but
not both.-Seanor v. McLaughlin (Pa.) 717.
Construction of transaction involving a con-
veyance of a legacy in consideration of a certain
sum, as to whether it was a sale of the legacy,
or a loan, with the legacy as security.-Taylor
v. Hintze (N. J. Sup.) 551.
Effect of vendee's levy of attachment on goods
sold as the property of the vendor, as ratifying
a rescission by the latter of the sale.-Central
Nat. Bank v. Gallagher (Pa.) 212.
Evidence examined, and held sufficient to
show an acceptance of goods shipped on order.
-Brown v. Nelson (Vt.) 94.
A seller of goods cannot rescind because of a
statement made by the purchaser to a com-
mercial agency two years before the sale.
Sharpless v. Gummey (Pa.) 1127.
Effect of conditional sale wherein notes were
given for the price.-Sawyer v. Long (Me.) 111.
It is in the discretion of the board, under Act
1892, No. 20, § 6, to afford transportation for
scholars to and from school.-Carey v. Thomp-
son (Vt.) 5.
The employment by school directors of nuns
proof of religious teaching, cannot be reviewed.
of the Roman Catholic Church, in the absence of
-Hysong v. School Dist. of Gallitzin Borough
(Pa.) 482.
lic sisterhood by nuns while teaching in the
The wearing of the garb of a Roman Catho-
public schools is not sectarian teaching, nor un-
lawful.-Hysong v. School Dist. of Gallitzin Bor-
ough (Pa.) 482.
Right to attend school.
An inmate of a charitable institution for the
care of children is not entitled to school priv-
ileges in the district in which such institution is
located.-Commonwealth v. Board of Directors
of Common-School Dist. of Upper Swatara Tp.
(Pa.) 507.
The fact that the managers of a memorial
dren therein with educational advantages does
home have neglected to provide the soldiers' chil-
not entitle them to free admission to the schools
of the district in which it is located.-Common-
wealth v. Directors of School Dist. of Borough
of Brookville (Pa.) 509.
The inmates of an institution chartered to pro-
vide a home and support for the children of
soldiers are not entitled to free admission to
the schools in the district in which it is located.
--Commonwealth v. Directors of School Dist. [
of Borough of Brookville (Pa.) 509.
Finances and taxation.
Under Act April 16, 1870, the board of con-
trollers of the Alleghany school district could
not select a bank for deposit of a school fund
on an agreement by the bank to loan the dis-
trict such money as they might need, without
interest.-Gilliford v. McMullen (Pa.) 1051.
Right of one school district to tax that part
of a tract of land which lies outside its bounda-
ries, when the dividing line is not a county line,
and the mansion house is also outside.-Arthur
v. School District of Polk Borough (Pa.) 299.
Remedy of school district against another
school district which has unlawfully levied and
collected taxes on land in the former district.
Arthur v. School District of Polk Borough (Pa.)
Effect of Laws 1892, making each town a sin-
gle district for school purposes, as to the dis-
position of money in hands of a school dis-
trict when the act went into effect.-Town of
Barre v. School Dist. No. 13 (Vt.) 807.
Power of school district to remit taxes al-
ready assessed after Laws 1892 made each town
a single school district, and put an end to the
existence of school districts.-Town of Barre
v. School Dist. No. 13 (Vt.) 807.
To revive judgment, see "Judgment."
Searches and Seizures.
See "Intoxicating Liquors."
A plaintiff is entitled to punitive damages for
the seduction of his wife.-Mathies v. Mazet
(Pa.) 434.
The social relations of the parties, their pe-
cuniary condition, and the mental suffering of
the plaintiff, are elements to be considered.-
Mathies v. Mazet (Pa.) 434.
See "Master and Servant."
SET-OFF AND COUNTER-
CLAIM.
In an action against one of two sureties on a
several recognizance, defendant can set off a
judgment of his cosurety against plaintiff.-
Hibert v. Lang (Pa.) 1004.
In an action by an assignee of a note under
seal, the burden of proving notice to defend-
ant, who had bought an overdue note of the
payee of the note sued on, of the assignment
to plaintiff, is on plaintiff.-Burford v. Fergus
(Pa.) 844.
Right of an assignee of a claim to set it up
as against a judgment recovered by one claim-
ing under a previous assignment of a claim
against defendant.-Laubsch v. West New York
Silk-Mill Co. (N. J. Sup.) 550.
Where one's lot is filled in by another with-
out his consent, he may, in an action of tres-
pass, recover the damages caused thereby, with-
out consideration of any advantage accruing to
the lot from such filling.-Hurley v. Jones (Pa.)
SHERIFFS AND CONSTABLES.
Where property of plaintiff was wrongfully
attached as that of a third person, and sold on
execution, his remedy is in trespass against the
sheriff, and not by the action on the attachment
bond.-Berwald v. Ray (Pa.) 727.
Liability of sheriff for selling attached goods.
under the order of the court as perishable prop-
erty.-Central Nat. Bank. v. Gallagher (Pa.)
212.
The compensation of the sheriff of Alle-
gheny county is governed by the amendment of
1883, providing for payment of county officers
in counties containing over 150,000 inhabitants
by salary only.-McCleary v. Allegheny Coun-
ty (Pa.) 120.
See "Benevolent Societies"; "Building and Loan
Associations"; "Corporations"; "Religious So-
cieties."
Special Laws.
See "Constitutional Law."
It is no defense to a suit for the performance
of a contract to sell land, brought by the ven-
dee, that the contract provides for the convey-
ance of more land than was intended, or that
the price named is less than that agreed on.-
Keim v. Lindley (N. J. Ch.) 1063; Same v.
Griffith, Id.
A written contract for the sale of land may
be enforced in chancery, with a variation proven
by parol, unless this infringes the statute of
frauds.-Keim v. Lindley (N. J. Ch.) 1063;
Same v. Griffith, Id.
Right of a vendee, suing for specific perform-
ance, to the proceeds of a sale of the land by
his vendor, or to recover, if he can, the land in
the hands of the alienee of the vendor.-Keim
V. Lindley (N. J. Ch.) 1063; Same v. Griffith,
Right of defendant to defend on the ground
that there has been a great increase in the
value of the land sold.-Keim v. Lindley (N. J.
Ch.) 1063; Same v. Griffith, Id.
Right of defendant vendor to resist perform-
ance on the ground that the litigation has been
extended, and the value of the property in the
meantime has greatly increased.-Keim v. Lind-
ley (N. J. Ch.) 1063; Same v. Griffith, Id.
Right of defendant vendor to set up plain- Act 1894, c. 25, providing for the election of
tiff's delay in bringing suit, when this was due treasurer for Cecil county, is constitutional.
to the vendor's inability to make title.-Keim Commissioners of Cecil County v. Banks (Md.)
v. Lindley (N. J. Ch.) 1063; Same v. Griffith, 919.
Id.
The fairness of a contract requisite to entitle
its holder to its specific performance in equity
must be judged by the circumstances existing
at its date.-Keim v. Lindley (N. J. Ch.) 1063;
Same v. Griffith, Id,
One who has a written contract for the pur-
chase of land cannot enforce it as against one
having a previous oral contract for its purchase,
to whom the owner conveyed the land after
making the written contract.-Maguire v. Her-
aty (Pa.) 151.
Spirituous Liquors.
See "Intoxicating Liquors."
Statute of Limitations.
See "Limitation of Actions."
Where an act passed May 16, 1894, declared
that it should take effect May 14, 1894, it went
into effect on its passage.-McLaughlin v. City
of Newark (N. J. Sup.) 543.
Act May 5, 1876, providing for the classifi-
cation of real estate for taxation, properly ex-
presses the subject of the act in the title.-
Bruce v. City of Pittsburgh (Pa.) 831.
Sufficiency of title of Act 1894, c. 25, in re-
gard to the election and appointment of treas-
urers for Cecil county, the title being com-
pounded of two parts, each of which is broad
enough to embrace the whole act.-Drennen v.
Banks (Md.) 655.
Act May 16, 1894, is constitutional, the ob-
ject being clearly expressed in the title.-Mc-
Laughlin v. City of Newark (N. J. Sup.) 543.
An act (P. L. 1891, p. 480) entitled "An act
relating to the cost of improving sidewalks in
the cities of this state" is unconstitutional.-
Common Council of City of Beverly v. Waln
(N. J. Err. & App.) 545.
The title of a statute is a limitation upon the
enacting part of the law.-Polhamus v. State
(N. J. Sup.) 48v.
Act June 8, 1893 (P. L. 393) creating the of-
fice of county comptroller in certain counties,
is unconstitutional.-Commonwealth v. Severn
(Pa.) 395.
Question whether the subject of taxing cor-
porations is sufficiently expressed in the title of
the act of 1891. Commonwealth v. Sharon
Coal Co. (Pa.) 127.
Special Act 1869, requiring the election of
burgess and council of the boroughs of Indiana
and Brookville, was repealed by Act May 23,
1893.-Commonwealth v. Weir (Pa.) 835.
Special Act April 6, 1850, limiting indebted-
ness of the city of Pittsburgh, is in conflict
with, and is repealed by, Act June 14, 1887.-
Bruce v. City of Pittsburgh (Pa.) 831.
Where, after a general act on the subject of
usury, an act is passed for a single county,
and later the general act is amended, and is in-
consistent with the special act, and covers the
whole subject-matter, the special act is re-
pealed.-Bogardus v. Gordon (N. J. Ch.) 812.
Where an amendatory statute changes a sec-
tion of the prior statute, the recital at length of
the section as amended is not a re-enactment of
the provisions retained, so as to repeal all in-
consistent laws.-McLaughlin v. City of New-
ark (N. J. Sup.) 543.
217 1893, p. 318, § 6. .165, 774
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