Of judicial proceedings.

Certiorari, see Certiorari. §§ 57, 58.

REJOINDER.

Certiorari to_review judgment of justice of the In pleading, see Pleading, § 183.
peace, see Justices of the Peace, § 205.
Proceedings in justices' courts, see Justices of
the Peace, § 138.

Transcript on appeal or writ of error, see Ap-
peal and Error, $$ 493-716; Criminal Law,
$$ 1086, 1092; Justices of the Peace, § 164.
Records as evidence, and evidence relating to
matters of record.

Parol or extrinsic evidence to contradict or vary, see Evidence, § 387

Records as notice, and as affecting priorities. See Vendor and Purchaser, 231.

RECOUPMENT.

See Set-Off and Counterclaim.

RECRIMINATION.

See Divorce, § 53.

REDEMPTION.

From tax sale, see Taxation, § 704.

REDIRECT EXAMINATION.

See Witnesses, § 286.

REFERENCE.

See Arbitration and Award.

RELATIONSHIP.

Implied contract to pay for services rendered between persons in family relation, see Work and Labor, § 7.

RELATORS.

In quo warranto proceedings, see Quo Warranto, § 34.

RELEASE.

See Compromise and Settlement; Payment.
Admissibility of release for purpose of impeach-
ing credibility of person giving same, see Wit-
nesses, § 392.

Capacity of infant to execute, see Infants, § 47.
From arrest, see Bail.

Of particular classes of rights and liabilities.
See Mortgages, §§ 315, 319.

For injuries to infant, see Infants, § 47,
Liability as guarantor, see Guaranty, § 67.
Liability as surety, see Principal and Surety,
$$ 118, 127.

Liability of carrier in respect to goods, see Car-
riers, §§ 155-163.

I. REQUISITES AND VALIDITY.

§ 8. A receipt by a shipper of live stock held not to conclude him, by estoppel or otherwise,

To master or commissioner in equity, see Equi- from recovering damages for negligent delay in ty, 88 401–410.

I. NATURE, GROUNDS, AND ORDER
OF REFERENCE.

§ 1. Since the passage of P. S. 1793, a gen-
eral reference is not in the nature of an arbi-
tration, unless the terms of the reference other-
wise indicate.-Ballard v. Hotchkiss (Vt.) 74.
II. REFEREES AND PROCEEDINGS.
$58. Under P. S. 1793, that on a refer-
ence the plea of the general issue, with notice
of the defense of limitations, were not season-
ably filed, and that the notice was defective,
held immaterial.-Ballard v. Hotchkiss (Vt.)

74.

III. REPORT AND FINDINGS.

In equity, see Equity, §§ 407, 410.

transporting the stock.-Needham v. Boston & M. R. Co. (Vt.) 226.

§ 15. The invalidity of a release of damages for personal injuries must be rested on the fraud of the defendant.-Vellekoup v. D. Fullerton & Co. (N. J. Sup.) 793.

§ 24. Failure of plaintiff suing for damages, to return money received in consideration of a release of his claim held not necessarily fatal to his case.-Genest v. Odell Mfg. Co. (N. H.) 593. II. CONSTRUCTION AND OPERATION.

§ 34. A written release of a claim for personal injuries, unless obtained by fraud, is a complete bar to an action for such injuries.Vellekoup v. D. Fullerton & Co. (N. J. Sup.) 793.

$ 35. Where removal of coal causes subsidence of surface, owners of coal held not lia

$ 100. Where a case is referred, the plead-ble to the owners of the surface, where their ings are to be treated by the court on return of referee, as adapted to the facts found.-Ballard v. Hotchkiss (Vt.) 74.

REFORMATION OF INSTRUMENTS. See Cancellation of Instruments.

II. PROCEEDINGS AND RELIEF. § 32. A suit to reform a description of the property in a deed held not barred by laches.Schwoebel v. Storrie (N. J. Ch.) 969.

REGISTRATION.

grantors had released all claims for damages for such injury.-Kellert v. Rochester & P. Coal & Iron Co. (Pa.) 789.

III. PLEADING, EVIDENCE, TRIAL,
AND REVIEW.

Best and secondary evidence of representations
of claim agent in securing release, see Evi-
dence, 158.

Declarations of claim agent as to object and character of release as res gestæ, see Evidence, § 123.

§ 53. A servant seeking to avoid a release as procured by fraud need only prove so much of what he has alleged as is sufficient to es

Of transfers of corporate stock on company's tablish the fraud, without any negligence_on books, see Corporations, § 129.

REHEARING.

See New Trial.

his part.-Vaillancourt v. Grand Trunk Ry. Co. of Canada (Vt.) 99.

$ 53. In an action by a servant for personal injuries, certain evidence. held admissible under the issues whether a release was procured by On appeal or writ of error, see Appeal and Er- fraud.-Vaillancourt v. Grand Trunk Ry. Co. ror, § 833. of Canada (Vt.) 99.

§ 56. In an action by a brakeman for a personal injury, a letter written by the superintendent of the railroad held admissible, as showing the authority of the claim agent who procured a release alleged to be fraudulent.-Vaillancourt v. Grand Trunk Ry. Co. of Canada (Vt.) 99.

chancery court by final decree had jurisdiction to grant complete relief.-Tebo v. Hazel (Del. Ch.) 841.

REMAINDERS.

Vested or contingent construction of will, see
Wills, 634.

REMAND.

§ 56. A servant suing for personal injury, and alleging that the release executed by him was procured by fraud, held entitled to show certain facts as bearing on the issue.-Vaillan- Of cause by appellate court, see Appeal and Ercourt v. Grand Trunk Ry. Co. of Canada (Vt.) 99.

§ 58. Evidence as to a party's mental capaci

ror, 1201.

ty when he executed a release held to present an See Action.
issue for the jury.-Genest v. Odell Mfg. Co.
(N. H.) 593.

§ 58. Evidence held insufficient to go to the jury on the question whether or not a release was obtained by fraud.-Vellekoup v. D. Fullerton & Co. (N. J. Sup.) 793.

$58. Where the evidence on the issue of fraud in procuring from a servant a release of his claim for damages for a personal injury was conflicting, the issue was for the jury.Vaillancourt v. Grand Trunk Ry. Co. of Canada (Vt.) 99.

$59. A party held not entitled to complain of the refusal to give two inconsistent instructions.-Vaillancourt v. Grand Trunk Ry. Co. of Canada (Vt.) 99.

§ 59. A statement, in an instruction on the issue whether a release was procured by fraud, held not subject to criticism.-Vaillancourt v. Grand Trunk Ry. Co. of Canada (Vt.) 99.

RELEVANCY.

Of evidence, see Criminal Law, §§ 351, 364;
Evidence, §§ 99-113.

RELIANCE.

On fraudulent representation as element of fraud, see Fraud, § 23.

REMEDIES.

REMEDY AT LAW.

REMOVAL.

RELIEF ASSOCIATION OR DEPART- of municipal agents or employés, see Munic

Of public officers, in general, see Officers, § 70. As mutual benefit insurance association, see In- Of teacher, see Schools and School Districts, § surance, $$ 698, 722, 793.

RELIGIOUS SOCIETIES.

141.

REMOVAL OF CAUSES.

Transfer of causes from one state court to another, see Courts, § 486.

§ 3. Act April 17, 1905 (P. L. p. 287), amended by Act May 15, 1907 (P. L. p. 462), authorizing a sale of land of a religious society, held prospective, and not retroactive. In re St. Michael's Church of Atlantic City (N. J. Ch.) See Quieting Title.

491.

§ 20. No one claiming right or interest in the land may intervene in proceedings to sell

REMOVAL OF CLOUD.

RENDERING PLANT.

lands of a religious society under Act April 17, As a nuisance, see Nuisance, §§ 3, 33.

1905 (P. L. p. 287), amended by Act May 15, 1907 (P. L. p. 462), as such rights as he may have will not be affected by any decree that may be made. In re St. Michael's Church of Atlantic City (N. J. Ch.) 491.

RENDITION.

Of judgment, see Judgment, §§ 199, 235, 239, 253.

RENEWAL.

$ 20. Under Act April 17, 1905 (P. L. p. 287), amended by Act May 15, 1907 (P. L. p. 462), authorizing the sale of land of a religious society, held, that the rights of others claiming Of lease, see Landlord and Tenant, § 86.

interests in the land are protected.-In re St. Michael's Church of Atlantic City (N. J. Ch.) 491.

$25. Where a majority of the trustees of the church refused to permit the duly appointed minister to hold the services in the church property or reside in the parsonage, the

RENT.

See Landlord and Tenant, §§ 190, 195.
Rights and liabilities as between vendor and
purchaser of land, see Vendor and Purchaser,
$196.

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER

Rights and liabilities of tenants in common,

see Tenancy in Common, § 28.

RESALE.

Under mining leases, see Mines and Minerals, Of lands by state or municipality after pur§ 70. chase at tax sale, see Taxation, § 679.

Appearance by nonresident, see Appearance, & 19.

Nonresidence as affecting limitation of actions, see Limitation of Actions, § 87.

Of pupil as affecting liability of town for payment of high school tuition, see Schools and School Districts, § 159.

§ 101. Act April 19, 1901 (P. L. 89) §§ 4, 5, held to require an affidavit of defense in replevin to be filed within 15 days after the declaration, and judgment for want thereof may be had against defendant before the return day of the See Wills, § 587. writ.-Griesmer v. Hill (Pa.) 429.

REPORT.

RESIDUARY CLAUSE.

RES IPSA LOQUITUR.

By commissioners, appraisers, or viewers, in Application of doctrine in action for injuries

condemnation proceedings, see Eminent Domain, § 237.

On reference, see Reference, § 100.

on streets, see Municipal Corporations, § 706.

RES JUDICATA.

On reference in equity, see Equity, §§ 407, 410. See Judgment, §§ 540, 652-743.

Exercise of power of sale in mortgage, see Mortages, § 342.

Landlord's reversion, see Landlord and Tenant, Powers of sale, see Powers. §§ 54-65.

Assumed by servant, see Master and Servant, §§ v. Langlois (Vt.) 489. 205, 221, 288.

Riparian rights, see Waters and Water Courses, seller of a contract of sale, providing for de§§ 42-63.

Under mining leases, see Mines and Minerals, installment merely extends the time of pay§ 70.

ment, and does not deprive the seller of his right under the original contract to retake the machine after default in payment of the new Of master governing work of servant, see Mas- note.-National Cash Register Co. v. Riley ter and Servant, §§ 141, 146, 243. (Del. Super.) 362.

To enforce bail bond, see Bail, §§ 83, 87.

SECONDARY EVIDENCE.

SCHOOLS AND SCHOOL DISTRICTS. See Evidence, §§ 158-174.

II. CRIMINAL RESPONSIBILITY. See Fornication.

63. A township committee does not abuse its discretion in fixing the salary of the custodian of school funds at an amount less than would have been paid on a percentage basis under a statute recently repealed.-Rice v. Middletown Tp., Monmouth County (N. J. Sup.) Of towns or townships, see Towns, § 31.

665.

135. Bayonne board of education held without the authority to contract that a school

SELECTMEN.

SELF-DEFENSE.

Defense to prosecution for assault with intent
to kill, see Homicide, § 96.
Defense to prosecution for homicide, see Homi-
cide, §§ 110-119, 151.

SELF-SERVING DECLARATIONS.

As evidence, see Evidence, § 271.

SENTENCE.

teacher should hold his position during good See Criminal Law, § 982.

conduct and efficiency.-Vroom v. Board of Ed

ucation of Bayonne (N. J. Sup.) 262.

SEPARATE ESTATE.

$135. Board of school directors held author- Of married woman, see Husband and Wife, § ized, under Act June 25, 1885 (P. L. 175), to

193.

elect a principal of schools for a three-year term.-Toye v. Exeter Borough School Dist.

(Pa.) 60.

SEPARATE MAINTENANCE.

$136. A rule of a board of education that See Husband and Wife, §§ 283-2982.

teachers should hold their positions during good behavior and efficiency held not a term of each contract of employment.-Vroom v. Board of Education of Bayonne (N. J. Sup.) 262.

§ 141. Action of school board dismissing a principal of schools, regularly entered on its minutes, held conclusive as to the propriety of the dismissal.-Toye v. Exeter Borough School Dist. (Pa.) 60.

SEPARATION.

Of husband and wife, see Divorce; Husband and Wife, §§ 283-2982.

See Cemeteries.

SEPULTURE.