Where the power to transfer stock is shown
to the corporation, it is not bound to inquire
whether the transferror is attempting a fraud.
Hughes v. Drovers' & Mechanics' Nat. Bank
(Md.) 936.
Measure of corporation's duty stated as to
protecting its stockholders from unauthorized
transfers of stock.-Hughes v. Drovers' & Me-
chanics' Nat. Bank (Md.) 936.
A secretary of a manufacturing corporation held
to have made indorsements of commercial paper
by permission of the directors.-Blake v. Domes-
tic Manuf'g Co. (N. J. Ch.) 241; Same v. Domes-
tic Sewing-Mach. Co., Id.
A treasurer of a manufacturing corporation
has no implied authority to indorse its note for
discount or sale.-Blake v. Domestic Manuf'g
Co. (N. J. Ch.) 241; Same v. Domestic Sewing-
Mach. Co., Id.
Directors of a corporation held by acquiescence
to have made its treasurer a general agent for
the corporation, to make_indorsements of com-
mercial paper. Blake v. Domestic Manuf'g Co.
(N. J. Ch.) 241; Same v. Domestic Sewing-
Mach. Co., Id.
Though directors did not know of indorsements
of commercial paper being made by the com-
pany's treasurer, held, that they should have
known it.-Blake v. Domestic Manuf'g Co. (N.
J. Ch.) 241; Same v. Domestic Sewing-Mach.
Co., Id.
Corporate powers and liabilities.
Chattel mortgage authorized by de facto stock-
holders only held good as to third parties.-Kane
v. Lodor (N. J. Ch.) 966.
A corporation in a failing condition cannot
place part of its assets in the hands of a trustee
to protect any of its directors as sureties on its
bond.-Gray v. Taylor (N. J. Ch.) 951.
A corporation held liable on unauthorized in-
dorsements of notes by its treasurer, where it
received the benefits. Blake v. Domestic
Manuf'g Co. (N. J. Ch.) 241; Same v. Domestic
Sewing-Mach. Co., id.
A manufacturing corporation has no authority
to give accommodation paper.-Blake v. Domestic
Manuf'g Co. (N. J. Ch.) 241; Same v. Domestic
Sewing-Mach. Co., Id.
A manufacturing corporation is bound by an
indorsement of paper for accommodation, when
the paper is in the hands of a bona fide holder.
Blake v. Domestic Manuf'g Co. (N. J. Ch.) 241;
Same v. Domestic Sewing-Mach. Co., Id.
Where a treasurer acts as the company's gen-
eral agent in indorsing commercial paper from
time to time, the company is bound thereby, if
the directors ought to have known he was so do-
ing.-Blake v. Domestic Manuf'g Co. (N. J. Ch.)
241; Same v. Domestic Sewing-Mach. Co., Id.
Where a treasurer was made the agent of the
corporation for indorsement of paper by reason
of acquiescence of the directors, held, that the
company was bound by such an indorsement,
though the indorsee had no knowledge of the pre-
vious indorsements.-Blake v. Domestic Manuf'g
Co. (N. J. Ch.) 241; Same v. Domestic Sewing-
Mach. Co., Id.
An agreement that payments of part of sub-
scriptions to stock shall be secured by mortgage
is void as against creditors of the corporation.-
Boney v. Williams (N. J. Ch.) 189.
A corporation held not estopped to deny im-
plied authority of one of its officers, in respect
to an act, not of the character of those that it
had permitted him to perform in its behalf.-
Winsted Hosiery Co. v. New Britain Knitting
Co. (Conn.) 310.
A corporation held not to have impliedly au-
thorized its secretary and treasurer to sell prop-
erty that was a part of its plant.-Winsted
Hosiery Co. v. New Britain Knitting Co. (Conn.)
310.
Confession of judgment by corporation held
not fraudulent, though the directors are inci-
dentally relieved from liability.-Mueller v. Mo-
nongahela Fire-Clay Co. (Pa.) 1009.
Insolvency and receivers.
A corporation held not insolvent at the time
its directors authorized judgment to be con-
fessed against it.-Mueller v. Monongahela Fire-
Clay Co. (Pa.) 1009.
Creditor of private business corporation, who
obtained judgment after appointment of re-
ceiver, held not entitled to preference.-Cowan
v. Pennsylvania Plate-Glass Co. (Pa.) 1075; Ap-
peal of Exchange Bank, Id.
treasurer for money then advanced held not an
Judgment note given by corporation to its
illegal preference; though it was insolvent.-
Cowan v. Pennsylvania Plate-Glass Co. (Pa.)
1075; Appeal of Exchange Bank, Id.
Directors of a corporation who signed its bond
to piocure the discharge on attachment held en-
titled to prove against the corporation's estate
on its subsequent insolvency, since they were
subrogated to the rights of the attaching cred-
itors. Gray v. Taylor (N. J. Ch.) 951.
Such sureties could not, however, follow prop-
erty converted into money by the corporation pri-
or to the insolvency, nor the proceeds of such
property, nor could they reach the general as-
sets.-Gray v. Taylor (N. J. Ch.) 951.
A corporation after insolvency cannot give a
mortgage to secure a pre-existing debt, under
Corporation Act (P. L. 1896, p. 298) § 64.-Frost
v. Barnert (N. J. Ch.) 956.
The president and general manager of a cor-
poration held not to have power, without the
consent of directors, on insolvency of corpora-
tion, to transfer assets to satisfy debts of one
creditor.-Hadden v. Linville (Md.) 37.
A transfer by an insolvent Ohio corporation of
all its assets to a New Jersey corporation that
assumed all indebtedness is not void, under the
laws of Ohio, as against bondholders of the Ohio
corporation.-Blake v. Domestic Manuf'g Co.
(N. J. Ch.) 241; Same v. Domestic Sewing-Mach.
Co., Id.
Receiver of a corporation held not entitled to
recover stock transferred as security.-Blake v.
Domestic Manuf'g Co. (N. J. Ch.) 241; Same v.
Domestic Sewing-Mach. Co., Id.
Where one corporation transfers all its assets Of witness, see "Witnesses."
to another, which assumes all indebtedness, the
bondholders of the former are creditors of the
latter. Blake v. Domestic Manuf'g Co. (N. J.
Ch.) 241; Same v. Domestic Sewing-Mach. Co., On foreclosure, see "Mortgages."
Where one corporation transfers all its assets
to another, which assumes all indebtedness, the
bondholders of the former have no equitable lien
on the assets of the latter in preference to the
latter's creditors.-Blake v. Domestic Manuf'g
Co. (N. J. Ch.) 241; Same v. Domestic Sewing-
Mach. Co., Id.
In a suit to restrain an executrix from com-
mitting waste, where the defense was an un-
warranted contention that she had complete
power under the will to dispose of the body of
the estate, held, on a decree for plaintiff, that
defendant's costs must be paid by her person-
ally.-Bentley v. Bentley (N. J. Ch.) 286.
The right of defendant to costs on the amend-
ment of defective declarations held postponed
until the action should come on for trial, where
he excepted to the amendment.-Hare v. Dean
(Me.) 227.
CO-SURETIES.
See "Principal and Surety."
CO-TENANCY.
See "Tenancy in Common."
See "Municipal Corporations."
Equity will enforce covenants entered into be-
tween prior grantors and grantees in regard to
the use of property that came from a common
source.-Trudeau v. Field (Vt.) 162.
The owner of a water privilege connected with
a dam cannot recover from the owner of another
privilege connected therewith on a covenant be-
tween the other and his grantor to contribute to
the rebuilding of the dam.-Trudeau v. Field
(Vt.) 162.
When possession under a claim of title is an
estate sufficient for the transmission of cove-
nants.-Morton v. Thompson (Vt.) 88.
COVERTURE.
See "Husband and Wife."
The position of deputy warden of the Hudson Of witness, see "Witnesses."
county almshouse is fixed by Act March 14,
1895.-Stewart v. Board of Chosen Freeholders
of Hudson County (N. J. Sup.) 842.
See, also, "Judges."
Clerks of, see "Clerks of Courts."
A probate judge who is executor of a will held
not qualified to appoint a special administrator
on another estate, to which the estate represented
by him as executor is largely indebted.-Hussey
v. Southard (Me.) 221.
A sergeant at arms of a district court held not
subject to statutory liability for failure to return
execution.-Nixon v. Fithian (N. J. Sup.) 698.
Where plaintiff sued for $1,000, and appeals
from a refusal to enter judgment for $800, the
superior court alone has jurisdiction, under' Act
June 24, 1895.-Peters v. Carner (Pa.) 509.
See "Assignments for Benefit of Creditors";
"Fraudulent Conveyances"; "Insolvency."
CREDITORS' SUIT.
Creditors' suit held not multifarious because
complainant attempts to follow, in one bill, sep-
ants.-Burne v. O'Shaughnessy (N. J. Ch.) 963.
arate properties in the hands of separate defend-
Burne v. O'Shaughnessy (N. J. Ch.) 963.
Necessity of parties defendant determined.-
Where a bill alleging that a judgment debtor
and another were carrying on a business that
belonged to the former, but in the latter's name,
to cover up the debtor's property, was denied by
defendants' answers, preliminary relief would
not be granted to complainant by way of injunc-
tion or receivership.-Guild v. Meyer (N. J. Ch.)
959.
Gen. Laws, c. 147, § 9, providing that every one
who shall be found guilty, before "a district
court," of violating certain provisions, shall be
punished, etc., does not deprive the common
pleas division of its power to impose the penalty
prescribed in a case appealed to it from the dis-v. Meyer (N. J. Ch.) 959.
trict court.-State v. Drow ne (R. I.) 978.
Under its general criminal jurisdiction, the dis-
trict court has jurisdiction only to fine "or" im-
prison, and not to combine the two methods of
punishment.-State v. Drowne (R. I.) 978.
A court, in directing the management of a rail-
road by a receiver who was appointed by the
courts in different states, may rely on the rule
of comity by which the court of the other state
will recognize such order.-Guarantee Trust &
Safe-Deposit Co. v. Philadelphia, R. & N. E.
R. Co. (Conn.) 792.
A grantee cannot sue his grantor for breach
of covenant against incumbrances, where he had
knowledge of the alleged incumbrances before
taking a deed.-Demars v. Koehler (N. J. Sup.)
808.
alleges that defendants are partners, and de-
Nor will such relief be granted where the bill
fendants' answers deny the partnership.-Guild
Bill by holder of a foreign judgment held in-
sufficient in not alleging that the complainant had
judgment in the state on which execution had
issued.-First Nat. Bank v. Randall (R. I.) 1055.
See, also, "Grand Jury"; "Indictment and In-
formation"; "Searches and Seizures."
Particular offenses, see "Adultery"; "Assault
and Battery"; "Bigamy"; "Conspiracy"; "Dis-
orderly House"; "Embezzlement"; "False
Pretenses"; "Forgery"; "Homicide"; "Ob-
scenity"; "Perjury"; "Rape."
Compromise of prosecution for nuisance, on
payment of costs and $100 to the state, held un-
authorized.-State v. Conway (R. I.) 656.
Plea of former jeopardy held not available
where no verdict was rendered in the first trial.
A covenant to be at one-half expense of keep-Anderson v. State (Md.) 937.
ing in repair a dam with which defendants' wa-
ter rights were connected held not to require
defendants to contribute to building a new dam.
-Trudeau v. Field (Vt.) 162.
A deed granting merely the right of drawing
water from a dam imposed no obligation on the
grantor to rebuild the dam when swept away.
Trudeau v. Field (Vt.) 162.
A deed granting water privileges not to be
used to the injury of privileges theretofore grant-
ed created no burden on such previously granted
privileges. Trudeau v. Field (Vt.) 162.
Competency of proof of commission by defend-
ant of similar offenses considered. - Ryan v.
State (N. J. Err. & App.) 672.
A photograph, if its correctness be proven,
may be used to illustrate the evidence in the
case.-State v. Hersom (Me.) 160.
The order in which proof shall be received is
in the discretion of the court.-State v. Thomp-
son (Conn.) 868.
Defendant cannot avail himself of an objec-
tion to an incompetent question unless he makes
his objection before the question is answered.
-Cunningham v. State (N. J. Sup.) 847.
Exception to refusal to instruct, made imme-
diately after jury had retired, held in time.-State
v. Pirlot (R. I.) 656.
To convict of a lower crime, verdict need not
find defendant not guilty of higher crime.-Roo-
key v. State (Conn.) 911.
The superior court for Kennebec county has
authority to order a certified copy of a bill of
exceptions in a criminal case to be transmitted
to the chief justice for a decision of the same
by the law court.-State v. Hersom (Me.) 160.
On a writ of error the entire record must be
certified by the trial court.-Ryan v. State (N.
J. Err. & App.) 672.
An unlawful order, when sentencing to impris-
onment at hard labor for a year, that the impris-
onment shall be served in state's prison, may be
annulled on error, without impairing the judg-
ment.-Bindernagle v. State (N. J. Err. & App.)
Evidence as to kind of dress plaintiff was
obliged to wear after injury held admissible.-
Valley v. Concord & M. R. R. (N. H.) 383.
In an action for personal injuries, mental dis-
order of plaintiff, naturally arising therefrom,
may be considered.-Lambertson v. Consolidated
Traction Co. (N. J. Err. & App.) 684.
Provision in contract of employment con-
strued, and held valid as a provision for liqui-
dated damages.-Borley v. McDonald (Vt.) 60.
On breach of a contract to saw certain logs at
from having the logs left on his hands, and be-
a stipulated price, the loss to the owner arising
ing obliged to sell them for what he could get, is
a proper element of damages.-Amsden v. At-
wood (Vt.) 263.
The difference between the real market price
at the time plaintiff received his logs, and the
time when he should have received them if
they had been rafted by defendant with due
diligence, held to be the measure of damages.—
Palmer v. Penobscot Lumbering Ass'n (Me.)
108.
Measure of damages on failure to manufacture
In the absence of an exception, whether the certain articles, and furnish at cost, determined.
action of the court in excluding certain persons-Kenderdine Hydro-Carbon Fuel Co. v. Plumb
from the court room was erroneous, cannot be (Pa.) 480.
considered.-Shields v. State (N. J. Sup.) 763.
Admission of illegal evidence will work re-
versal unless it is clear that it was harmless. See "Waters and Water Courses."
Ryan v. State (N. J. Err. & App.) 672.
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For death by wrongful act, see "Death."
Release of damages against railroad, see "Rail-
roads."
In an action of tort, evidence of the nature and
extent of plaintiff's business and the general rate
of profit therefrom, held admissible, not as fur-
nishing a measure of damages, but to be taken
into consideration by the jury in assessing dam-
ages, for the interruption of such business by de-
fendants' wrongful act.-East Jersey Water Co.
v. Bigelow (N. J. Err. & App.) 631.
In an action for personal injuries, testimony
as to plaintiff's complaints of pain was prop-
erly received.-Brown v. Town of Mt. Holly
(Vt.) 69.
Where the extent of the injuries is shown,
plaintiff is entitled to substantial damages, where
defendant fails to show that it was not negli-
gent, or that the injuries were the result of con-
tributory negligence.-Bergin v. Southern New
England Tel. Co. (Conn.) 888.
Funeral charges are not recoverable as a part
of the damages.-Consolidated Traction Co. V.
Hone (N. J. Err. & App.) 759.
Whether contributory negligence on the part
of the sole next of kin will defeat recovery,
undetermined. - Consolidated Traction Co. V.
Hone (N. J. Err. & App.) 759.
St. 1891, c. 124, abrogates the remedy by in-
dictment for death by wrongful act in all cases
for which it provides a remedy by a civil ac-
tion.-State v. Maine Cent. R. Co. (Me.) 158.
DEBT, ACTION OF.
Debt is a proper remedy to recover from a rail-
road corporation the excess of receipts over 10
per cent. under Gen. St. c. 144, § 5.-State v.
Manchester & L. R. R. (N. H.) 736..
DEBTOR AND CREDITOR.
See "Assignments for Benefit of Creditors";
"Creditors' Suit"; "Fraudulent Conveyances"
"Insolvency."
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A verdict on account of injuries to plaintiff's Of trust, see "Trusts."
hand was reduced to $2,500.-Sawyer v. Rum-
ford Falls Paper Co. (Me.) 318.
A verdict for substantial damages for personal
injuries will not ordinarily be set aside on the As evidence in civil actions, see "Evidence."
ground of inadequacy.-McGowan v. Interstate Of co-conspirators as evidence, see "Conspira-
Consol. St. Ry. Co. (R. 1.) 497.
cy."
See, also, "Boundaries."
Conveyance of easement, see "Easements."
Covenants in, see "Covenants."
Estoppel by, see "Estoppel."
In fraud of creditors, see "Fraudulent Convey- Judgment by, see "Judgment."
ances."
In trust, see "Trusts."
Of trust, see "Mortgages."
Tax deeds, see "Taxation."
Deed construed, and held to convey all the in-
terest the grantor had in the estate of her grand-
father.-Langley v. Honey (R. I.) 699.
An orator seeking to enforce an equitable
right to property has the burden of proving
payments made towards satisfying conditions
of the deed under which he claims.-Oakman
v. Walker (Vt.) 63.
The fact that a grantee permitted a subse-
quent grantee to occupy the premises without
objection held admissible as showing that the
conditions of the first deed had not been com-
plied with.-Oakman v. Walker (Vt.) 63.
In appliances, see "Master and Servant."
In bill of interpleader, amendment of, see "In-
In highways, see "Highways"; "Towns."
terpleader."
In pleadings, waiver of, see "Pleading."
In streets, see "Municipal Corporations."
Of goods by carrier, see "Carriers."
of mortgage, see "Chattel Mortgages."
Of goods sold, see "Sales."
An agreement to convey a fee simple by two
persons, "both so much of the land they now
hold in common," held to mean the land owned
in common, and not to refer to land held by either
in common with a third person.-Pennsylvania
R. Co. v. Breckenridge (N. J. Err. & App.) 740. For payment of tax, see "Taxation."
Description in deed construed.-Steelman v.
Atlantic City Sewerage Co. (N. J. Err. & App.)
742.
DEMURRER.
In pleading, see "Pleading."
A deed "of all the salt marsh belonging to the
said party of the first part, *** being north
of the fourth line of" a certain tract, held to
pass the entire marsh, and not merely the part
Îying between two lines drawn to the north from See "Banks and Banking"; "Trusts."
the east and west ends respectively of said fourth
line.-Penrose v. Steelman (N. J. Ch.) 807.
Peculiarity of the chain of title held not suffi-
cient to charge a purchaser with notice that the A payment to the clerk of court of moneys due
land had been partitioned among tenants in com- in a pending suit, without a special order direct-
mon by mutual release deeds, such deeds not having it to be made, held without effect.-Whitta-
ing been recorded.-H. C. Tack Co. v. Ayers (N. ker v. Belvidere Roller-Mill Co. (N. J. Ch.) 289.
J. Ch.) 194.
Under 1 Gen. St. p. 855, § 14, held, that what-
ever is sufficient to charge a purchaser with notice
as to the state of the title is sufficient to charge
a judgment creditor.-H. C. Tack Co. v. Ayers
(N. J. Ch.) 194.
Where a deed executed by one tenant in com-
mon to the other, on a conventional partition,
was not recorded, held that no equity arose in
favor of the grantee, as against a subsequent
judgment creditor of the grantor, to have any
further conveyance.-H. C. Tack Co. v. Ayers
(N. J. Ch.) 194.
In a deed of land bordering on tide water, a
description of the land as "running to the shore,"
and "thence by the shore and upland to the first
bound," excludes the shore from the conveyance.
-Freeman v. Leighton (Me.) 542.
Under the colonial ordinance of 1641-47, con-
cerning flats, conveyances of uplands are ex-
pected to convey the adjoining flats.-Freeman v.
Leighton (Me.) 542.
A clause in a deed at the end of a particular
description by metes and bounds, "meaning and
intending to convey the same premises conveyed
to me," etc., neither enlarges nor limits the
grant.-Smith v. Sweat (Me.) 554.
A particular description, when it is definite
and certain, will control a general reference to
another deed as the source of title.-Smith v.
Sweat (Me.) 554.
Where different mortgages were given at dif-
ferent times, held, that they should be construed
as different instruments.-Smith v. Sweat (Me.)
554.
DESCENT AND DISTRIBUTION.
Where a mother died intestate, survived by two
children, who died minors and unmarried before
any distribution of the estate, held, that the estate
went to the heirs of the minor child last deceased,
and not to the next of kin of the mother.—Ap-
peal of Hale (Conn.) 392.
Where life tenant has dissipated goods, the re-
mainder-men may follow, and claim them in the
hands of third persons, if they can find the spe-
cific articles.-Quicksall v. Chew (N. J. Ch.) 442.
Sufficiency of decree on distribution of an es-
tate of one presumed to be dead determined.-
In re Morrison's Estate (Pa.) 895; Appeal of
People's Trust, Savings & Deposit Co., Id.
Rule for determining rights of creditor and
heirs and devisees where statutory lien cast on
lands for debt of ancestor is enforced.-Ran-
som v. Brinkerhoff (N. J. Ch.) 919.
Where statutory lien cast on lands for debt
of ancestor is enforced, assessments for benefits
caused by public improvements must be allowed
to the heir.-Ransom v. Brinkerhoff (N. J. Ch.)
919.
Of land in a levy and return of tax sale, see
"Taxation."
Of property conveyed, see "Boundaries";
"Deeds."
As ground for divorce, see "Divorce."
DIRECTING VERDICT.
In civil actions, see "Trial."
From indebtedness, see "Accord and Satisfac-
tion."
Of surety, see "Principal and Surety."
DISCRETION OF COURT.
Review in civil actions, see "Appeal and Error."
DISMISSAL AND NONSUIT.
Dismissal of appeal, see "Appeal and Error."
Where trespass is shown, it is error to nonsuit
plaintiff because of absence of proof of the
amount of damages.-Lance v. Apgar (N. J. Err.
& App.) 695.
A divorce for desertion will not be denied
where the husband's supposed defense is not
proved.-Drayton v. Drayton (N. J. Ch.) 25.
Evidence held not to show collusion between
the parties.-Drayton v. Drayton (N. J. Ch.)
25.
The institution of a suit for divorce by the
husband held no defense to a suit by the wife
for divorce on ground of desertion.-Drayton
v. Drayton (N. J. Ch.) 25.
A wife held not to have shown herself justi-
fied in her abandonment of the husband on the
ground of cruelty.-Renk v. Renk (N. J. Ch.) 427.
A wife, who left her husband because of a
quarrel, and for over two years refused to re-
turn, held guilty of malicious desertion, entitling
the husband to a divorce.-Whelan v. Whelan
(Pa.) 625.
As evidence in civil actions, see "Evidence."
Evidence held to show legal domicile of defend-
ant to be within the state.-Hervey v. Hervey
(N. J. Ch.) 767.
The rule that it is error to enter a nonsuit
where the case is tried to a jury, and there is See "Gifts."
substantial evidence produced by plaintiff, ap-
plies to cases tried to the court.-Foskett &
Bishop Co. v. Swayne (Conn.) 893.
DISORDERLY HOUSE.
Evidence held sufficient to sustain conviction
for keeping disorderly house. - Bindernagle v.
State (N. J. Err. & App.) 973.
DISQUALIFICATION.
Of judge, see "Judges."
Of estate assigned for creditors, see "Assign-
ments for Benefit of Creditors."
of decedent, see "Descent and Distribu-
tion."
of insolvent, see "Insolvency."
Under Revision, p. 320, § 2, held, that deceased
had not been in such possession of the rented
portion of a building as would enable his widow
to "remain" in possession under the statute re-
lating to quarantine.-Davis v. Lowden (N. J.
Ch.) 648.
Where a widow signed a lease of part of the
property of deceased, held, that she was estop-
ped from claiming quarantine therein.-Davis v.
Lowden (N. J. Ch.) 648.
It is not necessary that the writ of seisin to set
out dower should contain specific directions to
the commissioners.-Skolfield v. Skolfield (Me.)
530.
Where a report of commissioners to assign
dower is not accepted, the court can recommit
it to the commissioners to set out dower anew.
-Skolfield v. Skolfield (Me.) 530.
Where commissioners set out to the demand-
ant certain parcels of land "as and for dower,"
DISTRICT AND
AND PROSECUTING AT- it is a sufficient assignment. Skolfield v. Skol-
field (Me.) 530.
The interest of a widow remains in the lands
Loc. Acts 1894, c. 213, limiting compensation of her deceased husband after sale in partition.
of state's attorney in Dorchester county to-Kunselman v. Stine (Pa.) 414.
$1,200, held unconstitutional.-Goldsborough v.
Lloyd (Md.) 773.
Of water course, see "Waters and Water Cours-
es."
Evidence held insufficient to show condona-
tion.-Gosser v. Gosser (Pa.) 1014.
In a divorce suit, testimony standing solely on
the specific statements of one party, contradict-
ed by general statements of the other party, will
not justify an affirmative decree.-Daeters v.
Daeters (N. J. Ch.) 950.
Where a wife, on contracting a venereal dis-
ease from the husband, left him, and he never
explained, or asked her to return, held, that she
was entitled to a divorce, as for desertion.-
Daeters v. Daeters (N. J. Ch.) 950.
In cities, see "Municipal Corporations."
In indictment, see "Indictment and Informa-
tion."
Evidence of what position the servient owner
assigned to a right of way, and of what land was
actually used as right of way, held admissible
on the question of location.-Jenne v. Piper
(Vt.) 147.
Covenant in deed, reciting that grantor would
keep a certain way to the granted premises
open till by deed he had conveyed to the gran-
tee some other way, held to be a grant creating
an easement.-Morton v. Thompson (Vt.) 88.
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