A demurrer reaches back through the whole
record.-Railton v. Taylor (R. I.) 980.
Defects, and aider by verdict.
Complaint on a liquor dealer's bond, defective
in alleging that defendant was charged in one
criminal prosecution with two offenses, held heal-
ed by a finding by the trial court, the cause be-
ing tried without a jury.-Jacobs v. Holgenson
(Conn.) 914.
Objection to an amendment is immaterial when
the verdict is sustained without aid from it.-
Whitehouse v. Whitehouse (Me.) 374.
Of ward's bank stock by guardian, see "Guard-
ian and Ward."
A pledge cannot be created without a trans-
fer of the thing pledged to pledgee or his agent.
-Textor v. Orr (Md.) 939.
See "Appeal and Error"; "Appearance"; "At-
tachment": "Certiorari": "Limitation of Ac-
tions"; "Pleading"; "Tender"; "Trial"; "Ven-
ue."
Accounting by executor or administrator, see
Prosecution of actions in general, see "Action."
"Executors and Administrators."
Effect of proceedings in insolvency, see “In-
solvency."
In assignment for benefit of creditors, see "As-
signments for Benefit of Creditors."
Ground for reversal in civil actions, see "Ap-
peal and Error."
Where pledgee does not remove the pledged
property or take possession actually or con-
structively, the pledge is not good as against See "Injunction."
the pledgor's receiver.-In re Johnson (Pa.)
1029; Appeal of Graham, Id.; Appeal of
Byrnes, Id.
Where stock was given as security, held, that
the subsequent execution of mortgages as secu-
rity did not release the stock.-Blake v. Domes-
tic Manuf'g Co. (N. J. Ch.) 241; Same v. Domes-
tic Sewing-Mach. Co., Id.
Of municipality, see "Municipal Corporations."
Of insurance, see "Insurance."
For insurance, see "Insurance."
To loan association, see "Building and Loan
Associations."
Acquisition of rights, see "Adverse Possession."
On appeal or error, see "Appeal and Error."
PRINCIPAL AND AGENT.
See, also, "Attorney and Client."
Admissions by agent, see "Evidence."
Of water course, see "Waters and Water Insurance agents, see "Insurance."
Courses."
An agent, with power to sell, who, without
fraud, exceeds his authority, and accepts bonds
instead of money in payment, held liable only
for the market value of the land.-Paul v.
Grimm (Pa.) 1017.
Evidence held to show fraud in purchase of
land by agent so as to render him liable for
the difference between the price paid and the
price claimed to have been paid.-Yeaney v.
Keck (Pa.) 1041.
Evidence held to show ratification of sale by
an agent.-Curnane v. Scheidel (Conn.) 875.
One who purchased from an agent held not
Of demised premises, see "Landlord and Ten- entitled to defend an action for the price by
A railroad, the mail route of which does not
run within a half a mile of another railroad mail
route, is not obliged to transfer mail thereto, by a
contract to transfer mail at meeting points, to be
forwarded by connecting trains, although the
passenger trains of the two roads do meet.-John-
son v. Boston & M. R. Co. (Vt.) 267.
Where plaintiff was under government contract
to carry mail between one post office and also
defendant's trains and another post office, includ-
ing transfers, he was bound to transfer all mail
between defendant's and other connecting trains.
-Johnson v. Boston & M. R. Co. (Vt.) 267.
Creation by will, see "Wills."
the undisclosed principal by showing that he
had credited the goods on a claim against the
agent.-Bertoli v. Smith (Vt.) 76.
Where an agent sold goods without disclos-
ing the principal, and the principal understood
that the buyer had paid the agent, which was
not the fact, held that a suit by the principal
against the agent did not bar a subsequent ac-
tion by the principal against the buyer.-Ber-
toli v. Smith (Vt.) 76.
Evidence held insufficient to establish agency.
-Bennett v. Talbot (Me.) 112.
der contract to sell goods only at list prices,
Buyer, with knowledge that principal was un-
held bound to inquire as to agent's authority to
sell at discount.-Brown v. West (Vt.) 87.
Evidence held sufficient to show that a pur-
chase by plaintiff was made as agent, and not
for himself personally.-Dent v. Huntley (Pa.)
505.
Liabilities of sureties on bonds in legal proceed- See "Bills and Notes."
ings, see "Appeal and Error"; "Injunction."
Failure of levy court under 15 Del. Laws, c.
342, to take from a defaulting county tax col-
lector, on application of his sureties, the power
to collect uncollected taxes, held not to dis-
charge the sureties on his bond.-Stoeckle v.
Lewis (Del. Ch.) 1059.
Of cemetery association, see "Cemeteries."
By paying a part of the second installment Of loss insured against, see "Insurance."
under a building contract before it was due,
the surety of the contractor was discharged.-
Welch v. Hubschmitt Building & Woodwork-
ing Co. (N. J. Sup.) 824.
Within statute casting lien on lands for debt
of ancestor, held surety on administrator's bond
became indebted immediately on default of ad-
ministrator.-Ransom v. Brinkerhoff (N. J. Ch.)
Rights of co-sureties on a note determined.-
Heist v. Tobias (Pa.) 579.
Sureties on tax collector's bond are not re-
leased by collector's discharge under insolvency
proceedings, where the debt is covered by the
bond.-Town of Pawlet v. Kelley (Vt.) 92.
The rights of sureties after judgment obtain-
ed against them determined.-Jacobs v. Juniata
Valley Canning Co. (Pa.) 476.
Of mortgages, see "Mortgages."
PRIVATE NUISANCE.
PRIVATE ROADS.
Rights of way, see "Easements."
Exemption from service of process, see "Pro-
cess."
PRIVILEGED COMMUNICATIONS.
See "Libel and Slander."
Abuse of, see "Garnishment."
In the absence of a decision by the supreme
court of the United States, exempting congress-
men from service of summons in civil cases issued
out of a state court, the state supreme court will
not sustain a motion to quash such service.
Bartlett v. Blair (N. H.) 1004.
Division of, see "Partnership."
Adverse possession, see "Adverse Possession."
Estates, see "Estates."
Particular species of, see "Fixtures"; "Logs
and Logging"; "Mines and Minerals"; "Trade-
Marks and Trade-Names."
Taking for public use, see "Eminent Domain."
PROSECUTING ATTORNEYS.
See "District and Prosecuting Attorneys."
PROVINCE OF COURT AND JURY.
In civil actions, see "Trial."
In civil actions, see “Trial.”
PROXIMATE CAUSE.
Of injury, see "Negligence."
Taking property for, see "Eminent Domain."
Widow's quarantine, see "Dower."
QUESTIONS FOR JURY.
In civil actions, see "Trial."
A bill to quiet title will lie, where complain-
ant is in possession, and defendant, though
claiming title, has exerted no possessory acts
upon the land which would confer upon com-
plainant the right to bring ejectment.-Penrose
v. Steelman (N. J. Ch.) 807.
Where the eligibility of an important officer to
hold office is contested, an information may be
filed, and, if sustained, a judgment of ouster will
be rendered, though no one has been elected to
the office.-State v. McGeary (Vt.) 165.
See, also, "Carriers"; "Street Railroads."
Gen. St. c. 144, § 5, providing that net receipts
of railroad corporations above 10 per cent. shall
be paid into the treasury, held constitutional.-
Of marriage, see "Breach of Marriage Prom- State v. Manchester & L. R. R. (N. H.) 736.
Of payment, see "Payment."
A railroad charter authorizing the company to
lay tracks between certain termini involves no
necessity of running longitudinally along a street.
-Inhabitants of City of Burlington v. Pennsy!-
vania R. Co. (N. J. Ch.) 849.
Without statutory authority, expressly given
or arising from necessary implication, a railroad
placed longitudinally in a street is a nuisance.-
Inhabitants of City of Burlington v. Pennsylva-
nia R. Co. (N. J. Ch.) 849.
Where the charter of a street-railway com-
pany provided for the crossing of tracks of any
railroad at grade, injunction will not lie to pre-
vent such railway from crossing the tracks of
a steam railway.-Philadelphia, W. & B. R.
Co. v. Wilmington City Ry. Co. (Del. Ch.) 1067.
A railroad company owning riparian lands, and
diverting water to supply its locomotives, does
not thereby exercise the right of eminent domain,
and hence, regardless of the needs of its busi-
ness, it cannot enjoin the taking of water by an-
other, proceeding under the power of eminent
domain. Philadelphia & R. R. Co. v. Pottsville
Water Co. (Pa.) 404.
A railroad company can be required to give
only such signals at crossings as are required
by legislature.-Philadelphia & R. R. Co. v.
State (N. J. Sup.) 820.
it was not willfully or recklessly negligent.-Sey-
mour v. Central Vermont R. Co. (Vt.) 236.
been used by the public as a passageway, held
A person injured on the track, which had long
entitled to recover.-Seymour v. Central Vermont
R. Co. (Vt.) 236.
An allegation that a long rope was allowed to
hang beside the train held capable of being con-
remain there.-Seymour v. Central Vermont R.
strued that defendant knowingly allowed it to
Co. (Vt.) 236.
In an action for fire set by a locomotive, it was
competent to show that it had set other fires
in the neighborhood on the same trip.-Thomas
v. New York, C. & St. L. R. Co. (Pa.) 413.
Evidence held sufficient to warrant submission
to the jury of the question whether fire set by a
locomotive was the result of defendant's negli-
gence. Thomas v. New York, C. & St. L. R.
Co. (Pa.) 413.
Gen. St. § 1407, legally designates the common-
law crime of attempt to rape.-Rookey v. State
(Conn.) 911.
Under Pub. St. c. 159, § 1, making it the duty
of railroads to provide suitable crossings, a rail-
road must furnish lights for an overhead bridge,
Verdict held to sufficiently designate the crime.
which public safety requires to be lighted.-City-Rookey v. State (Conn.) 911.
of Concord v. Boston & M. R. R. (N. H.) 378.
An agreement by one whose land has been ap-
propriated, releasing all claims for damages which
shall be sustained by the location and operation Of act of agent, see "Principal and Agent."
of the railroad, did not release damages for sub-
sequent negligence of the company in constructing of contract for sale of land, see "Vendor and
of town board, see "Towns.'
an embankment.-Brown v. Pine Creek Ry. Co.
Purchaser."
(Pa.) 401.
A railroad is liable for injury to the adjoining
property of one whose land it had appropriated,
caused by building an embankment insufficient to Evidence, see "Trial."
vent the water of a stream during an ordinary
flood.-Brown v. Pine Creek Ry. Co. (Pa.) 401.
An instruction as to what the jury might con-
sider in determining what is an extraordinary
flood held proper.-Brown v. Pine Creek Ry. Co.
(Pa.) 401.
In an action to recover damages caused by the
negligent construction of a bridge, the burden
was on defendant to show that the bridge was
built before said release was given.-Brown v.
Pine Creek Ry. Co. (Pa.) 401.
Whether the Johnstown flood of 1889 was ex-
traordinary on a particular stream held a ques-
tion for the jury.-Brown v. Pine Creek Ry. Co.
(Pa.) 401.
Operation-Accidents at crossings.
A railroad company held liable where steam
suddenly escaped from an engine standing near
a crossing, and as a result plaintiff's intestate,
who was driving by, was killed because of a
runaway. Boothby v. Boston & M. R. R.
(Me.) 155.
Evidence as to liability of a horse to take fright
in the presence of a moving train held admissible
on the question of contributory negligence of the
driver.-Folsom v. Concord & M. R. R. (N. H.)
Whether the fact that there was no flagman,
together with other facts, showed the company
guilty of negligence, resulting in the death of a
person at a crossing, held for the jury.-Folsom
v. Concord & M. R. R. (N. H.) 209.
Whether one killed at a crossing was guilty of
contributory negligence, held for the jury.-Fol-
som v. Concord & M. R. R. (N. H.) 209.
Injuries to persons on track.
Where one was injured on a track long used
by the public as a highway, held that defendant
was not excused from liability by the fact that
Of corporations in general, see "Corporations."
A bill directing the appointment of a receiver
held insufficient in failing to state the nature
of plaintiff's interest in the matter.-Anderson
V. Cecil (Md.) 1074.
Allegations in bill for appointment of re-
ceiver held not to justify the same without a
hearing on the part of defendant.-Anderson
v. Cecil (Md.) 1074.
Rights of holders of receiver's certificates, is-
sued on operation of the works of a manufac-
turing corporation, determined.-Lewis v. Lin-
den Steel Co. (Pa.) 606.
waived by a receiver of a credit insurance com-
Sufficiency of notice and proof of loss held
pany.-Gray v. Blum (N. J. Err. & App.) 646.
Where receiver does some act implying that
he will not insist on proper proofs of loss, he
cannot thereafter set up the omission against
an allowance of a claim.-Gray v. Blum (N. J.
Err. & App.) 646.
A receiver in the state of a foreign corpora-
tion is not subject to the direction of a domicili-
ary receiver.-Irwin v. Granite State Provident
Ass'n (N. J. Ch.) 680.
Where a foreign corporation doing business in
the state has passed into the hands of a receiver
in the state of its domicile, a local receiver will
be appointed.-Irwin v. Granite State Provident
Ass'n (N. J. Ch.) 680.
Under Act Cong. March 3, 1887, it is unneces-
sary to obtain permission from a federal court
to sue a receiver of such court.-Meyer v. Har-
ris (N. J. Sup.) 690.
A party can have a rule of reference dis-
charged, the referee not having made his re-
For instructions to jury in civil actions, see
"Trial."
Of goods by seller, see "Sales."
Of contract for sale of land, see "Vendor and
Purchaser."
port at the term required.-Jeffers v. Hazen In civil actions, see "Evidence."
(Vt.) 86.
See "Accord and Satisfaction"; "Payment.
Of damages against railroad, see "Railroads." Of city council, see "Municipal Corporations."
Of mortgages, see "Mortgages."
Under Gen. St. §§ 905, 1330, defendant in re-
plevin, under the general issue with notice,
may prove that plaintiff brought title through a
fraudulent conspiracy. - Smith v. Brockett See "Waters and Water Courses."
(Conn.) 57.
Where the demand for property replevied was
made by an agent whose instruction was by let-
ter, the letter is admissible in evidence.-State See "Master and Servant."
Bank of City of New York v. Waterhouse (Conn.)
904.
Where property sold conditionally was attach- Of corporations, see "Corporations."
ed, and afterwards, on the buyer's breach, the
seller resold it to the attaching creditor, held, that
the original buyer lost all rights by the refusal to
pay the price as agreed, and hence the attach-
ing officer properly surrendered the property to
the attaching creditor.-Webber v. Osgood (N.
Delay in shipping goods held unreasonable, so
that the seller could not maintain an action for
the price.-Rhoades v. Cotton (Me.) 367.
A warrant to search for intoxicating liquors
remains in force for a reasonable time, and an
apparently needless delay for three days in the
execution of a search warrant held unreasonable
and unlawful.-State v. Guthrie (Me.) 368;
Same v. Ford, Id.
A seller agreeing to deliver timber over the
rail of a vessel stands the loss of timber washed
away by the tide when deposited on a dock, where Of insolvent's property, see "Insolvency."
the purchaser was not remiss in sending a vessel.
-Parker v. Selden (Conn.) 212.
"Spring shipment," within a contract of sale In criminal prosecutions, see "Criminal Law."
specifying such time for delivery, cannot extend
beyond July 1st, as a matter of law.-Parker v.
Selden (Conn.) 212.
Where no time was fixed for delivery of tim- Of married woman, see "Husband and Wife."
ber to be delivered over the rail of a vessel, other
than that it should be ready for spring shipment,
the purchaser was not bound to have a vessel
ready until after reasonable notice.-Parker v. Agreement for, see "Husband and Wife."
Selden (Conn.) 212.
Where plaintiff's grantee had authority to dis-
pose of property in any way he saw fit, but
was required to give plaintiff the proceeds, held, Of process, see "Process."
that one who purchased for value, but with
knowledge of plaintiff's rights, acquired no title
as against plaintiff, where the sale was fraudu-
lent.-Ufford v. Winchester (Vt.) 239.
Where, however, the sale was bona fide, the
purchaser was not bound to show that the pro-
ceeds thereof were paid to plaintiff.-Ufford v.
Winchester (Vt.) 239.
Where a bill of lading of goods is sent, ac-
companied by a sight draft, to be paid before de-
livery of the bill, title to the goods does not pass
until such payment is made.-Burditt v. Howe
(Vt.) 240.
Where goods were sold for future delivery,
held, that the question whether the title passed
was for the jury.-Dudley v. Poland Paper Co.
(Me.) 157.
Statement in letter of purchaser held not an
absolute refusal to accept.-Bascom v. Danville
Stove & Manufacturing Co. (Pa.) 510.
As against subsequent bona fide purchasers
and attaching creditors, there must be delivery
of the personalty sold.-Cummings v. Gilman
(Me.) 538.
Title to personalty passes between the parties
and strangers by sale without delivery.-Cum-
mings v. Gilman (Me.) 538.
Where goods are sold to two different persons
by conveyances equally valid, the one first ac-
quiring possession holds against the other.
Cummings v. Gilman (Me.) 538.
See "Accord and Satisfaction"; "Payment."
Of mortgage, see "Mortgages."
SERVICES.
See "Work and Labor."
See "Accord and Satisfaction"; "Payment."
By executor or administrator, see "Executors
and Administrators."
Defects or obstructions, see "Municipal Cor-
porations."
SHERIFFS AND CONSTABLES.
2 Gen. St. p. 1915, § 4, for sale of tenant's chat-
To hold a sheriff liable to a landlord, under
tels under execution, without paying rent then
due, notice that rent was due is necessary.—
Hand v. Howell (N. J. Sup.) 748.
Declaration in an action for false return con-
strued.-Astor v. Heller (N. J. Sup.) 819.
sheriff on sale thereof under execution because
An owner of goods held not estopped to sue
of notice given by him at the sale.-Portland
Lumber Co. v. Kiehl (Pa.) 998.
the owner of the goods held a purchase by the
Purchase at illegal sheriff's sale by the agent of
owner, so as not to increase the measure of dam-
ages.-Portland Lumber Co. v. Kiehl (Pa.) 998.
At crossing, see "Railroads."
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