in the new company in lieu of that in the old, bridges.-Westmoreland County v. Nelson (Pa.)
company, he having taken part in the stock- 288.
holders' meetings of the new company.-Gly-
ment Improvement & Excursion Co. v. Toller
(Md.) 651.

Act April 4, 1870, requiring commissioners of
certain counties to let contracts for bridges to
the lowest bidder, does not apply to joint county See "Husband and Wife."

Credibility.

Of witness, see "Witness."

CREDITORS' BILL.

A bill to subject certain property to a judg-
ment recovered against one as executrix must
allege that the property belonged to decedent's
estate. Ferguson v. Yard (Pa.) 517.

Equity has no jurisdiction to apply the real
estate of a deceased debtor to the payment of
his debts until a deficiency is shown in his per-
sonal estate.-Macgill v. Hyatt (Md.) 710.

CRIMINAL LAW.

rect evidence, but that the sole question is
whether the jury is satisfied from the evidence
of defendant's guilt beyond any reasonable
doubt.-State v. Rome (Conn.) 57.

Arrest of judgment.

It is no ground for arrest of judgment that a
warrant for search and seizure contains a com-
mand to search the person when no such corre-
sponding allegation is contained in the com-
plaint.-State v. Chartrand (Me.) 10.
Appeal.

An error which does not prejudice defendant
will not justify the reversal of a conviction.—
Bodee v. State (N. J. Err. & App.) 681.

Error in excluding questions on the cross-ex-
amination of prosecutrix on a trial for rape held
not be cured by the subsequent offer of the
In-state to permit such questions.-State v. Hol-
lenbeck (Vt.) 696.

See, also, "Homicide"; "Indictment and
formation"; "Larceny"; "Witness.'
Particular crimes, see "Assault and Battery";
"Burglary": "Fornication": "Homicide": "In
toxicating Liquors"; "Larceny"; "Lascivious
Cohabitation"; "Robbery"; "Seduction."
Power of clerk, see "Clerk of Court."
Prosecution of corporation, see "Corporations."
A prisoner, who consented to be tried without
indictment or jury "in the manner provided by
Act March 17, 1868," will be discharged on ha-
beas corpus, if there were present only two
judges instead of three, as required by the act.
-Kampf v. State (N. J. Ch.) 318.

On appeal by the state, under statutory au-
thority, from an acquittal, a new trial may be
granted for error in the exclusion of evidence.
-State v. Lee (Conn.) 1110.

Four pages of printed matter, consisting
chiefly of argumentative comments on the
charge, is not a sufficiently direct statement
of the special errors complained of.-State v.
Lee (Conn.) 1110.

A finding of fact by the trial judge for the
purpose of appeal sufficiently shows that the
appeal was permitted by him, as required by
Gen. St. § 1637.-State v. Lee (Conn.) 1110.

A plea in abatement which alleged merely
that two of the grand jurors who returned the
indictment had not, within a year, paid any
taxes on their property, is bad.-State v. Rife See "Dower."
(R. I.) 467; Same v. Avant, Id.

Where goods were stolen in one county, and
shipped, by arrangement, to defendant in an-

Curtesy.

Custody.

other, defendant may be tried for receiving Of children, see "Parent and Child."
stolen goods in the county in which they were
stolen.-State v. Habib (R. I.) 462.

The order of proof, and the frequency with
which an answered question may be repeated,
are within the discretion of the court.-Bodee
v. State (N. J. Err. & App.) 681.

A judgment by default may be rendered, un-
der the common law, on an indictment against
a corporation for misdemeanor for want of ap-
pearance.-Commonwealth v. Lehigh Valley R.
Co. (Pa.) 836.

The fact that the information on which an in-

dictment was founded did not contain as full a
statement of the offense as the indictment is no
ground for quashing the latter.-Commonwealth
v. Carson (Pa.) 985.

Instructions.

CUSTOM AND USAGE.

Division of partition fence, see "Fences."

A guarantor of freight bills which may be
come due from defendant shipper is not relieved
from liability because the company fails to col-
lect its freight weekly, according to custom.-
Philadelphia & R. R. Co. v. Snowdon (Pa.)

1129.

The establishment of a special custom is pre-
cluded by a conflict in the testimony of credible
witnesses in reference thereto.-Stimmel v.
Brown (Del. Super.) 996.

An instruction does not invade the province of
Propriety of instructions as to exemplary dam-
the jury because it presents to them such perti- ages in an action against a railroad for an as-
nent questions, subordinate to the main ques-sault by its conductor.-Baltimore & O. R. Co.
tion, as properly arise from the evidence, and
v. Barger (Md.) 560.
which the jury should consider and decide, and
does it in a way somewhat suggestive of the
manner in which the court itself would be like-
ly to consider and decide them.-State v. Rome
(Conn.) 57.

The measure of damages for the wrongful
seizure and a sale of crops is their reasonable
value at the time of the sale; not what they
brought at the sale.-Whitney v. Adams (Vt.)

32.

It is proper to charge that there is no prac- Construction of contract by a physician not
tical difference between circumstantial and di-to practice in a certain place for 10 years, as to

whether the sum to be paid by him in case of
breach of contract was a penalty or liquidated
damages.-Wilkinson v. Colley (Pa.) 286.
Defendant cannot show damages by a letter
from plaintiff containing an offer of compromise.
-Fowles v. Allen (Conn.) 144.

Dangerous Premises.

See "Negligence."

DEATH BY WRONGFUL ACT.
See, also, "Conflict of Laws."

Case in which a verdict of $8,000 for the death
of an unskilled workman was regarded as exces-
sive.-Welch v. Maine Cent. R. Co. (Me.) 116.

No action lies for the death of one killed
through defendants' negligence in omitting to
shore up the roof of their mine.-Myette v.
Gross (R. I.) 602.

In an action for injuries causing death, evi-
dence as to money received on an insurance
policy of the deceased is inadmissible for the
purpose of reducing damages.-Coulter v. Town-
ship of Pine (Pa.) 490.

Decedents.

DEDICATION.

Where lots are sold according to a plat, it
does not amount to a dedication to public use,
where there was no acceptance on the part of
the public, or actual enjoyment thereof.-New
York & L. B. R. Co. v. Borough of South Am-
boy (N. J. Sup.) 628.

Where one who opens an alley declares his
intent to dedicate it, and applies to the city to
keep it in order, which it does, it constitutes
a dedication.-Dubois Cemetery Co. v. Griffin
(Pa.) 840.

DEED.

See, also, "Acknowledgment"; "Boundaries"
"Covenants"; "Fraudulent Conveyances'
"Mortgages"; "Vendor and Purchaser."
Alteration, see "Alteration of Instruments."
Leases, see "Landlord and Tenant."
Tax deeds, see "Taxation."

Description.

tain road, the grantee takes the fee to the
Where the deed is to land bounding on a cer-
center, it being in the grantor when the deed
was made.-Foreman v. Presbyterian Ass'n of
Baltimore (Md.) 1114.

A description in a deed examined, and held
to include the fee in the road on which the land
bounded. Foreman v. Presbyterian Ass'n of

See "Executors and Administrators"; "Wills." Baltimore (Md.) 1114.

DECEIT.

See, also, "Fraud"; "Fraudulent Conveyances."
Measure of damages in an action for deceit
in representing certain stock sold to plaintiff to
be at par, plaintiff paying only one-half the par
value.-Weaver v. Shriver (Md.) 189.

An action of deceit for fraud in the sale of
land to plaintiff by defendant's agent cannot be
maintained where defendant neither partici-
pated in nor knew of such fraud.-Freyer v.
McCord (Pa.) 1024.

Liability of one who fraudulently, but in
good faith, represented to another that a forged
signature was genuine.-Lamberton v. Dunham
(Pa.) 716.

In an action for false representations in the
sale of shares of stock, proof of the substance
and legal effect of the language is sufficient in
establishing the deceit. Weaver v. Shriver
(Md.) 189.

-

A purchaser of corporate stock, who was em
ployed by the corporation, and had ample op-
portunity to ascertain the value of the stock,
will be deemed to have had notice of its true
value.-Weaver v. Shriver (Md.) 189.

Construction and effect.

Question whether a deed reserving a life es-
tate in the grantor was a will.-Knowlson v.
Fleming (Pa.) 519.

A deed to the trustees of a church for the
use of the congregation organized to build
thereon gives the grantor no right to object to
a sale of the lot to pay off a mortgage on a lot
re United Presbyterian Church of Fleming Sta-
thereafter acquired for a church building.-In
tion (Pa.) 1012; Appeal of Teuteberg, Id.

There is no rule that if clauses in a description
of land are repugnant the first should prevail.-
Rathbun v. Geer (Conn.) 60.

Effect of reservation in deed of a right of
way.-Moffitt v. Lytle (Pa.) 922.

Effect of reservation in deed of the timber on

the land, the grantor having merely the legal
title.-Irvin v. Patchin (Pa.) 436.

An habendum clause which is repugnant to
the estate vested by the deed is void.-Foreman
v. Presbyterian Ass'n of Baltimore (Md.) 1114.

Construction of a trust deed, providing that
the income of the property be paid to the gran-
tor's wife, and that, on her death, it should be
conveyed to her children and heirs, as not being
within the rule in Shelley's Case.-Cowell v.
Hicks (N. J. Ch.) 1091.

Right of one, who purchases stock through
misrepresentations of vendor, to recover the
value of collateral security given by him for de-a private alley of the right to "build over" such
Construction of reservation in deed conveying
ferred payments.-Weaver v. Shriver (Md.) 189. alley as the same was then done.-Meigs v.
Where a purchaser of stock, after discovering
Lewis (Pa.) 505.
fraud in the sale, treats a contract as still in
force, though he cannot rescind the sale, he may
sue for deceit.-Weaver v. Shriver (Md.) 189.
Plaintiff's right of action for false representa- See "Office and Officer."
tions in making a sale to him of shares of stock
is not affected by his failure to pay the full con-
sideration provided in the contract of sale.-
Weaver v. Shriver (Md.) 189.

Declarations.

See "Pleading."

Declarations and Admissions.

See "Evidence."

De Facto Officers.

Defective Appliances.

See "Master and Servant."

Defective Bridges,

See "Bridges."

Defective Streets.

See "Municipal Corporations."

Of condemnation proceedings, see "Eminent Do- tator's intention that land devised to his widow
main."

EJECTMENT.

See, also, "Adverse Possession."

An equitable title will not support ejectment.

A divorce for desertion will not be granted-Windsor v. Bacon (Del. Super.) 638
where the parties have met in friendly relations
within two years of the filing of the petition,
and defendant within that time has given plain-

In ejectment by grantors in an oil lease
against a squatter, where plaintiffs establish a
prima facie case, defendant cannot show want

of diligence, as required under the lease of
plaintiffs.-Bartley v. Phillips (Pa.) 842.

Where defendants, in ejectment by the lessee,
admit title in the lessor, evidence of abandon-
ment by plaintiffs will not support a compul-
sory nonsuit.-Bartley v. Phillips (Pa.) 842.
Equitable defense based on a resulting trust
in favor of defendant held to be insufficiently
supported by the evidence, so as to justify di-
rection of a verdict for plaintiff.-Gilchrist v.
Brown (Pa.) 839.

The rights of one in possession of land under
a lease giving him the right to purchase, and
who has given notice of his election to pur-
chase, cannot be litigated by the landlord in
ejectment.-Mack v. Dailey (Vt.) 686.

Election.

To take devise in lieu of dower, see "Dower."

condemned lands upon payment of the amount
The right of a railroad company to enter upon
found by the jury on an appeal from the com-
missioners is not stayed by the suing out of a
writ of error by the owner of the land.-Na-
tional Docks & N. J. Junction Connecting Ry.
Co. v. Pennsylvania R. Co. (N. J. Ch.) 1102.
Compensation.

Right of landowner to damages on account of
injury to other land than that condemned,
which lay on the opposite side of the Morris
canal, on the ground that previously he could
have connected the two tracts by a railroad.-
Bergen Neck Ry. Co. v. Point Breeze Ferry &
Imp. Co. (N. J. Err. & App.) 584.

Mere location of a street on the plans of a
city is not a "taking" or "injury" of property.

ELECTIONS AND VOTERS.
School trustees are officers, within the consti--Busch v. City of McKeesport (Pa.) 1023.
tution, so that, if they are made elective by the
people, only male citizens can vote for them.-
Kimball v. Hendee (N. J. Sup.) 894.

Under Act 1893, in regard to elections, where
blank slips are pasted over the column of the
ballot on which is printed the title of the office
and the printed directions, the ballot is void.-
In re Contested Election of School Directors
of Little Beaver Tp. (Pa.) 955; Appeal of Mc-
Cowin, Id.

Where the returns show that O. received 260
votes, that Allen Benny received 259 votes, and
that
Benny received one vote, they show
the election of O.-O'Brien v. Board of Council-
men of City of Bayonne (N. J. Sup.) 430.

Where the trustees of an insane asylum have
condemned land under Act May 6, 1891, and
appraisers have been appointed and an award
made, they cannot discontinue the proceedings.
-Wood v. Trustees of State Hospital for the
Insane at Warren (Pa.) 237.

Where a railroad company cannot agree with
the owner because the lands are under a long
lease, a case arises for the exercise of the pow
er of condemnation.-Pennsylvania R. Cô. v.
National Docks & N. J. Junction Connecting R.
Co. (N. J. Sup.) 183.

Question whether the use of a toll bridge, form-
ing part of a highway, by a street-railway com-
pany, constituted a taking of private property in
Pittsburgh & W. E. Pass. Ry. Co. v. Point
the exercise of the power of eminent domain.-
Bridge Co. (Pa.) 511.

A provision in a lease that condemnation of
the property should terminate the lease, but
should not affect the right to damages, is no
bar to a claim for damages.-Boteler v. Phila-

delphia & R. T. R. Co. (Pa.) 303.

A witness experienced in renting buildings
for lodge purposes may testify as to the value
of a leasehold for that purpose.-Boteler v. Phil-
adelphia & R. T. R. Co. (Pa.) 303.

EQUITY.

"Discovery";

See, also, "Creditors' Bill";
"Fraud"; "Fraudulent Conveyances"; "Injunc-
tion"; "Mortgages"; "Partition": "Partner-
ship"; "Receivers"; "Specific Performance";
"Trusts.'
Review of master's findings, see “Appeal.”

A receipt for money will not be canceled to
prevent suit thereon where the orator has an
adequate remedy at law.-Druon v. Sullivan
(Vt.) 98.

Actions by two heirs on a receipt given to de-
cedent for money alleged to have been after-
wards paid do not show such multiplicity of
suits as to require equitable interference.-
Druon v. Sullivan (Vt.) 98.

forfeiture.-Worthington v. Moon (N. J. Ch.)
Equity will not aid in the enforcement of a

251.

Land in public street may be condemned as
A suit between a county, the county treasur-
against private owner of the fee.-Pennsylvania
R. Co. v. National Docks & N. J. Junction Con-rants held by the bank against the county sur-
er, and the assignees of a bank, to have war-
necting R. Co. (N. J. Sup.) 183.

A railroad company may condemn land for
its prospective necessities. - Pennsylvania R.
Co. v. National Docks & N. J. Junction Con-
necting R. Co. (N. J. Sup.) 183.

An application to condemn the lands of a
transportation company will be deemed an ap-
plication for the purpose of crossing only.-
Pennsylvania R. Co. v. National Docks & N. J.
Junction Connecting R. Co. (N. J. Sup.) 183.

A lessor and lessee are not entitled to have
their estates condemned separately.-Pennsyl-
vania R. Co. v. National Docks & N. J. June-
tion Connecting R. Co. (N. J. Sup.) 183.

The right of entry of a railroad company,
after condemnation of lands, upon payment of

rendered, and the amount charged against the
account of the county treasurer, is of equitable
jurisdiction. - Crawford County v. Merchants'
Nat. Bank (Pa.) 302.

-

An auditor, in the matter of an assigned es-
tate, should not take pay from the assignee
without an order of court, or the knowledge
and consent of parties interested.-In re Pow-
el's Estate (Pa.) 373; Appeal of Brisbin, Id.

A creditor of one who has made an assignment
for creditors may properly enforce, by bill in
equity, the trusts under the assignment.-Pea-
body v. Tenney (R. I.) 456.

Equity has jurisdiction of matters in dispute
between parties to a suit, the adjudication of
which may affect the integrity of a trust fund