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Refusing to interfere with corporate, inal, as they are not acting in a common
management.

77 purpose. Nevertheless, if the offense is com-
Refusal to aid either party to illegal mitted by the person charged, as to every
transaction.

91. element thereof, he may be found guilty,
Jurisdiction of supreme court to prevent

notwithstanding the complicity of the de-
tective.

Id.
excess of jurisdiction by inferior court;
right of justice having jurisdiction of

3. The fact that the owner of a building
charge to admit to bail; concurrent juris- to whom a detective disclosed that it was
diction of prosecution in two or more coun- probably about to be burglarized by a per-
ties; jurisdiction of justice residing nearest

son named, with the feigned assistance of
courthouse to issue warrant of arrest and himself, acting for the purpose of securing
take bail.

271

evidence of the intended burglary and
Jurisdiction limited to territorial limits other crimes, did not take steps to prevent
of state in which established.

the burglary, but passively allowed it to
674

go on, is not a consent to the burglary that

will be a defense to the burglar. Id.
COVENANT.
To Pay Rent; Breach of, see BANK- Necessity of Indictment.
· RUPTCY, 6.

4. Indictment by a grand jury is not nec-
Measure of Damages for Breach of, see

essary to due process of law, so as to pre-
DAMAGES, 2, 6.

clude the institution of a criminal prose-
Right of Recovery for Construction of cution by information. State v. Gugliel-
Embankment,
EMINENT Domo (Or.)

466
MAIN, 7-12.

5. Under a constitutional provision for
Recovery for Improvements on Breach the constitution of a grand jury, which
of, see IMPROVEMENTS.

empowers the legislature to modify or abol-
By Tenant; Forfeiture for Breach of, ish it, provision may be made for the in-
see LANDLORD AND TENANT, 2.

stitution of criminal proceedings by in-
Restoration of possession is an indis- the grand jury.

formation without the entire abolition of

Id.
pensable ingredient of a decree in equity in

Extent of punishment.
favor of a vendee for breach of a covenant
of seisin made by an outstanding contin-

6. Where a statute prescribes a fine as
gent remainder, where his deed gave him at

the punishment for giving liquor to minors,
least a life estate, and he has had the ben the court has no authority to impose im-
efit of possession. Brannon

therefor. Pressly State
(Tenn.)

(Tenn.)
760

291

NOTES AND BRIEFS.
CRIMINAL LAW.
Place of Trial of Crime Committed in See also TRIAL.
Two Counties, see COURTS, 1, 2.

Criminal law; proceedings before grand
Effect of Arrest in Court of One Coun jury as part of prosecution; what consti-

ty for Purpose of Preventing Trial tutes an attempt to commit crime; solici-
Elsewhere, see COURTS, 10.

tation as attempt; offer by public officer to
For Indictment, Generally, see IndiCT receive bribe as criminal offense. 176
MENT AND INFORMATION.

Statute providing that, if jurisdiction of
Power of Legislature to Expel Mem- offense be in two counties, accused shall be

ber for Bribery before Conviction, tried in county where first arrested. 271
see LEGISLATURE, 4.

Criminal liability where crime is insti-
See also APPEAL AND ERROR, 27. gated by detective and consented to by party
Criminal liability; apparent co-oper-

injured.

406
ation of detective.

Criminal liability for violation of statute
1. Upon the trial of one charged with without wrongful intent.

669
burglary, the mere fact that one who was Right to institute criminal prosecution
present with an assisted him in the burg. by information; right of one to preliminary
lary was a detective is not a defense, if the examination before prosecution for crime;
detective did not instigate the crime, and it necessity that prosecution be instituted by
was committed, as to every ingredient of district attorney; necessity that indictment
it, by the criminal. State v. Currie (N. be signed by district attorney; puwer of at-
D.)

405 torney general at common law to file crim-
2. The acts of a detective who apparently inal information er officio in case of felony;
assists in a burglary for the purpose of se necessity that information be verified by
curing evidence of the same and other of aflidavit; sufficiency of signing of name of
fenses are not to be imputed to the crim- | district attorney by his deputy. 467

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Curtis prisonment

V.

CURTESY.

mill, by means of the same improvements,
1. A fee-simple estate is vested in a | for others, not keeping separate accounts of
woman by a deed to her and her body heirs, the expenditures, may be allowed, upon an
in which her husband is entitled to curtesy, inquiry as to the amount necessary to com-
although the grant is expressly made free pensate him for his services and outlay,
from his debts and liabilities. Bingham v. when he has been prevented from complet-
Weller (Tenn.)

370 | ing his contract, to charge up his entire
2. A man is deprived of his curtesy in- outlay on all the work done, and credit all
terest in land by conveying it to his wife to

sums received on account thereof, when it
her sole, separate, and exclusive use, free is shown that all the work was profitable so
and discharged from all his control and lia- far as executed, and that the accounts can-
bilities.

Id.
not be separated.

Id.

5. To entitle an employee to damages
CUSTOM.

against his employer for breach of the con-
To Search Prisoners, Exclusion of Ev- tract by disposing of all his property so

idence as to, see EVIDENCE, 24. that no more services could be rendered, he
Of Commission Merchants, see FAC- must show that he has not been able to earn
TORS, 2.

an equal amount elsewhere. Busell Trim-
as to who Shall Furnish Scaffolding; mer Co. v. Coburn (Mass.)

821
Effect of Servant's Knowledge of, 6. The rental value of the premises dur-
see MASTER AND SERVANT, 7.

ing the possession of the zendee must be

deducted from his recovery for breach of a
DAMAGES.

covenant of seisin, which is made by an
Reversal for Excessiveness, see AP- outstanding contingent remainder, where
PEAL AND ERROR, 18.

his deed gave him at least a life estate, and
Conflict of Laws as to, see CONFLICT the life tenancy has continued so as to pre-
OF LAWS, 1.

clude the remainder-men from demanding
Burden of Proof as to, see EVIDENCE, 7. rents for any part of the time. Brannon
v. Curtis (Tenn.)

760
Duty to keep down damages.
1. It is the duty of the injured party,

7. In an action on a contract to convey
when a contract is broken, to minimize the unimproved land with warranty of title, to
loss and injury, when it is practicable to recover damages for failure to convey, the
do so by a reasonable outlay of money; but vendor's title proving defective, the value
such outlay is to be allowed him as a part of buildings placed on the land by the ven-
of his damages.

Griffith v. Blackwater dee, without the request of the vendor, be-
Boom & L. Co. (W. Va.)

124 fore the time fixed for conveyance has ar-
Nominal damages.

rived, cannot be recovered by the vendee.
2. In an action on contract for breach of

Gerbert v. Congregation of the Sons of
Abraham (N. J. Err. & App.)

764
covenant to convey real estate with war-
ranty of title, where the vendor's title is In admiralty; division of damages.
defective, only nominal damages can be re-

8. Negligently sitting within the bight of
covered. Gerbert v. Congregation of the a hawser which is subject to strain will
Sons of Abraham (N. J. Err. & App.)

764 bring one within the admiralty rule of ap-
On contracts.

portionment of damages in case both parties
Recovery for Improvements on Breach

are in fault, where, by reason of the negli-
of Covenant, see IMPROVEMENTS.

gence of the vessel, the strain is put upon
3. When a contractor, by reason of the the line in such a way that the bitt around
termination of a partly executed contract, which it runs gives way and he is thrown
is entitled to compensation for services and overboard by the sweeping forward of the
outlay, part of which have been made in line. Steam Dredge No. 1 (C. C. App. Ist

C.)

293
effecting permanent improvements, the serv-
ice and expenditures relating to such im- For personal injuries.
provements are not apportioned between the See also supra, 8; infra, 13.
executed and unexecuted parts of the con 9. Damages for future suffering because
tract. Griffith v. Blackwater Boom & L. of a negligent injury may be allowed where
Co. (W. Va.)

124 plaintiff is still suffering at the time of
4. A contractor who, in the prosecution trial, and experts testify that the injury
of work under his contract for cutting logs will probably be permanent. Cotant v.
and hauling and driving them to a mill by Boone Suburban R. Co. (Iowa)

982
means of a railroad, tramroads, and booms For deceit.
and dams in a river, constructed by him for 10. In an action to recover damages for
the purpose, puts in timber to the same fraudulent representations by which the

see

plaintiff was induced to exchange real

NOTES AND BRIEFS. property for stock in a corporation, the measure of recovery, in the absence of a Death; statutory right of action for;

706 claim for special or exemplary damages, is strict construction of. the difference in value between what was

DECEIT. received or parted with, as the case may be,

See FRAUD. and what would have been received or parted with, had the representations been true, where he affirmed the contract after discov: DEEDS.

Setting aside in Equity, CONering the deceit. Beare v. Wright (N. D.)

409

TRACTS, 4.

Interest Passing by Deed to Woman In condemnation proceedings.

and Her Bodily Heirs, see CUR11. A state statute acquiescing in an at

TESY, 1. tempt by the Federal government to acquire land within the state for the use of

Delivery. such government does not entitle the gov Parol Evidence of, see EVIDENCE, 12, 13. ernment to employ the local rule of dam

See also ESCROW. ages as the measure of its liability for property taken. Nahant v. United States (C. 1. Even though a valid delivery of a C. App. Ist C.)

723 deed had not been made at the time of its Mental anguish.

execution, still the grantor may, after he 12. Mere disappointment and regret are

has acquired complete knowledge of the not included in the rule allowing damages ful taking of the deed by the grantee, and

facts of the transaction, ratify the wrong. for mental anguish upon failure of a tele. graph company promptly to deliver a death

thereby perfect the title. Whitney v. Dew

572

ey (Id.) message. Hancock v. Western U. Teleg. Co. (N. C.)

403

2. The delivery to the grantee of a war13. Physical and mental suffering aris

ranty deed executed free from any condiing out of a personal injury may be taken title is absolute, and title vests at once,

tions or qualifications as to the vesting of into consideration in establishing damages. Pittsburgh, C. C. & St. L. R. Co. v. Mont- although the delivery is accompanied by a

875 gomery (Ind.)

contemporaneous parol agreement to the ef

fect that the grantee shall form a corpoPunitive damages.

ration and deed the property to such corNecessity of Allegations as to, see

poration, and thereupon pay the grantor PLEADING, 5.

$1,000 cash and deliver to him $5,000 worth 14. Punitive damages may be allowed for of first-mortgage bonds of the corporation the cutting of trees upon the sidewalk for secured on the property so deeded, and the the accommodation of electric-light wires, deed is placed in the hands of the grantee in entire disregard of the rights of the to facilitate such transaction.

Id. abutting owner, and against his protest.

3. A grantor cannot, by warranty deed Brown v. Asheville Electric Co. (N. C.)

absolute on its face, and free from condi631

tions or restrictions, convey such a title to

his grantee as will enable the grantee to NOTES AND BRIEFS.

pass a good title to a specific corporation,

and at the same time attach such parol Damages; exemplary; verdict for, not conditions to the deed upon its delivery as set aside unless grossly excessive. 120 to preclude the grantee from transferring For mental anguish in telegraph cases;

an equally good title to any other person disappointment and regret not included in. or corporation.

Id. 403 Description of property. Measure of, for fraudulent representa

4. A tract of land is sufficiently described tions.

409 in a deed by referring to it by the number For loss of hand; what deemed excessive. of its government patent, in which it is

709

definitely described. Wheeler Clark (Tenn.)

732 For breach of covenant as to title in contract for sale of real estate; where vendee

NOTES AND BRIEFS. has placed improvements on property. 761

Deed; how question whether deed passes DEATH.

title determined; delivery of deed to Bank Paying Money out of Deposit grantee as an escrow; right to show that

or's Account After, see BANKS, 6. deed absolute on its face was delivered in

V.

escrow; what constitutes complete delivery; | DERRICK.
no delivery without acceptance; presump Proximate Cause of Injury by Fall of
tion of acceptance by grantee.

573

Derrick, see PROXIMATE CAUSE, 3.
Conditions in; condition subsequent; re-
version of title for breach of; necessity of

DETECTIVE.
re-entry or some equivalent act to revest

Apparent Co-operation by, in Burg-
title; effect of acceptance of deed and pos-

lary, see CRIMINAL LAW, 1-3.
session of land to bind grantee to condi-

DIRECTION OF VERDICT.
tions; necessity of demand of performance

See TRIAL, 20.
of condition; waiver of condition; effect of
breach followed by re-entry on intermedi-

DISCHARGE.
ate rights acquired by third parties; strict
construction of condition; grantor only en-

In Bankruptcy, see BANKRUPTCY, 7, 8.
titled to take advantage of breach ; effect of

DISCRIMINATION.
conveyance to third party before re-entry;
waiver of condition subsequent; by silent

By Carrier, see CARRIERS, 11-14.
acquiescence in grantee's failure to per-

Against Nonresidents, see CONSTITU-
form.

840

TIONAL LAW, 7.

In Ordinance, see MUNICIPAL CORPO-
DEFENSE.

RATIONS, 2.
Discharge in Bankruptcy of Individ-

In Water Rates, see WATERS, 3-5.
ual Partner in Action against
Firm, see BANKRUPTCY, 8.

DISMISSAL.
To Note, see Brils AND Notes, 2-4.

Of Action, see ACTION OR Suit, 3.
Apparent Co-operation in Burglary,
see CRIMINAL LAW, 1-3.

DISTRICT ATTORNEY.
In Action for Replevin, see REPLEVIN,

Judicial Notice of Appointment of
7.

Deputy, see EvideNCE, 3.
Availability of Defense that Statute is

Signing of Information by Deputy, see
Unconstitutional as to Other Cor-

INDICTMENT AND INFORMATION,
porations, see STATUTES, 1.

2-4.

Oath to Information by, see INDICT-
DEFINITION.

MENT AND INFORMATION, 7.
Established Business. See EMINENT
DOMAIN, 13.

DIVIDENDS.
Gross Negligence. See NEGLIGENCE, Rights of Life Tenant as to, see LIFE
2.

TEXANTS, 3-6.
Legatee. See INSURANCE, 5.
Relative. See INSURANCE, 4.

DIVORCE.

Power of Courts over Land in Other
DELIVERY.

State, in Action for, see COURTS,
Of Deed, see DEEDS, 1-3; ESCROW;

3.
EVIDENCE, 12, 13.

Condonation of Adultery as Justifica-

tion for Filing Bill to Review De-
DEMURRER.

cree for, see REVIEW, 3.

As Revocation or Lapse of Legacy to
NOTES AND BRIEFS.

Wife. see links. 3, 4.

Sufficiency of Service on Defendant in
Demurrer; filing of, as waiver of right

Suit for, see WRIT AND PROCESS.
to file motion to strike paragraphs of an.

See also HUSBAND AND WIFE, NOTES
swer; motion to strike as

rformin office

AXD BRIEFS.
of demurrer.

969

DEPOSIT.

See BANKS,

DOCUMENTARY EVIDENCE.

See EVIDENCE, 8-11.

see

DEPUTY.

DOMICIL.
District Attorney'; Notice of Appoint The temporary absence from the state of
ment of. see EVIDENCE, 3.

one domiciled there will not be held a
Of District Attorney; Signing of In change of residence, unless to the factum

formation by INDICTMENT of residence elsewhere be added the animus
AND INFORMATION, 2-4.

znanendi; for a domicil. having once been
Of District Attorney; Oath to Infor. acquired, continues until

one is
mation by, see INDICTMENT AND actually acquired animo et facto. Watkin-
IX FORMATION, 7.

son v. Watkinson (X. J. Err. & App.) 397

a

new

NOTES AND BRIEFS.

DRUNKENNESS.

Effect of, on Degree of Care Required,
Domicil; what necessary to constitute

see NEGLIGENCE, 7.
change of.

397

DUE PROCESS OF LAW.
DONATION.

See CONSTITUTIONAL LAW, 8-10.
To Aid in ('onstruction of Public
Roads, see APPROPRIATIONS.

EASEMENTS.
Distinction between License and, see

LICENSE.
DRAFTS.
Payment on Forged Draft, see BANKS,

NOTES AND BRIEFS.
3-9.

Easements; creation by parol.

568
DRAINS AND SEWERS.

723
Discrimination against Nonresidents

As property.
as tosee CONSTITUTIONAL LAW,

ELECTION OF REMEDIES.
7.

See ACTION OR Suit, 1, 2.
Due Process in Assessment for Clean-

ing out Drainage Ditch, see Con- ELECTRICAL USES AND APPLI-
STITUTIOXAL LAW, 9.

ANCES.
Statute for Cleaning Drains as Tak-

Authority to Erect, in Highway, see
ing of Private Property for Pub-

HIGHWAYS, 1, 2.
lic Use, see EMINENT DOMAIN, 8.
Requiring Connection of Gutters and ELECTRIC RAILWAYS.

Water Spouts on Buildings with See STREET RAILWAYS.
Drainage System, see WATERS, 2.

EMBEZZLEMENT.
1. The legislature may constitutionally
confer upon county auditors and surveyors

NOTES AND BRIEFS.
power to receive petitions for the clean-
ing of drainage ditches, and, upon receipt Embezzlement; what constitutes. 701
of such a petition, to examine the ditch
and pass upon the necessity of cleaning it, EMINENT DOMAIN.
estimate the expense and apportion the Railroad Company's Right to Continue
cost thereof according to benefits among

to Enjoy Property after Forfeit-
the landowners along the line of the ditch

ure for Breach of Condition Sub-
who were assessed for the original con-

sequent, see REAL PROPERTY, 8.
struction thereof, and appoint a day for a

1. The doctrine that, if a railroad com-
hearing of the matter, and give notice
thereof to all parties affected by the assess-

pany takes possession of land for a public
ment, after which the auditor shall enter way, the owner thereof not objecting, the
upon a journal the assessments, as ap-

latter will be presumed to have consented
proved by him, and place such assessment thereto, and impliedly agreed to accept a
upon the duplicate against the land

just compensation therefor, and consented

upon
which they are assessed. Taylor v. Craw- to rely upon the statutory method of ob-
ford (Ohio)

805

taining the same, has no application to a

case where the rights of the parties are
2. That discretion to determine
whether the improvement is for the public nis v. Knickerbocker Ice Co. (Wis.)

defined by a written instrument. Magin-

833
health, convenience, or welfare is vested
in any officer or tribunal by a statute pro-

What may be taken.
viding for the cleaning and repair of drain-

2. The right to fish in an inland lake in
age ditches, and the assessment of the cost New Jersey cannot be separated from the
thereof upon

the parties

parties who ownership of the lake, and taken under
assessed for the original construction of the power of eminent domain. Albright v.
each ditch, does not render it unconstitu- Sussex County L. & P. Com. (N. J. Err. &
tional, since all questions as to the public App.)

768
health, convenience, and welfare must have For what purpose.
been settled by the original proceedings for Question for Jury as to, see Trial, 3.
the establishment of the ditch.

Id. 3. The establishment of a railroad as

purely private enterprise cannot be
NOTES AND BRIEFS.

legitimately aided by the power of eminent

domain. Maginnis v. Knickerbocker Ice
Drains and ditches : maintenance of Co. (Wis.)

833
drainage ditches.

805 4. The legislature may authorize a

no

were

a

mu-

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