« AnteriorContinuar »
Refusing to interfere with corporate, inal, as they are not acting in a common
77 purpose. Nevertheless, if the offense is com-
91. element thereof, he may be found guilty,
notwithstanding the complicity of the de-
3. The fact that the owner of a building
son named, with the feigned assistance of
evidence of the intended burglary and
the burglary, but passively allowed it to
go on, is not a consent to the burglary that
will be a defense to the burglar. Id.
4. Indictment by a grand jury is not nec-
essary to due process of law, so as to pre-
clude the institution of a criminal prose-
5. Under a constitutional provision for
empowers the legislature to modify or abol-
stitution of criminal proceedings by in-
formation without the entire abolition of
Extent of punishment.
6. Where a statute prescribes a fine as
the punishment for giving liquor to minors,
therefor. Pressly State
NOTES AND BRIEFS.
Criminal law; proceedings before grand
ty for Purpose of Preventing Trial tutes an attempt to commit crime; solici-
tation as attempt; offer by public officer to
Statute providing that, if jurisdiction of
ber for Bribery before Conviction, tried in county where first arrested. 271
Criminal liability where crime is insti-
Criminal liability for violation of statute
405 torney general at common law to file crim-
mill, by means of the same improvements,
370 | ing his contract, to charge up his entire
sums received on account thereof, when it
5. To entitle an employee to damages
against his employer for breach of the con-
idence as to, see EVIDENCE, 24. that no more services could be rendered, he
an equal amount elsewhere. Busell Trim-
ing the possession of the zendee must be
deducted from his recovery for breach of a
covenant of seisin, which is made by an
his deed gave him at least a life estate, and
clude the remainder-men from demanding
7. In an action on a contract to convey
Griffith v. Blackwater dee, without the request of the vendor, be-
124 fore the time fixed for conveyance has ar-
rived, cannot be recovered by the vendee.
Gerbert v. Congregation of the Sons of
8. Negligently sitting within the bight of
764 bring one within the admiralty rule of ap-
portionment of damages in case both parties
are in fault, where, by reason of the negli-
gence of the vessel, the strain is put upon
124 plaintiff is still suffering at the time of
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.)
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
ey (Id.) message. Hancock v. Western U. Teleg. Co. (N. C.)
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
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
escrow; what constitutes complete delivery; | DERRICK.
Derrick, see PROXIMATE CAUSE, 3.
Apparent Co-operation by, in Burg-
lary, see CRIMINAL LAW, 1-3.
DIRECTION OF VERDICT.
See TRIAL, 20.
In Bankruptcy, see BANKRUPTCY, 7, 8.
By Carrier, see CARRIERS, 11-14.
Against Nonresidents, see CONSTITU-
TIONAL LAW, 7.
In Ordinance, see MUNICIPAL CORPO-
In Water Rates, see WATERS, 3-5.
Of Action, see ACTION OR Suit, 3.
Judicial Notice of Appointment of
Deputy, see EvideNCE, 3.
Signing of Information by Deputy, see
INDICTMENT AND INFORMATION,
Oath to Information by, see INDICT-
MENT AND INFORMATION, 7.
Power of Courts over Land in Other
State, in Action for, see COURTS,
Condonation of Adultery as Justifica-
tion for Filing Bill to Review De-
cree for, see REVIEW, 3.
As Revocation or Lapse of Legacy to
Wife. see links. 3, 4.
Sufficiency of Service on Defendant in
Suit for, see WRIT AND PROCESS.
See also HUSBAND AND WIFE, NOTES
See EVIDENCE, 8-11.
one domiciled there will not be held a
formation by INDICTMENT of residence elsewhere be added the animus
znanendi; for a domicil. having once been
son v. Watkinson (X. J. Err. & App.) 397
NOTES AND BRIEFS.
Effect of, on Degree of Care Required,
see NEGLIGENCE, 7.
DUE PROCESS OF LAW.
See CONSTITUTIONAL LAW, 8-10.
NOTES AND BRIEFS.
Easements; creation by parol.
ELECTION OF REMEDIES.
See ACTION OR Suit, 1, 2.
ing out Drainage Ditch, see Con- ELECTRICAL USES AND APPLI-
Authority to Erect, in Highway, see
HIGHWAYS, 1, 2.
Water Spouts on Buildings with See STREET RAILWAYS.
NOTES AND BRIEFS.
to Enjoy Property after Forfeit-
ure for Breach of Condition Sub-
sequent, see REAL PROPERTY, 8.
1. The doctrine that, if a railroad com-
pany takes possession of land for a public
latter will be presumed to have consented
just compensation therefor, and consented
taining the same, has no application to a
case where the rights of the parties are
defined by a written instrument. Magin-
What may be taken.
2. The right to fish in an inland lake in
parties who ownership of the lake, and taken under
Id. 3. The establishment of a railroad as
purely private enterprise cannot be
legitimately aided by the power of eminent
domain. Maginnis v. Knickerbocker Ice
805 4. The legislature may authorize a