REMAINDER-MEN.

See LIFE TENANTS.

Defenses.

7. That the title to property for which
replevin is brought is shown to be in one
of the plaintiffs is sufficient to sustain the

Liability of Trustee in Bankruptcy for, action; and defendant cannot take advan-
tage of the fact that other plaintiffs re
not shown to have a right to the possession
of any interest therein.
Id.

see BANKRUPTCY, 2–4, 6.

See also LANDLORD AND TENANT.

RENT.

Obtaining leave of court for.

4. When it is sought to reverse a decree
upon the discovery of some new matter,
leave of the court must first be obtained by
petition, supported by affidavit that the ev

2. No implied warranty of the fitness of
an article for a particular purpose arises
out of a contract to make or supply a de-
scribed and definite article, although the
seller knows that the purchaser is purchas-
ing it to accomplish the specific purpose,
because the essence of the contract is the
delivery of the specific article, and not the|
accomplishment of the purpose.

Id.

1062

SEISIN.

Recovery for Improvements on Breach
of Covenant of, see IMPROVEMENTS.

SITUS.

SOLICITATION.

Of Property for Purpose of Taxation,
see TAXES, 2-6.

Of Bribe, see BRIBERY.

ble damage is suffered, and no fraud is in-
flicted upon him, and where he is in statu
quo at the time of the commencement of
568
his action. Howes v. Barmon (Id.)

SPECIAL PRIVILEGES.

2. Specific performance of an oral agree-
ment to make a lease may be decreed where
a signed memorandum in writing of the
terms, made at the time of the agreement.
and a signed but undelivered lease, taken
together, show a completed agreement upon
the terms of the lease. Charlton v. Colum-
bia Real Estate Co. (N. J. Err. & App.)

NOTES AND BRIEFS.

Specific performance; duty of one seek-
ing, to establish clearly existence of con-
tract and its terms; of parol contract for
sale of lands; part performance to take
568
case out of statute of frauds.

To Building and Loan Association, see
BUILDING AND LOAN ASSOCIA-
TIONS, 1.

County Organization as, see COUN

TIES, 4.

Of oral contract to convey real estate:
where purchaser has taken possession and
584
made improvements.

394

Jurisdiction of equity to decree specific
performance of contract affecting real es-
tate in other state or country.
681

STATUTES.

1. A question of the unconstitutionality
of a statute as to other corporations can-
not be raised by a railroad company as to
which the act is valid. Pittsburgh, C. C. &
875
St. L. R. Co. v. Montgomery (Ind.)
Title.

2. A provision creating a new liability is
within the title of a statute, "An Act Reg-
ulating Liability of Railroads and Other
Id.
Corporations."

SPECIFIC PERFORMANCE.

3. The creation of a park commission
and a board of park commissioners is with-
in the purview of a title authorizing the
Of Contract for Sale of Homestead, see acquisition, maintenance, and improvement
of parks. Memphis v. Hastings (Tenn.)
750

ESTOPPEL, 2.

Evidence Showing Completed Agree-
ment so as to Satisfy, see Evi-
DENCE, 8.

Validity of Parol License, see LI-

CENSE.

Specific Performance of Oral Agree-
ment, see SPECIFIC PERFORMANCE,
2.

1. A court of equity will not grant the
aid of specific performance where the party 4. A provision in a statute authorizing
invoking its aid has not parted with any the condemnation of land for boulevards to
consideration or property, and no irrepara-connect parks is covered by a title stating

•

the object of the statute to be to authorize | STREET FAIR.
the acquisition, improvement, and mainte-
nance of parks.

ld.

5. A prohibition of contracts releasing
corporations from their liability to injured
employees is within the main subject ex-
pressed in the title, which is the regula-
tion of liability in such cases. Pittsburgh,
C. C. & St. L. R. Co. v. Montgomery (Ind.)

.875

NOTES AND BRIEFS.

Statutes; liberal construction of exemp-
tion statutes.

68

One section of, treating particularly of
certain matter, prevails over other sections
in which incidental references are made
177

thereto.

STREET RAILWAYS.

Arrest of Motorman to Abate Nui-
sance, see FALSE IMPRISONMENT.
Negligence of motorman.

6. An amendatory act, whose caption
merely recites the title of the original act,
without enlarging its scope, is constitution-
al and valid, providing its purview is ger-ering an object on the track by the aid of

Question for Jury as to, see TRIAL, 5.
1. The speed of an electric car running
along a sparsely settled country road in the
space between intersecting crossroads in the
dark is to be governed, not by the ability of
the motorman to stop his car after discov-

mane to the title of the original act. Mem-
phis v. Hastings (Tenn.)
Special legislation.

750

his headlight, but by the ability of persons
on the track conveniently to leave it after
seeing the light and hearing or understand-
ing the signals given by the approaching
car. Vizacchero v. Rhode Island Co. (R. I.)
188

7. The employer's liability act changing
the law as to the defense in case of negli-
gence of fellow servants of corporations is
not within a constitutional provision as to
local or special laws "regulating the prac-
tice in courts." Pittsburgh, C. C. & St.
L. R. Co. v. Montgomery (Ind.) 875

STOCK.

Contract by Corporation to Repur-
chase, see CORPORATIONS, 1-4.

STOCK QUOTATIONS.

Permitting Use of Streets for, see
HIGHWAYS, 3, 4.

Construction; necessity of ascertaining
mischief to be remedied, in determining ob-
ject of enactment.

888
Liberal construction of; statute limiting
time for appeal.
909
Use in, of well-understood technical
phrase; construed as using term in tech-
nical sense.
988
STAY.

Of Suit Commenced after Other Suit
Begun in Different Court, see
COURTS, 9.
Of Action on Purchase-Money Note, see R. Co. (Mo.)
INJUNCTION, 5.

NOTES AND BRIEFS.

Stock quotations; property in; injunc-
tion to protect.

63

2. Failure to anticipate the presence of
a man on his hands and knees on the track
in front of an electric car on a dark night,
and to run the car so as to provide for that
contingency, is not negligence on the part
of the motorman.
Id.

3. A motorman in charge of a street car,
upon seeing a wagon approaching the track,
has the right to presume that the driver
will use his senses to avoid driving onto the
track in front of the car. Markowitz v.
Metropolitan Street R. Co. (Mo.)
389

4. One in charge of an electric street car
approaching a public crossing must antic-
ipate that any person approaching the junc-
tion from either side may turn his team
into the cross street, and must exercise all
due care to have his car under such con-
trol as to be able to stop it at the crossing,
if necessary, to avoid an accident. Marden
v. Portsmouth, K. & Y. Street R. Co. (Me.)
300

Contributory negligence.

Question for Jury as to, see TRIAL, 9.1
Imputing Owner's Negligence to Driv-
er of Wagon, see NEGLIGENCE, 9.
5. It is negligence to attempt to drive
across a street car track in dangerous prox-
imity to an approaching car which is in
plain sight, whether the car is actually seen
or not. Markowitz v. Metropolitan Street

389

6. Failure to look and listen before cross-
ing a street car track at a public crossing
cannot be said, as matter of law, to be neg-
ligence per se. Marden v. Portsmouth, K.
& Y. Street R. Co. (Me.)

300

7. One about to drive across a street car
track at a public street crossing is not re-
quired to look along the whole length of
visible track to see if a car is coming, but
only far enough to warrant an ordinarily

careful and prudent man, having in mind | puting time; transaction of judicial busi-
his own safety, under like circumstances, to ness on; signing of bill of exceptions on
conclude that no car is in such proximity
as if properly managed, to endanger his
safety in crossing.

Sunday.

909

Id. SUPERINTENDING CONTROL.
See COURTS, 6, 7.

NOTES AND BRIEFS.

Sunday; including or excluding, in com- poses of taxation.