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See LIFE TENANTS.
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.
see BANKRUPTCY, 2–4, 6.
See also LANDLORD AND TENANT.
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.
3. An implied warranty of the fitness of
a machine to do a particular work does not
include a warranty that it will do the
work as rapidly or economically as some
other specified machine; such a covenant
can be introduced by express contract only.
4. There is no implied warranty that a
drill and its machinery are suitable to bore
holes through particular strata of land,
where a contract in writing, containing no
reference to a warranty, is made with a
manufacturer to buy one class F3 drill
made by the latter and described in his
catalogue, and certain other specific ma-
chinery and tools, for an agreed price, al-
though before the contract is made the pur-
chaser informs the seller that he wants
the drill and machinery to bore holes
through certain described strata of land,
and the manufacturer assures him that its
class F3 drill will do this work as rapidly
and economically as a diamond dril!. Id.
NOTES AND BRIEFS.
Sale; written contract of sale; right to
show parol warranty of quality of prop-
erty; sale of article of particular design or
pattern; implied warranty of fitness for
Estoppel to Claim Sale of Replevied
Property to Satisfy Claim for, see
A plaintiff in replevin cannot claim sal-
vage for rescuing the replevied property
after it had sunk while in his possession,
since it was his legal duty to care for and
preserve it. Three States Lumber Co. v.
Blanks (C. C. App. 6th C.)
Master's Responsibility for Safety of,
see MASTER AND SERVANT, 7.
Offering prayer in.
1. Offering a prayer at the beginning of
school each day, asking direction and guid
ance, which does not represent any peculiar
view or dogma of any sect or denomination,
does not bring a public school within a
provision of the Constitution that no por-
tion of any fund or tax raised for educa-
tional purposes shall be used in aid of any
sectarian or denominational school. Hack-
ett Brooksville Graded School Dist.
2. A school is not a place of worship, nor
is the teacher a minister of religion, within
the meaning of a constitutional provision
that no person shall be compelled to attend
any place of worship or contribute to the
support of any minister of religion, al-
though prayer is offered at the opening of
sessions of the school.
3. The King James translation of the
Bible is not a sectarian book within the
meaning of a statute providing that no sec-
tarian book shall be used in any common
School Dist. (Ky.)
Recovery for Improvements on Breach
of Covenant of, see IMPROVEMENTS.
Of Property for Purpose of Taxation,
see TAXES, 2-6.
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
his action. Howes v. Barmon (Id.)
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
case out of statute of frauds.
To Building and Loan Association, see
BUILDING AND LOAN ASSOCIA-
County Organization as, see COUN
Of oral contract to convey real estate:
where purchaser has taken possession and
Jurisdiction of equity to decree specific
performance of contract affecting real es-
tate in other state or country.
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. &
St. L. R. Co. v. Montgomery (Ind.)
2. A provision creating a new liability is
within the title of a statute, "An Act Reg-
ulating Liability of Railroads and Other
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.)
Evidence Showing Completed Agree-
ment so as to Satisfy, see Evi-
Validity of Parol License, see LI-
Specific Performance of Oral Agree-
ment, see SPECIFIC PERFORMANCE,
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.
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.)
NOTES AND BRIEFS.
Statutes; liberal construction of exemp-
One section of, treating particularly of
certain matter, prevails over other sections
in which incidental references are made
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.)
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.)
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
Contract by Corporation to Repur-
chase, see CORPORATIONS, 1-4.
Permitting Use of Streets for, see
HIGHWAYS, 3, 4.
Construction; necessity of ascertaining
mischief to be remedied, in determining ob-
ject of enactment.
Liberal construction of; statute limiting
time for appeal.
Use in, of well-understood technical
phrase; construed as using term in tech-
Of Suit Commenced after Other Suit
Begun in Different Court, see
Of Action on Purchase-Money Note, see R. Co. (Mo.)
NOTES AND BRIEFS.
Stock quotations; property in; injunc-
tion to protect.
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.
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.)
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.)
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
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.)
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.
Id. SUPERINTENDING CONTROL.
See COURTS, 6, 7.
Liability where both parties are neg-
8. To hold a street car company liable
for the results of a collision with a team
attempting to cross the track in front of a
car notwithstanding the negligence of the
driver, those in charge of the car must
have been guilty of gross negligence, or
reckless and wanton conduct. Markowitz
v. Metropolitan Street R. Co. (Mo.) 389
Power to exempt from taxation.
1. The legislature has no power par-
tially to exempt from taxation the property
of corporations engaged in maritime com-
merce and navigation where the Constitution
requires a uniform rule of taxation. Tea-
gan Transp. Co. v. Detroit Bd. of Assessors
Where taxable; situs of property.
2. A statute making all the property of
corporations engaged in maritime commerce
or navigation taxable only at the place
designated in their charters as their gen-
eral office for business violates a constitu-
tional provision requiring a uniform rate
3. The holding of annual stockholders'
and directors' meetings at the place named
in the articles of incorporation as the home
of the corporation is not its principal busi-
ness, so as to make it taxable there, where
substantially all the business for which it
is organized is transacted and its funds
kept at another place, under a statute pro-
viding that a corporation shall be taxable
where its office is located by its charter, pro-
vided its business is actually transacted
there, but that, if it shall establish its
principal office in another place, then the
place where it transacts its principal busi-
ness shall be deemed its residence for pur-
NOTES AND BRIEFS.
Sunday; including or excluding, in com- poses of taxation.