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7. That the title to property for which
replevin is brought is shown to be in one
of the plaintiff's is sufficient to sustain the
tage of the fact that other plaintiffs
not shown to have a right to the possession
NOTES AND BRIEFS.
Replevin; duty to preserve and return
property seized under writ of:-(I.) Loss
or destruction of the property: (a) in gen-
Right to maintain by or against one in
(I.) The general rule: (a) in gen-
eral; (6) reason of the rule; (II.) nature
For growing crops.
See EVIDENCE, 17-19.
For Résumé of contents of book, see p.
3. Replevin lies for growing strawberry REVIEW.
1. The object of a bill of review is to
827 must rest on error in law upon the face of
made. Watkinson v. Watkinson (N. J.
732 years from the final decree, except in case
Id. should have been pleaded and proved in the
4. When it is sought to reverse a decree
idence is not only new, but could not have show parol warranty of quality of prop-
Id. 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-
after it had sunk while in his possession,
since it was his legal duty to care for and
Three States Lumber Co. v.
Blanks (C. C. App. 6th C.)
Master's Responsibility for Safety of,
see MASTER AND SERVANT, 7.
2. No implied warranty of the fitness of view or dogma of any sect or denomination,
Id. 2. A school is not a place of worship, nor
tarian book shall be used in any common
NOTES AND BRIEFS.
Schools; reading Bible in.
Servant's Negligence, see MASTER
AND SERVANT, 18.
SEARCH AND SEIZURE.
Requiring Automobile to Carry Num-
ber as: Violation of Provision
against, see AUTOMOBILES, 1.
ble damage is suffered, and no fraud is in-
his action. Howes v. Barmon (Id.) 565
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
NOTES AND BRIEFS.
97 | ing, to establish clearly existence of con-
tract and its terms; of parol contract for
sale of lands; part performance to take
Of oral contract to convey real estate;
Jurisdiction of equity to decree specific
performance of contract affecting real es-
In case of serious doubt as to meeting of
Fellow Servant’s Negligence, see Of Automobiles; Judicial Notice of, see
STATUTE OF FRAUDS.
ment so as to Satisfy, see Evi-
Validity of Parol License, LI-
Specific Performance of Oral Agree-
ment, see SPECIFIC PERFORMANCE,
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.) 875
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
acquisition, maintenance, and improvement
of parks. Memphis v. Hastings (Tenn.)
the object of the statute to be to authorize | STREET FAIR.
HIGHWAYS, 3, 4.
see FALSE IMPRISONMENT.
Negligence of motorman.
Question for Jury as to, see TRIAL, 5. ^
1. The speed of an electric car running
along a sparsely settled country road in the
on the track conveniently to leave it after
seeing the light and hearing or understand-
contingency, is not negligence on the part
68 upon seeing a wagon approaching the track,
177 Metropolitan Street R. Co. (Mo.) 389
4. One in charge of an electric street car
185 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-
v. Portsmouth, K. & Y. Street R. Co. (Me.)
909 Contributory negligence.
Question for Jury as to, see TRIAL, 9.
er of Wagon, see NEGLIGENCE, 9.
5. It is negligence to attempt to drive
across a street car track in dangerous prox-
Begun in Different Court, see 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.
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
63 | only far enough to warrant an ordinarily
careful and prudent man, having in mind | puting time; transaction of judicial busi-
Id. SUPERINTENDING CONTROL.
See COURTS, 6, 7.
HUSBAND AND WIFE, 1-4.
Of Insane Person, see INCOMPETENT
tion of Official or Fiduciary Bond
by, see BONDS.
Duty of One Mining Coal to Leave, see
Forfeiture of Lease or Nonpayment
of, see LANDLORD AND TENANT, 2.
Effect of Payment of, by Purchaser of
Mortgaged Premises, on Running
of Limitations against Right to
Foreclose, see LIMITATION OF Ac-
189 tially to exempt from taxation the property
Where taxable; situs of property.
2. A statute making all the property of
or navigation taxable only at the place
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
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-
poses of taxation.