re

see

REMAINDER-MEN.

Defenses.
See LIFE TENANTS.

7. That the title to property for which

replevin is brought is shown to be in one
RENT.

of the plaintiff's is sufficient to sustain the
Liability of Trustee in Bankruptcy for, action; and defendant cannot take advan-
see BANKRUPTCY, 2-4, 6.

tage of the fact that other plaintiffs
See also LANDLORD AND TENANT.

not shown to have a right to the possession
of any interest therein.

Id.
REPEAL.
Of Ordinance, MUNICIPAL COR-

NOTES AND BRIEFS.
PORATIONS, 5.

Replevin; duty to preserve and return

property seized under writ of:-(I.) Loss
REPLEVIN.

or destruction of the property: (a) in gen-
Federal Court Not Bound by State De-
cisions in, see COURTS, 11.
eral; (b) emancipation of slaves; (II.) de-

283
Estoppel of Plaintiff in, see ESTOPPEL, preciation of the property.
3, 4.

Right to maintain by or against one in
Right of Plaintiff in, to Claim Salvage, adverse possession of land for things sev-
see SALVAGE.

ered:

(I.) The general rule: (a) in gen-

eral; (6) reason of the rule; (II.) nature
1. An entry, under a champertous deed, of the adverse possession: (a) in general;
upon land of which another is in posses. (b) incidental trial of title; (III.) re-
sion, does not confer upon the one making plevin of fructus industriales.

732
it the right, when sued in replevin for tim-

For growing crops.

827
ber taken from the property, to force the
former occupant to prove his title. Wheel-

RES GESTÆ.
er v. Clark (Tenn.)

732

idence is not only new, but could not have show parol warranty of quality of prop-
been discovered by reasonable diligence be- erty; sale of article of particular design or
fore the hearing.

Id. pattern; implied warranty of fitness for
particular purpose.

975
REVOCATION.
Of Legacy, see Wills, 3.

SALVAGE.

Estoppel to Claim Sale of Replevied
ROBBERY.

Property to Satisfy Claim for, see

ESTOPPEL, 4.
NOTES AND BRIEFS.

A plaintiff in replevin cannot claim sal-
Robbery; necessity of instruction as to vage for rescuing the replevied property
law on circumstantial evidence on prosecu-

after it had sunk while in his possession,
tion for.

203

since it was his legal duty to care for and
preserve it.

Three States Lumber Co. v.
RULES.

Blanks (C. C. App. 6th C.)

283
Of Savings Bank, see BANKS.

SAVINGS BANK.
SALE.

See BANKS.
Implied warranty.

SCAFFOLD.
Parol Evidence as to, see EVIDENCE, 14.

Master's Responsibility for Safety of,
1. An implied warranty that an article

see MASTER AND SERVANT, 7.
will be fit for a particular purpose may be
inferred from a contract to make or fur- SCHOOLS.
nish it to accomplish that specific purpose, | Offering prayer in.
because the accomplishment of the purpose 1. Offering a prayer at the beginning of
is the essence of the contract. Davis Calyx school each day, asking direction and guid-
Drill Co. v. Mallory (C. C. App. 8th C.) 973 ance, which does not represent any peculiar

2. No implied warranty of the fitness of view or dogma of any sect or denomination,
an article for a particular purpose arises does not bring a public school within a
out of a contract to make or supply a de provision of the Constitution that no por-
scribed and definite article, although the tion of any fund or tax raised for educa-
seller knows that the purchaser is purchas- tional purposes shall be used in aid of any
ing it to accomplish the specific purpose, sectarian or denominational school. Hack-
because the essence of the contract is the ett Brooksville Graded School Dist.
delivery of the specific article, and not the (Ky.)

592
accomplishment of the purpose.

Id. 2. A school is not a place of worship, nor
3. An implied warranty of the fitness of is the teacher a minister of religion, within
a machine to do a particular work does not the meaning of a constitutional provision
include a warranty that it will do the that no person shall be compelled to attend
work as rapidly or economically as some any place of worship or contribute to the
other specified machine; such a covenant support of any minister of religion, al-
can be introduced by express contract only. though prayer is offered at the opening of
Id. sessions of the school.

Id.
4. There is no implied warranty that a

Reading Bible.
drill and its machinery are suitable to bore 3. The King James translation of the
holes through a particular strata of land, Bible is not a sectarian book within the
where a contract in writing, containing no meaning of a statute providing that no sec-
reference to a warranty, is made with a

tarian book shall be used in any common
manufacturer to buy one class F3 drill school. Hackett Brooksville Graded
made by the latter and described in his School Dist. (Ky.)

592
catalogue, and certain other specifie ma-

NOTES AND BRIEFS.
chinery and tools, for an agreed price, al-
though before the contract is made the pur-

Schools; reading Bible in.

592
chaser informs the seller that he wants
the drill and machinery to bore holes SEAMEN.
through certain described strata of land, Liability for Death of, through Fellow
and the manufacturer assures him that its

Servant's Negligence, see MASTER
class F3 drill will do this work as rapidly

AND SERVANT, 18.
and economically as a diamond drill. la.

SEARCH AND SEIZURE.
NOTES AND BRIEFS.

Requiring Automobile to Carry Num-

ber as: Violation of Provision
Sale; written contract of sale; right to

against, see AUTOMOBILES, 1.

V.

SEISIN.

ble damage is suffered, and no fraud is in-
Recovery for Improvements on Breach flicted upon him, and where he is in statu
of Covenant of, see IMPROVEMENTS. quo at the time of the commencement of

his action. Howes v. Barmon (Id.) 565
SET-OFF.

2. Specific performance of an oral agree-
Right to dismiss after Filing Plea of,
see ACTION OR SUIT, 3.

ment to make a lease may be decreed where
Availability of, though Affirmative Ac-

a signed memorandum in writing of the
tion Barred by Limitations, see

terms, made at the time of the agreement,
LIMITATION OF ACTIONS, 3.

and a signed but undelivered lease, taken

together, show a completed agreement upon
In an action against the maker and the the terms of the lease. Charlton v. Colum-
indorser of a promissory note, joined in bia Real Estate Co. (N. J. Err. & App.)
the same suit, the indorser may set off an

394
individual claim against the plaintiff grow-

NOTES AND BRIEFS.
ing out of the transaction which gave rise
to the execution of the note. Wilson v. Ex- Specific performance; duty of one seek-
change Bank (Ga.)

97 | ing, to establish clearly existence of con-

tract and its terms; of parol contract for
NOTES AND BRIEFS.

sale of lands; part performance to take
case out of statute of frauds.

568
Set-off'; doctrine of equitable set-off' ;

Of oral contract to convey real estate;
what covered by; when set-off allowed. 234 where purchaser has taken possession and
SHELLEY'S CASE.

made improvements.

584
See REAL PROPERTY, 1, 2, NOTES ASD

Jurisdiction of equity to decree specific
BRIEFS.

performance of contract affecting real es-
tate in other state or country.

681
SHIPPING.

In case of serious doubt as to meeting of
Limiting Liability for Loss of Passen-
minds.

790
gers and Baggage, see CARRIERS, 7.
Liability for Death of Seamen through SPEED.

Fellow Servant’s Negligence, see Of Automobiles; Judicial Notice of, see
MASTER AND SERVANT, 18.

EVIDENCE, 1.
See also CARRIERS, NOTES AND BRIEFS.

STATUTE OF FRAUDS.
Evidence Showing Completed Agree-

ment so as to Satisfy, see Evi-
SIDEWALK.

DENCE, 8.
See HIGHWAYS.

Validity of Parol License, LI-

CENSE.
SIGNATURE.
To Wills, see WILLS, 1, 2.

Specific Performance of Oral Agree-

ment, see SPECIFIC PERFORMANCE,

2.
SITUS.
Of Property for Purpose of Taxation,

STATUTES.
see Taxes, 2-6.

1. A question of the unconstitutionality

of a statute as to other corporations can:
SOLICITATION.

not be raised by a railroad company as to
Of Bribe, see BRIBERY.

which the act is valid. Pittsburgh, C. C. &

St. L. R. Co. v. Montgomery (Ind.) 875
SPECIAL PRIVILEGES.

Title.
To Building and Loan Association, see

2. A provision creating a new liability is
BUILDING
LOAN ASSOCIA-

within the title of a statute, “An Act Reg.
TIONS, 1.

ulating Liability of Railroads and Other
County Organization as, COUX
Corporations."

Id.
TIES, 4.

3. The creation of a park commission
SPECIFIC PERFORMANCE.

and a board of park commissioners is with-
Of Contract for Sale of Homestead, see

in the purview of a title authorizing the

acquisition, maintenance, and improvement
ESTOPPEL, 2.

of parks. Memphis v. Hastings (Tenn.)
1. A court of equity will not grant the

750
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-I connect parks is covered by a title stating
69 L. R. A.

see

AND

see

sance,

the object of the statute to be to authorize | STREET FAIR.
the acquisition, improvement, and mainte- Permitting Use of Streets for, see
nance of parks.

ld.

HIGHWAYS, 3, 4.
5. A prohibition of contracts releasing STREET RAILWAYS.
corporations from their liability to injured Arrest of Motorman to Abate. Nui-
employees is within the main subject ex-

see FALSE IMPRISONMENT.
pressed in the title, which is the regula-

Negligence of motorman.
tion of liability in such cases. Pittsburgh,
C. C. & St. L. R. Co. v. Montgomery (Ind.)

Question for Jury as to, see TRIAL, 5. ^

1. The speed of an electric car running
.875

along a sparsely settled country road in the
6. An amendatory act, whose caption space between intersecting crossroads in the
merely recites the title of the original act,'| dark is to be governed, not by the ability of
without enlarging its scope, is constitution. the motorman to stop his car after discov-
al and valid, providing its purview is gerering an object on the track by the aid of
mane to the title of the original act. Mem- his headlight, but by the ability of persons
phis v. Hastings (Tenn.)

750

on the track conveniently to leave it after
Special legislation.

seeing the light and hearing or understand-
7. The employer's liability act changing ing the signals given by the approaching
the law as to the defense in case of negli- | car. Vizacchero v. Rhode Island Co. (R. I.)
gence of fellow servants of corporations is

188
not within a constitutional provision as to 2. Failure to anticipate the presence of
local or special laws "regulating the prac- a man on his hands and knees on the track
tice in courts." Pittsburgh, C. C. & St. in front of an electric car on a dark night,
L. R. Co. v. Montgomery (Ind.) 875 and to run the car so as to provide for that

contingency, is not negligence on the part
NOTES AND BRIEFS.
of the motorman.

Id.
Statutes; liberal construction of exemp- 3. A motorman in charge of a street car,
tion statutes.

68 upon seeing a wagon approaching the track,
One section of, treating particularly of has the right to presume that the driver
certain matter, prevails over other sections will use his senses to avoid driving onto the

Markowitz v.
in which incidental references are made track in front of the car.
thereto.

177 Metropolitan Street R. Co. (Mo.) 389
Weight of contemporaneous construction

4. One in charge of an electric street car
of.

185 approaching a public crossing must antic-
Penal; strict construction of. 706, 817

ipate that any person approaching the junc-

tion from either side may turn his team
In derogation of common law; strict con-

into the cross street, and must exercise all
struction.

876

due care to have his car under such con-
Construction; necessity of ascertaining trol as to be able to stop it at the crossing,
mischief to be remedied, in determining ob- if necessary, to avoid an accident. Marden
ject of enactment.

888

v. Portsmouth, K. & Y. Street R. Co. (Me.)
Liberal construction of; statute limiting

300
time for appeal.

909 Contributory negligence.
Use in, of well-understood technical

Question for Jury as to, see TRIAL, 9.
phrase; construed as using term in tech- Imputing Owner's Negligence to Driv-
nical sense.

988

er of Wagon, see NEGLIGENCE, 9.

5. It is negligence to attempt to drive
STAY.

across a street car track in dangerous prox-
Of Suit Commenced after Other Suit imity to an approaching car which is in

Begun in Different Court, see plain sight, whether the car is actually seen
COURTS, 9.

or not. Markowitz v. Metropolitan Street
Of Action on Purchase-Money Note, see R. Co. (Mo.)

389
INJUNCTION, 5.

6. Failure to look and listen before cross-
STOCK.

ing a street car track at a public crossing
Contract by Corporation to Repur-

cannot be said, as matter of law, to be neg.
chase, see CORPORATIONS, 1-4.

ligence per se. Marden v. Portsmouth, K.
& Y. Street R. Co. (Me.)

300
STOCK QUOTATIONS.

7. One about to drive across a street car

track at a public street crossing is not re-
NOTES AND BRIEFS.

quired to look along the whole length of
Stock quotations; property in; injunc- visible track to see if a car is coming, but
tion to protect.

63 | 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 Sunday.

909
as if properly managed, to endanger his
safety in crossing.

Id. SUPERINTENDING CONTROL.

See COURTS, 6, 7.
Liability where both part are nego
ligent.

SUPPORT.
8. To hold a street car company liable Of Wife; Husband's Liability for, see
for the results of a collision with a team

HUSBAND AND WIFE, 1-4.
attempting to cross the track in front of a

Of Insane Person, see INCOMPETENT
car notwithstanding the negligence of the

PERSONS.
driver, those in charge of the car must
have been guilty of gross negligence, or SURETY COMPANIES.
reckless and wanton conduct. Markowitz Invalidity of Statute Requiring Execu-
v. Metropolitan Street R. Co. (Mo.) 389

tion of Official or Fiduciary Bond
9. The negligence of a man in crawling

by, see BONDS.
on his hands and knees towards an ap- SURFACE SUPPORT.
proaching electric car in the dark after the

Duty of One Mining Coal to Leave, see
appearance of the headlight, which can be

MINES.
seen 800 feet away, is continuing, so as not
to entitle his personal representative to SURFACE WATER.
hold the company liable for his death on See WATERS, 1, 2.
the theory of last clear chance, because the

TAXES.
speed of the car is so great that it cannot

Forfeiture of Lease or Nonpayment
be stopped after his presence on the track

of, see LANDLORD AND TENANT, 2.
is discovered. Vizacchero v. Rhode Island

Effect of Payment of, by Purchaser of
Co. (R. I.)

188

Mortgaged Premises, on Running

of Limitations against Right to
NOTES AND BRIEFS.

Foreclose, see LIMITATION OF Ac-
Street railways; limiting speed of street

TIONS, 7.
cars; unreasonableness of limitation; speed Power to exempt from taxation.
on country roads; injury to intoxicated per- 1. The legislature has no power par-
son crawling along track.

189 tially to exempt from taxation the property
Care required in crossing track; negli- of corporations engaged in maritime com-
gence in running car at improper speed ; merce and navigation where the Constitution
measure of care required of motorman; requires a uniform rule of taxation. Tea-
relative rights of street car and pedestrians gan Transp. Co. v. Detroit Bd. of Assessors .
in street.
300 (Mich.)

431
Duty of motorman to avoid injuring per-

Where taxable; situs of property.
sons on track; effect of contributory negli-

2. A statute making all the property of
gence where motorman saw peril in time to corporations engaged in maritime commerce
prevent accident; not necessary that motor-

or navigation taxable only at the place
man be guilty of gross negligence to render designated in their charters as their gen-
company liable.

389

eral office for business violates a constitu-
Duty to look and listen before crossing of taxation.

tional provision requiring a uniform rate

Id.
track; duty of motorman to person on or
near track; negligence in walking on track.

3. The holding of annual stockholders'
606

and directors' meetings at the place named
STREETS.

in the articles of incorporation as the home
See HIGHWAYS.

of the corporation is not its principal busi-

ness, so as to make it taxable there, where
SUBPARTNERSHIP.

substantially all the business for which it
See PARTNERSHIP.

is organized is transacted and its funds

kept at another place, under a statute pro-
SUNDAY.

viding that a corporation shall be taxable
Excluding in Computing Time to Sign where its oflice is located by its charter, pro-
Bill of Exceptions, see APPEAL AND

vided its business is actually transacted
ERROR, 3.

there, but that, if it shall establish its

principal office in another place, then the
NOTES AND BRIEFS.

place where it transacts its principal busi-

ness shall be deemed its residence for pur-
Sunday; including or excluding, in com-

poses of taxation.

Id.