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thereupon attack his character, but no cvi.
a justice's judgment against a third party
Hall v. The People, 357.
ceived with favor, and each case must de-
made for some defect which appears on the
9. After the jury retired a written communi-
cation was sent from their room to the court
10. Evidence to show the character of de-
fendant to have been violent at other times
3. On the trial of an indictment for a feloni.
ous assault upon one M. the prosecution
case on trial. — The People v. Gibbs, 66.
assault a motion was made in arrest of judg-
The People v. Kelly, 234.
cross-examined as to other acts of miscon-
11. The time counsel are to occupy in pre-
senting a case to the jury rests to a great
for the Reformation of Juvenile Delinquents
13. Section 688 of the Penal Code, prescrib.
ing an increased penalty for a second
6. The defendant on appeal can get no bene-
fit from the admission of improper evidence
by which he was not prejudiced. --Id.
upon his property under an execution upon
the longest term prescribed upon a first con- mortgage. Held, That the grantees, upon
acceptance, became bound as covenantors
to pay the mortgage. - Bowen v. Beck, 55.
church building to be used as specified, and
with the condition that if at any time said
PERSONS; Excise; False PRETENCES; title should revert to the grantor, Held,
injunction, restrain the society from selling
the church building; his remedy is re-entry
or ejectment; and the grantees are under
no covenant to keep the building erected
on the lot conveyed. — Erroin v. Hurd et al.,
5. Where, in the description in a deed, the
place of beginning of the premises con-
veyed was stated to be at a point on the
westerly side of an avenue, a certain dis-
tance from the southeasterly corner" of the
avenue and a street, and the description con-
tained evidence that the word the draughts-
man intended to use was southwester-
ly corner," the court should, in the inter-
pretation of this description, read it so as to
iransform the word “southeasterly" into
“southwesterly," and defendant should be
compelled to fulfill his contract to purchase
the premises described in said contract in
accordance with the corrected description.
- Bookman et al v. Kurzman, 201.
6. To authorize a
construction that the
grantor of premises intended to retain title
must exhibit such intention. Where a de
scription begins at the corner of two streets
and not at the intersection of their exterior
and not along their sides, the grant carries
veyed by a deed should be described there.
eral description are sufficient. - Coleman v.
In an action for damages The Manhattan Beach Imp. Co, et al., 241.
9. Plaintiff purchased the premises in ques-
tion and paid therefor, but by mistake
they were omitted from the deed. There-
the grantor, under order of the bankrupt
court, executed a deed of the premises to
premises by warranty deed by which the fendants were in possession under a deed
quent to plaintiff's purchase. IIeld, That
tion of 1 R. S., 739, S 147. —Id.
incumbered by invalid mortgages mav con-
ject to a specified mortgage "if there shall
stream sold a portion of its land and one of
premises, executed a deed thereof to one
Whiting v. Edmunds et al., 417.
under-valuation and in violation of the rev-
llonegger et al. v. Wettstein et al., 397.
quainted with our revenue laws, and every
3. One of the firm testified in support of the
defense interposed by the receiver. Held,
Sec LIMITATION, 2 ; MORTGAGE, 5, 7.
8; MORTGAGE, 11.
1. An order for the examination of a party
before trial should not be granted, and if
dreis v. Prince, 237.
required to attend for examination before
Gustaf v. The American SS. Co., 297.
the Code of Civ. Proc, for the examination
Sargs. Bk, v. Brackett et al., 530.
are special proceedings within the intent of
1. In an action to recover for goods sold to a
firm the receiver appointed in an action to
ful demands of their fathers, mothers, &c.,
relying on defendant's promise that he
vorce a vinculo is the same as in other civil
cases, does not apply.-Allen v. Allen, 184.
a vinculo must be confirmed or judgment de
1. Permission to discontinue an action which
has been settled by the parties after issue
See ARBITRATION, 2 ; EMINENT DOMAIN, 8.
1. Upon a motion under the Code for discov.
ery and inspection of writings, the chan.
& Leather Reporter Assn. v. Bailey, 296.
amount of a balance of moneys alleged to
Co. v. Pheby, 354.
der denying an inspection order, the Special
tiff's favor in an action for divorce brought
5. When, on an application for alimony and
counsel fee in an action for divorce, the
defendant's income was not correct de.
away the power of this court to make an
1. Section 5, Chap. 172, Laws of 1865, giving
authority to a magistrate to commit any
condition that she should keep the property
tate of Zahrt, 479.
8 2793 of the Code, a widow is not absolutely
See EVIDENCE, 5; MORTGAGE, 1.
of pullity of the marriage.—O'Dea v. O'Dea,
ferring upon this court jurisdiction to make
-Catlin v. Catlin, 442. ,
a decree of divorce, made in June, 1874,
10. An order directing the payment of ali-
mony by the husband to the wife cannot
1. Where testator by his will gives to his wife
a certain sum which is to be accepted and
et al., 266.
ing him surviving a mother, a sister and a
v. Harsell et al., 389.
non debet does not apply, and the widow is,
1. Plaintiff sold certain land to defendant J.,
under an agreement that the use of light
Mack et al., 3.
under a parol agreement to take water from
by which they were to lay pipes on the
4. There are no statutory provisions regula-
ting costs in an action for the admeasure-
use of all his property during her lile on