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MEASURE OF DAMAGES. — See DAMAGES.
MERGER. — See WARRANTY, 2.
MILL. — See EVIDENCE, 4.
MONEY. Bond given in Virginia in June, 1865, for the payment, in twelve months, of “twenty-five hundred dollars in currency at its specie value.” Held, that the obligor was bound to pay the value of twenty-five hundred gold dollars, in currency, at the time of payment (MONCURE, P., and ANDERSON, J., dissenting). - Caldwell v. Craig, 22 Gratt. 340.
See EXECUTOR AND ADMINISTRATOR, 1; INSURANCE (LIFE), 1; SPECIFIC PERFORMANCE.
MONEY HAD AND RECEIVED. — See AGENT, 1.
MONOPOLY. – See CoxstITUTIONAL Law, State, 6. MORTGAGE. — See CHATTEL MORTGAGE; FORGERY; INSURANCE (FIRE), 2, 3;
MUNICIPAL CORPORATION. 1. Contracts made on behalf of the city of New Orleans, during the war, by. the military government, established in that city by the United States army, held, binding on subsequent city governments. — Prather v. New Orleans, 24 La. Ann.
2. A statute provided that “any person or corporation” might be summoned as garnishee. Held, not to apply to a municipal corporation. - People v. Omaha, 2 Neb. 166. See CONSTITUTIONAL LAW, STATE, 2, 6, 7; RESTRAINT OF TRADE.
MURDER. — "See AUTREFOIS ACQUIT; INDICTMENT. .
NEGLIGENCE. Plaintiff, a passenger by defendants' railroad, paid his fare to a station where the conductor agreed to put him off. The train was slackened, but not stopped, at the station, and the conductor told plaintiff to get off, which he did, and in doing so was injured. Held, no negligence in plaintiff. — Georgia R.R. Co. v. McCurdy, 45 Ga. 289.
See LORD's Day, 2.
NEGOTIABLE INSTRUMENTS. — See BILLS AND NOTES; CONSIDERATION. NEGRO. —See CONSTITUTIONAL LAW, 4; CONSTITUTIONAL LAW, STATE, 4;
NUISANCE. — See PROFANE SWEARING.
PARDON. — See CONTEMPT, 2.
PARENT. — See ADVANCEMENT. PAROL. — See DEED, 1; EVIDENCE, 2, 5; FRAUDS, STATUTE OF, 1. PARTIES. - See ACTION, 3; BANKRUPTCY, 2; REMOVAL OF Suits, 3; TENANT
IN COMMON, 2.
Party Wall. Where the land of adjoining owners is separated by a party wall, either of them may increase the height of the wall, but is liable for any injury resulting thereby to the other. — Brooks v. Curtis, 50 N. Y. 639.
PASSENGER. — See NEGLIGENCE.
PATENT. A state court has jurisdiction to compel the specific performance of a contract to assign a patent. — Binney v. Annan, 107 Mass. 94.
See DAMAGES, 1. PAYMENT. — See APPLICATION OF PAYMENTS; EVIDENCE, 5; INSURANCE
(LIFE), 1; MONEY.
PENALTY. Fines imposed by the by-laws of a building association on its members, for pon-payment of weekly dues, are not such penalties as equity will refuse to enforce. — Shannon v. Howard Mutual Building Association of Baltimore, 36 Md. 383.
PLEADING. In an action on a promissory note, the declaration averred that defendant made the note to S., treasurer of the B. Co. The only plea was want of consideration. Held, that defendant was estopped to deny the existence of the company. – Vater v. Lewis, 36 Ind. 288. See AIDER BY VERDICT ; SLANDER.
Post OFFICE. — See TRESPASS.
POWER. A married woman was empowered to dispose of property by will duly executed, or by any testamentary paper in the nature of a will, attested by at least two persons. She exercised the power by a testamentary paper, valid as a will under the general law, but not in conformity with the statute concerning wills by married women. Held, a good execution of the power. — Schley v. McConey, 36 Md. 266. See LUNATIC.
PREROGATIVE. 1. A mechanic's lien law does not apply to contracts for the erection of public buildings by the state. — People v. Butler, 2 Neb. 5.
2. A statute forbidding persons under sentence for felony to be brought up as witnesses in a cause by habeas corpus ad testificandum, held, not to apply in case of convicts required as witnesses by the state. — State v. Adair, 68 N. C. 68.
PRESENTMENT. — See ACCEPTANCE.
PRIORITY. An infant's land was sold by his guardian, by license of court. After the license was granted, but before the sale, a judgment was recovered against the infant, and execution levied on the land. Held, that nothing passed by the guardian's sale, the purchaser's title not relating back to the date of the license. - Shaffner v. Briggs, 36 Ind. 55.
PROCHEIN AMI. An infant, having no guardian, sued by prochein ami, and recovered judgment, the amount of which was paid to the attorney of record employed by the prochein ami, who acknowledged satisfaction on the record. Held, that the judgment was satisfied. — Baltimore & Ohio R.R. Co. v. Fitzpatrick, 36 Md. 619.
PROFANE SWEARING. An indictment for profane swearing must charge the offence to have been committed in the hearing of divers persons; and an averment that it was committed, “ to the common nuisance of all the good citizens of the state then and there being assembled,” is not sufficient. — State v. Pepper, 68 N. C. 259.
PROMISSORY NOTES. — See BILLS AND NOTES. RAILROAD. — See CARRIER, 1; ConstituTIONAL LAW, 8, 9; CONSTITUTIONAL
Law, STATE, 2, 5; DAMAGES, 2; MASTER AND SERVANT; NEGLIGENCE; WAY, 2.
RATIFICATION. — See MARRIAGE.
REBELLION. - See War.
RELEASE. — See APPEAL, 1.
REMAINDER. — See WARRANTY, 2. REMOVAL OF SUITS FROM STATE TO UNITED STATES COURTS. 1. An administrator being sued at law by several creditors of the intestate's estate, which was insolvent, obtained a decree in chancery for administration, and restraining the creditors from enforcing any judgments they might recover pending the suit in chancery. Held, that one creditor, who was a non-resident of the state, could not remove his action at law against the administrator into the United States court. — Burts v. Loyd, 45 Ga. 104.
2. In an action pending in a state court, one of the plaintiffs, a non-resident, moved to remove the cause into the United States circuit court. The other plaintiffs and the defendants were citizens of the state. Motion denied. — Beery v. Irick, 22 Gratt. 484.
3. A non-resident, who, being neither plaintiff nor defendant in a cause pending between citizens of the same state, voluntarily becomes a party to the suit, cannot remove it into the United States circuit court. - Williams v. Williams, 24 La. Ann. 55. See CONSTITUTIONAL LAW, 7.
RENT. — See ACTION, 1.
RESTRAINT OF TRADE. A by-law of a town forbidding the sale, at temporary stands or tables, without a license, of lemonade, ice-cream, cakes, pies, cheese, nuts, fruit, &c., is void as an unreasonable restraint of trade. — Barling v. West, 29 Wis. 307.
SALE. False representations as to the value of a thing sold, though not known by the seller to be false when made, are a defence against an action by him to recover the price (WORDEN, C. J., dissenting). — Frenzel v. Miller, 37 Ind. 1.
See AGENT, 3; FIXTURE; FRAUDS, STATUTE OF, 1, 3; PRIORITY; RESTRAİNT OF TRADE; WARRANTY, 1; WILL, 1; WITNESS.
· SALVAGE. — See TENANT IN COMMON, 1. SATISFACTION. — See JUDGMENT, 2; PROCHEIN AMI.
SCHOOL. — See ACTION, 4.
SEAL The want of a seal to a writ of attachment is a fatal defect, and not amendable. — Shaffer v. Sundwall, 33 Iowa, 579.
SENTENCE. — See CONTEMPT, 1, 2.
SHERIFF. — See ESCAPE.
SLANDER. Declaration for slander, averring that plaintiff “ lives close to defendant, and in that neighborhood is known by all the community as “Walnuts,'” and that defendant, “ in a certain discourse bad with divers good and worthy persons of the county," accused “• Walnuts' (meaning plaintiff)" of stealing his wheat, held, bad on demurrer for not showing that the words spoken were understood by the hearers to apply to the plaintiff. – Keesling v. McCall, 36 Ind. 321. See ACTION, 4.
SLAVE. A bond given in Virginia, in October, 1863, for the purchase-money of slaves, held, valid. — Henderlite v. Thurman, 22 Gratt. 466. See CONSTITUTIONAL LAW, 1; MARRIAGE.
SOLDIER. -See CONSTITUTIONAL Law, STATE, 7.
SPECIFIC PERFORMANCE. Specific performance decreed of a contract to sell and convey land where the price had been paid in Confederate money pursuant to the contract. — Talley v. Robinson, 22 Gratt. 888. See PATENT.
SPIRITUOUS AND INTOXICATING LIQUORS. — See WITNESS.
STAMP. 1. A document not stamped according to the laws of the United States, held, inadmissible in evidence in a state court — Succession of Bernard, 24 La. Ann. 402.
2. An indictment for forging a note need not aver that the note was stamped. — State v. Hill, 30 Wis. 416. STATUTE. — See BANKRUPTCY, 4; CONSTITUTIONAL LAW, 2-9; CONSTITU
TIONAL LAW, State, 2, 4; FIRE; FISHERY; MUNICIPAL CORPORATION, 2;
STATUTE OF FRAUDS. — See FRAUDS, STATUTE OF.
STEAMBOAT. — See CARRIER, 2.
STOPPAGE IN TRANSITU. B. and A. ordered goods of plaintiff, agreeing to give their notes at four months. Before the goods arrived, B. and A. had become bankrupt, and their store was in possession of the defendant as marshal, and the goods were received by him without the knowledge of B. and A., who had never given their notes in payment. Held, that plaintiff might reclaim the goods. — Sutro v. Hoile, 2 Neb. 186.
SUNDAY. — See Lord's Day.
SURETY. Sureties on a promissory note are not discharged by an usurious agreement between the maker and the payee for an extension of time, if the consideration for such agreement bas not been paid, and, semble, not even if it has. — Meiswinkle v. Jung, 30 Wis. 361.
SURRENDER. The surrender of a conveyance to the grantor to be cancelled does not revest the title in the grantor. — Cranmer v. Porter, 41 Cal. 462. See INSURANCE (FIRE), 1.
Tax. 1. Where a resident of Iowa had deposited for safe-keeping in Illinois some promissory notes which had never been brought into Iowa, held, that the notes were taxable in the latter state. — Hunter v. Board of Supervisors, 33 Iowa, 377.
2. Plaintiff bought bonds, held them four years, and then sold them at an