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thereof within the statute. (WHITE, J., dissenting ) – Himrod Furnace Co. v. Cleveland and Mahoning R.R. Co., 22 Ohio St. 451.
2. A contract to continue as long as the parties are mutually satisfied” is got within the statute, as a contract not to be performed within a year. — Greene p. Harris, 9 R. I. 401.
3. Defendant orally promised to indemnify plaintiff for indorsing the note of a third party, and plaintiff, relying wholly on such promise, did indorse the note. Held, not within the statute. — Vogel v. Melms, 31 Wis. 306.
GENERAL AVERAGE. Expenses incurred for seamen's wages and subsistence are items of charge proper to be included in the adjustment of general average. - Barker v. Baltimore and Ohio R.R. Co., 22 Ohio St. 45.
GOLD. — See Money; USURY, 2.
HOMESTEAD. The granting of a divorce to a wife and the giving her the custody of the children does not make the homestead remaining in the possession of the husband liable for his debts. — Woods v. Davis, 34 Iowa, 264.
HUSBAND AND WIFE. Though a wife may bring a suit for divorce in her own name, yet she is not personally liable for the fees of an attorney whom she employs in such suit. Cook v. Walton, 38 Ind. 228. See HOMESTEAD; WITNESS.
IGNORANTIA Juris. — See AGENT.
ILLEGAL CONTRACT. It is no bar to an action on an account stated, that the defendant's indebtedness was for liquors sold by the plaintiff on Sunday, contrary to law, if the account was not stated on Sunday; but if the sale was illegal for want of a license, the action on a subsequent account stated cannot be maintained. — Melchoir v. McCarty, 31 Wis. 252. See CONFLICT of Laws, 1; CONTRACT, 2; CORPORATION, 1; WAR.
IMPRISONMENT. — See CONSTITUTIONAL LAW, State, 1.
INCUMBRANCE. Where a contract is made for the sale of land, the vendor to give a warranty deed on payment of the purchase-money, and part of the land is afterwards taken for a railroad, damages for the taking belong in equity to the purchaser, and therefore he cannot treat such taking as an incumbrance and recover therefor against the vendor on his covenant. — Stevenson v. Loehr, 57 II. 509. See MORTGAGE.
INDICTMENT. 1. Indictment for robbery of “ten dollars in money of the United States currency,” held bad for uncertainty. – Croker v. The State, 47 Ala. 53.
2. Indictment for murder “ with a shot-gun” (not saying whether by shooting or otherwise); held, bad. — Edwards v. The State, 27 Ark. 493. See CONSTITUTIONAL LAW, STATE, 3; LARCENY.
INDORSER. An indorsement void for usury is valid to pass the title of a note to the indorsee and enable him to collect the note of the maker. — Armstrong v. Gibson, 31 Wis. 61.
See FRAUDS, STATUTE OF, 3.
INJUNCTION. Injunction granted to restrain town officers from wrongfully laying out a road through a cemetery. — First Evangelical Church v. Walsh, 57 III. 363.
See CONFLICT OF FEDERAL AND STATE AUTHORITY, 2; EQUITY; MUNICIPAL CORPORATION, 1.
INSURANCE (FIRE). 1. Action on a policy of insurance against fire, containing a clause exempting the insurers from liability for “any loss or damage occasioned by or resulting from any explosion whatever.” The evidence was that the property was destroyed by fire set by the explosion of vapor produced in distilling. Held, that the insurers were not liable. - United Life, Fire, and Mar. Ins. Co. v. Foote, 22 Ohio St. 340.
2. A loss by fire was adjusted between the assured and the insurers, who agreed to pay a certain amount at a future day, unless they should before that day notify the assured of their intention to contest their liability. No such notice was given, and no payment made; whereupon the assured brought an action on the policy, and the assurers pleaded a clause contained therein, limiting actions to twelve months after a loss. Held, that the time during which the agreement first mentioned was in force was to be excluded from the period of limitation. — Black v. Winneshiek Ins. Co., 31 Wis. 74.
See MONEY; WAIVER.
INSURANCE (MARINE). Under the usual suing and laboring clause in a policy of marine insurance, the insurer of a vessel is not liable for expenses beyond the amount insured, incurred for temporary repairs upon the vessel to make her seaworthy, she being at the time safe in port. — Alexander v. Sun Mut. Ins. Co., 51 N. Y. 253.
See GENERAL AVERAGE; MONEY.
INTEREST. Where a note was made payable in three years from date, with interest payable semi-annually, interest to the date of judgment was allowed on unpaid instalments of interest. — Wheaton v. Pike, 9 R. I. 132.
See NATIONAL BANK, 1, 2; Usury, 1, 2, 3.
JUDGE. The decree of a judge of probate declaring an estate insolvent, on the representation of the administrator, and receiving the claims of creditors, is not void
by reason of the judge's relationship to some of the creditors. — Hayes v. Collier, 47 Ala. 726. JUDGMENT. — See ATTORNEY; BANKRUPTCY, 3; CONFLICT OF Laws, 2;
EVIDENCE, 4; OFFICER, 1.
AUTHORITY, 1; Costs; JUDGE; OFFICER, 1; PENAL ACTION.
JUSTIFICATION. — See EVIDENCE, 1.
LARCENY. Indictment for the larceny of “ silver-bearing ore.” Held, that "ore" meant something severed from the realty, and so the subject of larceny, and therefore that the indictment was good. — State v. Berryman, 8 Nev. 262.
LEASE. A land-owner was permitted, by contract with a railway company, to lay a track connecting their line with his land. Held, that a lessee of the land was not entitled (1) to the benefit of the contract, nor (2) to use a connecting track without consent of the company. - People v. Chicago and N.W. Railway Co., 57 III. 436. See COVENANT, 2.
LIEN. 1. A vendor's lien is not assignable. — Hecht v. Spears, 27 Ark. 229.
2. A mechanic's lien is assignable. — Skyrme v. Occidental Mill and Mining Co., 8 Nev. 219. See ATTORNEY. LIMITATIONS, STATUTE OF. - See ExecutOR AND ADMINISTRATOR, 3.
LORD's Day. An action on the case for immoderate driving of a horse during a pleasure drive on Sunday, for which he was hired, held, not maintainable. - Parker v. Latner, 60 Me. 528. See ILLEGAL CONTRACT.
LOTTERY. - See CONFLICT OF Laws, 1.
MALPRACTICE. Physicians are liable only for want of ordinary skill and diligence, the average of that possessed by the profession as a body, and not by the thoroughly educated only. (Beck, C. J., dissenting.) – Smothers v. Hanks, 34 Iowa, 286.
MARINE INSURANCE. — See INSURANCE (MARINE).
MARRIED WOMAN. — See HUSBAND AND WIFE. VOL. VIII.
MASTER AND SERVANT. A boy riding on a car was wilfully and wantonly struck by the driver, and thereby thrown off the car, the wheel of which passed over him. Held, (1) that the car-owners were not liable for the driver's act in striking the boy; (2) that they were liable for negligently driving over him. — Pittsburgh, Alleghany, and Manchester Passenger Railway Co. v. Donahue, 70 Penn. St. 119.
MEASURE OF DAMAGES. — See DAMAGES.
MECHANIC'S LIEN. — See LIEN, 2.
MISJOINDER. A count for breach of promise of marriage cannot be joined in the same declaration with a count for deceit. — Wilkinson v. Pomeroy, 10 Blatchf. 524.
MONEY. Where a mutual insurance company, aside from its usual risks, issues policies whereby, in consideration of the premium being paid in gold, it agrees to pay any losses in gold, it is not bound to pay dividends on such policies in gold. — Luling v. Atlantic Mutual Insurance Co., 51 N. Y. 207. See Usury, 2.
Mortgage. An estate was conveyed by deed containing a covenant against incumbrances; but there was in fact a mortgage on the estate, which the grantee verbally agreed to assume. Held, that this agreement was enforceable in equity. — Wilson v. King, 8 C. E. Green, 150. See CHATTEL MORTGAGE.
MUNICIPAL CORPORATION. 1. A bill in equity will lie to enjoin a municipal corporation from taking land for a street, and levying a tax for betterments effected thereby, where the proceedings are regular on their face, and are to be impeached by extrinsic evidence. - Miller v. Mayor, &c., of Mobile, 47 Ala. 163.
2. There is no presumption of the validity of a city ordinance, but the party justifying under it must prove that it was regularly made. — Eldred v. Lehay, 31 Wis. 546. See CONSTITUTIONAL LAW, STATE, 3, 5; INJUNCTION.
MURDER. - See INDICTMENT, 2.
NATIONAL BANK. 1. National banks organized under act of Congress are not bound by the usury laws of the states in which they are situated. — First National Bank of Columbus v. Garlinghouse, 22 Ohio St. 492.
2. National banks situated in a state where one rate of interest is allowed by law generally, and a greater rate for banks of issue organized under the state laws, can, under the 30th section of the National Currency Act (13 Sts. at Large, 108), charge only the lesser rate. — Shunk v. First National Bank of Galion, 22 Ohio St. 508.
3. A by-law of a national bank, that the stock shall be transferable only on the books of the bank, that no stockholder indebted to the bank shall be allowed to transfer his stock without consent of the directors, and that the stock of any stockholder so indebted shall be held pledged for such debt, and may be sold for the satisfaction thereof, in default of payment, held, valid. — Lockwood v. Mechanics' National Bank, 9 R. I. 308. NEGLIGENCE. - See ACTION, 2; AGENT; MALPRACTICE; MASTER AND SER
In a trial by jury of an issue of fact in an equity cause, the court cannot order a nonsuit. — Birdsall v. Paterson, 51 N. Y. 43.
NOTICE. Where a notice is served by mail, it is deemed to have been served on the day when it was posted. — Lyon County v. Washoe County, 8 Nev. 177. See NUISANCE.
NUISANCE. To maintain an action against a land-owner for a nuisance on his land erected by a previous owner, it is necessary to show that he had notice of the nuisance, but not that he was requested to abate it. — Conhocton Stone Road v. Buffalo, New York, and Erie R.R. Co., 51 N. Y. 573.
OATH. — See Trial, 1.
OFFICER. 1. Where the question of the legality of an election arises incidentally in a suit in equity, the court will decide it; but such decree cannot settle the right to the office, or remove the actual incumbent. — Johnston v. Jones, 8 C. E. Green, 216.
2. A register of deeds falsely certified, over his official signature, that he had examined a title and found it unincumbered. It was no part of his official duty to make examinations or certificates of title. Held, that he was indictable for misconduct in office. (TAPLEY, J., dissenting.) — State v. Leach, 60 Me. 58.
3. Without an office de jure, there cannot be an officer de facto. — State v. Lake, 8 Nev. 276. See SURETY.
ORDINANCE. — See MUNICIPAL CORPORATION, 2.
PAROL. — See EVIDENCE, 2, 5.
PARTNERSHIP. Agreement that defendant was to furnish a horse for use in the corn-shelling business, and a boy to attend the machine, and that plaintiff was to go about with the machine and do the work; and that earnings and expenses were to be shared between them. Held, a partnership. — Gilbank v. Stephenson, 31 Wis. 592.
PASSENGER. — See Damages, 1.