JURISDICTION.

Statutory action on the case by an administrator to recover for the death of his intestate, caused by being run over by defendant's vessel in Narraganset Bay, held, to be properly brought in a state court. - American Steamboat Co. v. Chase, 16 Wall. 522; affirming s. c. 9 R. I. 419.

See BANKRUPTCY, 1, 5, 7; ECCLESIASTICAL LAW; INSOLVENCY, 2; NATIONAL BANK; REMOVAL OF SUITS.

JURY.

Affidavits of jurors that they agreed on a certain amount to be returned, with interest, as their verdict, and that there was a mistake made in computing the interest, held, inadmissible to impeach the verdict. Withers v. Fiscus, 40 Ind.

Under a statute providing that estimates for street improvements shall be a lien upon the ground upon which they are assessed, held, that the lien attached only from the time of the estimate, and did not relate back to the time when the improvement was begun. -Jones v. Schulmeyer, 39 Ind. 119.

See CONSTITUTIONAL LAW, 3; CONSTITUTIONAL LAW, STATE, 3; MECHANIC'S LIEN.

LIMITATIONS, Statute of.

1. Action on a statute against a town to recover damages for the destruction of plaintiff's property by riots within the town. Plea, the general Statute of Limitations of three years. Before action brought, the legislature had passed an act providing that any cause of action of this kind which had theretofore arisen, might be prosecuted within five years. Held, that the act was constitutional, and therefore the plea bad. - - Mayor & Council of Hagerstown v. Sehner, 37 Md. 180.

2. The running of the statute in one of the counties of Missouri, held, not to be stopped during the time in which the courts of the county were closed in consequence of the rebellion. - McKinzie v. Hill, 51 Mo. 303.

LORD'S DAY.

Plaintiffs contracted to publish an advertisement in the weekly Sunday edition of their paper for a year. Held, that it did not appear, and was not to be presumed, that the contract contemplated any labor to be done on Sunday, and, therefore, that it was valid. — Sheffield v. Balmer, 52 Mo. 474.

LUNATIC.-See FALSE IMPRISONMENT, 1.

MANDAMUS.

A judge set aside a verdict and granted a new trial, ex mero motu, without being requested to do so by the losing party. Held, error, and that mandamus

would lie to compel him to enter judgment on the verdict. Tex. 1.

MANSLAUGHTER. See HUSBAND AND WIFE, 3.
MARRIED WOMAN.-See HUSBAND AND WIFE.
- See DAMAGES.

MEASURE OF DAMAGES.

MECHANIC'S LIEN.

Making a pavement in front of a lot on which is a building is not "construction or repair of any building," within the meaning of a statute giving a mechanic's lien for labor and materials furnished for such construction or repair. Knaube v. Kerchner, 37 Ind. 217.

MINE.

Plaintiff being seised in fee of a tract of land, granted by deed, in consideration of $2000, to the defendant, his heirs, executors, and assigns, the right of entering upon all or any part of the said tract, for the purpose of conducting mining operations to any extent he might deem advisable, and for working, removing, selling, using, and appropriating, as the property of the defendant, for the term of ten years, all minerals that might be found on, by any person or persons, or contained in, any part of said tract. Held, (1) that this was a demise of the beds of minerals, and of the right to work them, for ten years; (2) that such right was exclusive in the grantee; (3) that he might convey the whole or a part of it. Massot v. Moses, 3 So. Car. 168.

P. offered to give land for a school-house in a certain district. The voters of the district accepted the offer, and building was begun on the land. P. then executed and recorded a deed conveying the land for school purposes, on condition that it should be used for the benefit of white people only. On bill filed to reform the deed on the ground of mistake, held, that P. was bound to make a deed without the condition. — Price v. School Directors, 58 Ill. 452.

MONEY.

1. A mortgage foreclosed before the passage of the Legal Tender Act, held, not redeemable in legal tender notes. Morrow v. Rainey, 58 Ill. 357.

2. A debt contracted before the passage of the Legal Tender Act was paid by defendant to plaintiff in United States currency; the parties agreeing that, if at any time thereafter it should be adjudged by the Supreme Court of the United States that such payment was not sufficient, plaintiff might return the currency so paid, and demand an equal number of dollars in gold. After the decision in Hepburn v. Griswold, 8 Wall. 604, plaintiff demanded the gold, and sued defendant for not paying. Pending the action, the case of Knox v. Lee, 12 Wall. 457, was decided; overruling Hepburn v. Griswold. Held, that plaintiff was nevertheless entitled to recover. Woodruff v. Woodruff, 52 N. Y. 53.

See BURDEN OF PROOF.
MONEY HAD AND RECEIVED.

MONOPOLY.

MORTGAGE.

1. Mortgage, with power of sale, to be exercised in default of payment by the mortgagee, his heirs or assigns. In the absence of any other evidence, assignable at law, of the debt, held. that the power could be executed only by the mortgagee, and not by an assignee of the mortgage. - Mason v. Ainsworth, 58 Ill. 163.

2. Bill to foreclose a mortgage given to secure payment of a promissory note. Plaintiff was assignee of the mortgage, and also of the note, for value, before maturity, without notice of any equities between the original parties. Held, that such equities were no defence to the bill to foreclose. Carpenter v. Longan, 16 Wall. 271; reversing s. c. 1 Color. 205.

See ASSUMPSIT, 2; FIXTURE, 2; FRAUDULENT CONVEYANCE, 2; INSURANCE (FIRE), 3; MONEY, 1; PARTNERSHIP.

MUNICIPAL CORPORATION.

7;

CONSTI

TUTIONAL LAW, STATE, 4; LIMITATIONS, STATUTE OF, 1; NEGLIGENCE, 3.

Action brought in a state court of New York against a national bank established in Boston. Held, (1) that the court was not ousted of jurisdiction by sect. 57 of the National Currency Act (13 Sts. at Large 99), that statute being permissive and not mandatory as to the courts in which a national bank may be sued; (2) that the cause could not be removed by the defendant into the United States Court under the Act of Congress of 1867 (Sts. at Large), that statute not applying to corporations, because they cannot make the affidavit therein required. Cooke v. State Nat. Bank of Boston, 52 N. Y. 96.

1. Action against defendant for bringing into the state diseased cattle from another state, contrary to law, whereby plaintiff's cattle were infected and died. Held, that no negligence of plaintiff, not amounting to gross negligence, would bar his recovery.· Somerville v. Marks, 58 Ill. 371.

2. Declaration against a railroad company for negligence whereby plaintiff was injured, not averring that he was himself in the exercise of due care, held, good. Thompson v. North Missouri R.R. Co., 51 Mo. 190.

3. Declaration against a town for negligently leaving open an excavation in a street in said town, whereby an accident happened, not averring that the street was a public way, that defendants were bound to keep it in repair, or that they had notice of the defect, held, sufficient after verdict.— Bowie v. Kansas City, 51 Mo. 454.

4. Action against a railway company by a passenger to recover for the breaking the plaintiff's arm by defendant's negligence. At the time of the accident plaintiff had his arm outside the window of the car. Held, that this was not per

se negligence in plaintiff, but that whether it contributed to the injury was a question for the jury. - Barton v. St. Louis & Iron Mountain R.R. Co., 52 Mo. 253. See CONSTITUTIONAL LAW, STATE, 4.

NEW TRIAL.

At the second trial of a cause, a person was on the jury who had served on the jury at the first trial two years before; but this fact was not known to either of the parties or the counsel till after verdict, though the record of the former trial contained a list of the jury. Held, (1) that the objection did not come too late; (2) that it was ground for granting a new trial. Williams v. Mc Grade,

1. William Radford was appointed commissioner by a court, but Robert Radford performed the duties of the office. Held, that evidence was inadmissible to show Robert to be the person intended to be appointed, and that his proceedings were void. Bench v. Otis, 25 Mich. 29.

2. Defendant gave a bond, as county treasurer, conditioned that he should, during his term of office, safely keep and faithfully pay over, according to law, all moneys which came into his hands. Held, that a loss by robbery was no defence to an action on the bond for not paying over certain moneys. - County Commissioners of Hennepin County v. Jones, 18 Minn. 199. See CONSTITUTIONAL LAW, STATE, 5.

ORDINANCE.

- See BY-LAW; CONSTITUTIONAL LAW, 7.

PARENT. See FRAUDULENT CONVEYANCE, 1.

One of three partners mortgaged his interest in the firm to secure an individual debt to plaintiff, who sold the property under the mortgage and bought it in himself; another person having at the same time and in like manner become possessed of another partner's interest. After the execution of the mortgages, but before the sale under them, the third partner sold his interest to a stranger; and, after all these transactions, a judgment was recovered against the firm, and execution levied on the goods which had belonged to the firm, by defendant as sheriff, whom plaintiff thereupon sued in trover. Held, that he could not recover. Menagh v. Whitwell, 52 N. Y. 146.

Defendant guaranteed to plaintiffs the payment of a contract made by them with D. to the amount of $10,000. D., who was indebted to plaintiffs for work done before the contract guaranteed, afterwards paid them money, without direct

ing any appropriation. Held, that plaintiffs might apply it to the debt due before Woods v. Sherman, 71 Penn. St. 100.

the guaranty.

See BURDEN OF PROOF; CHECK; MONEY, 2; SATISFACTION.

PLEADING.

PERSONAL PROPERTY.

See RAILROAD; RESERVATION.

PHYSICIAN. See PUBLIC POLICY.

See ACTION, 1, 3; BANKRUPTCY, 2, 3; EVIDENCE, 1; INSURANCE (FIRE), 1; JUDgment, 3; NEGLIGENCE, 2, 3; SLANDER.

- See BANKRUPTCY, 1; EVIDENCE, 1; NEW TRIAL; TRIAL.

PRECATORY TRUST.-See TRUST.

PREROGATIVE. ·

Homestead exemption laws, held, to bind the state like private creditors.— State v. Pitts, 51 Mo. 133.

Land sold to the Confederate States during the war, held, to belong to the United States on capture, without further proceeding.— United States v. Huckabee, 16 Wall. 414.

PUBLIC POLICY.

Plaintiff and defendant were physicians. Plaintiff being about to remove from the town where he lived, promised defendant, in consideration of $500, to recommend him to his patients, and endeavor to induce them to employ him. Held, that this agreement was lawful and not against public policy. (PARK and SEYMOUR, JJ., dissenting.) Hoyt v. Holly, 39 Conn. 326.

See ILLEGAL CONTRACT.

V.

RAILROAD.

Rolling stock of a railroad company held to be personal property. — Randall Elwell, 52 N. Y. 521.

See CARRIER; CORPORATION, 5; NEGLIGENCE, 4.

RAPE.

Indictment for rape. The jury were instructed that they might convict if they found that defendant procured the woman to have connection with him by fraudulent representations, which she believed, that it was a necessary part of his medical treatment of her. Held, error. Don Moran v. The People, 25 Mich. 856.

RECORD. See DEED, 3; FOREIGN JUDGMENT, 1, 2; JUDGMENT, 2.