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Relation. — See Lien.
Removal Of Surra From State To United States Courts.
1. A cause was tried in a state court, and the' jury disagreed. Held, that it might be removed into the United States Circuit Court at any time before another trial. — Burson v. National Park Bank of N. Y., 40 Ind. 173.
2. A citizen of Michigan was bound by a bond to a citizen of South Carolina, who assigned the bond to two persons, citizens respectively of South Carolina and New York, who brought an action thereon against the obligor, in a state court of South Carolina, in their own names, as they were authorized to do by a statute of the state. Held, that the cause could not be removed into the United States Circuit Court. — Robb v. Parker, 3 So. Car. 60.
8. By statute of Virginia, a person claiming property levied on by virtue of an execution against another, may, by giving bonds, stay proceedings under the execution until his title to the property is tried in an issue made up for the purpose. Held, that an issue so made up in a Virginia court was not removable into the Circuit Court of the United States for trial, though the claimants were citizens of other states. (strong, J., dissenting.) —First Nat. Bank of Alexandria v. Trumbull, 16 Wall. 190.
See National Bank.
Indictment for violation of a statute which had been repealed by a later statute, providing that nothing therein contained should affect any penalty "already incurred under the provisions of any law in force prior to the passage of this act." The offence complained of happened before the latter statute took effect, but after its approval by the governor. Held, that the indictment was sustainable. — Commonwealth v. Bennett, 108 Mass. 80.
See Corporation, 2.
Judgment on a nonsuit in replevin cannot be for a return. (downey, J., dissenting.) — Wiseman v. Lynn, 89 Ind. 250. See Witness, 2.
Res Adjudicata. — See Judgment, 3.
S. conveyed land to M., "reserving all the timber for his own use and advantage; in case M. should want to clear the land, the owner of said timber to take it off by being notified thirty days previous." Held, that the timber was personal property. — McClintocVs Appeal, 71 Penn. St. 365.
Restriction. — See Condition, 2.
Plaintiffs owned land bordering on Lake Champlain. Defendants made land by filling in earth in front of plaintiffs' land, from low-water mark into the lake, and built wharves and docks thereon. Held, that plaintiffs could not maintain ejectment therefor. — Austin v. Rutland R.R. Co., 45 Vt. 215.
1. A sale of fish hereafter to be caught in the sea, passes no title to the fish when caught. — Low v. Pew, 108 Mass. 847.
2. An absolute sale of property was made, and the purchaser entered into possession; after which the vendor made a deed conveying the property to the purchaser on condition. Held, that whether or not the purchaser assented to the condition, the property, while remaining in his hands, was attachable for his debt.
— Wright v. Vaughn, 45 Vt. 369.
See Accession; Frauds, Statute Of, 1, 2; Insurance (Fnte), 8; MortGage, 1.
After service of a writ, and before the session of the court, the defendant paid the debt, and the plaintiff received the amount paid as in full of the debt; but no costs were paid, though demanded by the plaintiff. Held, that the plaintiff could not proceed for nominal damages and costs. (seymour, J., dissenting.)
— Buell v. Flower, 39 Conn. 462.
Seduction. — See Constitutional Law, State, 2.
Declaration for slander in charging plaintiff with keeping a bad house, innuendo, a bawdy-house, held, bad, for want of a sufficient colloquium to justify the innuendo. — Peterson v. Sentman, 37 Md. 140.
Soldier. — See Evidence, 5.
A statute not preceded by the formal enacting clause prescribed by the Constitution, held, not therefore invalid. — Cape Girardeau v. Riley, 54 Mo. 424. See Corporation, 5; Repeal.
Statute Of Frauds. — See Frauds, Statute Of.
Plaintiff declared on an agreement to sell to him stock in a corporation, "so as to vest the clear title in him, free of all incumbrances, debts, or liabilities." Breach, that the corporation was and is in debt. Held, bad on demurrer, for not showing that the debts of the corporation were such as plaintiff could have been held liable for, and quaere, whether the action could be maintained even in that case. — Williams v. Hanna, 40 Ind. 535.
See Corporation, 1.
Subscription. — See Contract, 3.
Sunday. —See Lord's Day.
Defendant indorsed a due-bill made by C. to plaintiff, as follows: "I hereby become security of C. for the fulfilment of the within obligation." Held, an original undertaking by defendant, on which plaintiff might sue without proving diligence to pursue C. — Askton v. Bayard, 71 Penn. St. 139.
See Insolvency, 1; Payment.
The charter of a corporation providing that its property " shall not be subject to taxes or assessments," held, not to exempt it from assessment for street improvements. — State v. Newark, 6 Vroom, 157.
See Constitutional Law, 6, 7; Lien.
Tenant In Common. Ejectment. Plaintiff claimed under a judgment recovered against C., who was tenant in common with others of the lands demanded, and of other lands in the same county, and execution levied on the lands demanded only. Defendants claimed under a subsequent partition between the tenants in common. Held, that plaintiff was entitled to recover. — Buller v. Roys, 25 Mich. 58.
Trespass. — See Judgment, 1.
After a jury had retired to consider of their verdict, they sent to the court a written request for instructions. The court sent an instruction in writing, and also a copy of the statutes, without the knowledge of counsel on either side. Held, error. — State v. Patterson, 45 Vt. 808.
See Removal Of Suits, 1.
Trover. — See Accession; Contract, 2; Damages, 1.
Devise to testator's wife, "to her own use, and to be disposed of at her decease, according to the terms of any will that she may leave. She is, of course, to charge herself with the education and support of our daughters so long as they shall remaiu unmarried." Held, that no trust or charge upon the estate was created. — Spooner v. Lovejoy, 108 Mass. 529.
Ultra Vires. — See Information.
Students at a college, supporting themselves, emancipated from their fathers' families, and having no intention of returning thereto as a permanent abode, held, not entitled to vote in the district where the college was situated, the state constitution requiring that the voter should reside in the district. — Fry's Case, 71 Penn. St. 302.
A wager on the result of an election in another state, held, void. (Overruling former decisions.) — Gregory v. King, 58 HI. 169.
Waiver. — See Condition, 1; Insurance (fire), 2. War. — See Carrier; Insurance (life), 2; Limitations, Statute Of, 2;
Land was conveyed by C. for the benefit of his creditors, with power to the assignee to sell the land " at such time, in such manner, and upon such terms as he may deem expedient." The assignee sold the land, with covenants of warranty. The purchaser was afterwards compelled to pay money, to avoid eviction under a paramount right of dower. Held, that he could not recover out of C.'s estate the money so paid. — Welsh v. Davis, 3 So. Car. 110.
See Estofpel, 1; Evidence, 2; Stock.
Watercourse. — See Action, 2; Riparian Owner.
By the law of Indiana, a widow takes one-third of the real estate of her husband deceased intestate, and cannot alienate it during any subsequent coverture. A widow sold land so acquired, received part of the purchase-money, gave a bond to convey when the rest should be paid, and afterwards married again. Held, that she might convey according to her bond, notwithstanding coverture. — Deweese v. Beagan, 40 Ind. 513.
Under a statute which saves from lapse a devise to " a child, or other relation of the testator," who dies before the testator, held, that a step-son was no relation. — Kimball v. Story, 108 Mass. 382.
See Devise, 1; Trust J Witness, 1.
1. Owners of pews in a church, the rents of which are applied to the pay of the minister, are competent witnesses to a will giving a legacy to the church for the support of the minister. — Russell v. Russell, 3 Houst . 103.
2. In replevin, defendant pleaded property in H. (who was not a party to the suit). Held, that H. was a competent witness for the defendant.—Mears v. Waplei, 3 Houst. 681.
"Construction or Repair of a Building." — See Mechanic's Lien. "Debt arising out of Contract . . . in Case of Fraud." — See Constitutional
Law, State, 2.
"Due Course of Law.'''' — See Constitutional Law, State, 5.