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held by the Supreme Court, (1) that it had jurisdiction of the case, (2) that the objection that plaintiff's remedy was at law was taken too late. Decree reversed, the title to the land adjudged to be in plaintiff, and writ of possession therefor ordered to issue, to be executed by the marshal of the Supreme Court. (SWAYNE, Strong, and BRADLEY, JJ., dissenting.) — Tyler v. Maguire, 17 Wall. 253.
See AMENDMENT; LIMITATIONS, STATUTE OF, 2; TENANT IN Common. JURISDICTION. — See BANKRUPTCY, 2; CONSTITUTIONAL LAW, State, 4, 5.
EQUITY ; JUDGMENT, 2; MARTIAL LAW; PROHIBITION; VENUE.
JURY. '1. Alienage of a juror, in a civil case, held, not assignable as error after verdict. — Johr v. The People, 26 Mich. 427.
2. After a jury had retired to consider their verdict, one of them privately asked a witness in the cause whether he had made a certain statement on the stand, and the witness answered that he had. Held, cause for granting a new trial. – Vanmeter v. Kitzmiller, 5 W. Va. 380.
See CHALLENGE; CONSTITUTIONAL LAW, 6; CONSTITUTIONAL Law, STATE, 1, 4, 5.
Jus PostLIMINII. The goods of plaintiff, a non-combatant, were captured in battle by United States soldiers, who sold them to A., of whom plaintiff demanded them within twenty-four hours after capture. A. refused to give them up. Held, a conversion. — Elrod v. Alexander, 4 Heisk. 342.
JUSTICE OF THE PEACE. — See REMOVAL OF SUITS.
LARCENY. Information for larceny of “one hundred and thirty-five dollars, of the property, goods, and chattels of C.," held, bad for uncertainty. – Merwin v. The People, 26 Mich. 298.
LIBEL. — See EVIDENCE, 1.
Limitations, STATUTE OF. 1. A person indicted for felony was found guilty of misdemeanor, the offence being alleged and proved to bave been committed more than twelve months before. Under a statute providing that “ all prosecutions for misdemeanors shall be commenced within twelve months next after the offence has been committed,” held, that the defendant was entitled to an acquittal. — Turley v. The State, 3 Heisk. 12.
2. Action on a judgment. Plea, a statute limiting the time for bringing actions on " a specialty or any agreement, contract, or promise in writing." Held, no bar. - Barnes v. Simpson, 9 Kans. 658.
3. The assignee of a bankrupt, more than two years after his appointment, came in to prosecute a suit begun by the bankrupt within two years after the assignee was appointed. Held, that he did not become plaintiff, by relation, from the time the suit was begun, and that the two years' limitation in the Bankrupt Act, of suits by assignees, was a bar. — Cogdell v. Exum, 69 N. C. 464.
See INFANT, 2; REPEAL.
LOTTERY. — See CONSTITUTIONAL LAW, 8.
MANDAMUS. A writ of mandamus directed to a public officer is abated by his resignation, and his successor cannot be brought in as a party. — United States v. Boutwell, 17 Wall. 604.
MARRIAGE. A free negro married a slave woman and died. After his death slavery was abolished, and marriages contracted by slaves were ratified and declared valid by act of the legislature. Held, that the widow's marriage was made valid ab initio, and that she was entitled to dower out of her husband's estate. -- Andrews v. Page, 3 Heisk. 654.
See ConstitUTIONAL Law, 5. MARRIED WOMAN. — See CONSIDERATION, 3; DoWER, 1, 2; HUSBAND AND
Martial Law. An order of the general commanding the United States army in Mississippi in February, 1869, setting aside the judgment of a civil court and ordering a new trial, held, void. (TARBELL, J., dissenting.) – Welborn v. Mayrant, 48 Miss. 652.
MASTER AND SERVANT. 1. The conductor of a train ordered a boy standing by, who was not in the railway company's employ, to uncouple the cars. The boy at first refused, but, on being threatened by the conductor, tried to uncouple the cars, and in doing so was injured. Held, that the railway company were not liable. – New Orleans, Jackson, & Gt. North. R.R. Co. v. Harrison, 48 Miss. 112.
2. A boy employed by a company under the direction of C., a workman of the company, was injured while doing, by C.'s order, a dangerous piece of work not within the scope of his duty. Held, that the company was liable. — [Union Pacific] Railroad Co. v. Fort, 17 Wall. 553. See Action, 1, 2; CONTRACT.
MEASURE OF DAMAGES. — See DAMAGES.
MISJOINDER. Action on the case by husband and wife. The declaration contained a count averring negligence of defendants, causing injury to the wife, whereby the husband consortium amisit, and was obliged to spend money in her cure, &c., and other counts for the same cause, omitting the averments of special damage to the husband. Held, bad on demurrer for misjoinder. – Wheeling v. Trowbridge, 5 W. Va. 353. See PARTIES, 1.
MONEY. A sheriff in one of the Confederate States, during the war, collected the amount
of an exccution in Confederate money, and returned the execution satisfied.
MORTGAGE. A mortgagee entered into possession and took the rents and profits to an amount sufficient to satisfy his mortgage. Held, that the mortgagor could not thereupon maintain ejectment against him, but must go into equity for a remedy. - Hubbell v. Moulson, 53 N. Y. 225.
See EQUITY; FORECLOSURE; FRAUDS, STATUTE OF, 3; POWER; Tax, 2. MUNICIPAL CORPORATION. — See BY-LAW; CONSTITUTIONAL LAW, STATE, 7,
9; Tax, 3.
NEGLIGENCE. Plaintiff was run over and injured by the cars of defendants, a horse railway company. When injured he was walking on the track in the street, though there was room to walk by the side. Held, not necessarily such negligence as would bar his recovery. - Shea v. Potrero & Bay View R.R. Co., 44 Cal. 414.
See ACTION, 2; CARRIER, 2; MASTER AND SERVANT, 2; PASSENGER, 1, 2, 3. NEGOTIABLE INSTRUMENTS. — See BILLS AND Notes; FOREIGN ATTACHMENT.
NEGRO. — See CONSTITUTIONAL Law, 5; MARRIAGE. NEW TRIAL. — See ConstitutIONAL LAW, STATE, 8; JURY, 2; MARTIAL
NOTICE. The owner of land, by power of attorney not under seal, authorized another person to sell and convey the land. The attorney sold and conveyed it by deed to A., who made a lease of it to a tenant, who entered into possession. Afterwards the original owner sold and conveyed the same land to B. Held, (1) that A. had the equitable title to the land; (2) that his possession of it by his tenant was notice of that title to B., the subsequent purchaser of the legal estate; (3) that A. was entitled to a decree against B. for a conveyance of the legal estate. — Groff v. Ramsey, 19 Minn. 44.
NOTICE TO Quit. Plaintiff sold land to defendant, taking Confederate bonds in payment. Defendant took possession of the land, and successfully resisted a suit on the bonds, on the ground that they were illegal. Held, that he thereupon became tenant at sufferance to plaintiff, who could recover against him in ejectment without giving him notice to quit. — McClung v. Echols, 5 W. Va. 204.
NUISANCE. Defendant persevered in singing in church in such a manner as to disturb the congregation. He had no intention to create a disturbance, but insisted that, “as
a part of his worship, it was his duty to sing." It was admitted by the prosecution that he was conscientiously taking part in the religious services. Held, that he was not indictable for disturbing the congregation. — State v. Linkhaw, 69 N. C. 214.
OFFICER. 1. At an election of commissioners, where there was doubt as to the number of vacancies existing in the board of commissioners, X. and Y. were elected to succeed, respectively, A. and B., whose terms of office were expiring, and Z. was also declared elected, “in case a vacancy is found to exist." Z. applied for a mandamus to admit him as the successor of A., on the ground that X. was disqualified. Held, that, even if he were, Z. was not entitled to the office. — Price v. Baker, 41 Ind. 572.
2. At an election the highest number of votes was given for a person disqualified to hold the office. The person who had received the next highest number, and who was qualified, claimed the office. Held, that he was not entitled to it, but that the election was void. — Sublett v. Bidwell, 47 Miss. 266.
3. A civil officer of the government of Mississippi during the war, held, to have no claim for his salary against the reconstructed state government. — Buck v. Vasser, 47 Miss. 551. See MANDAMUS; SHERIFF.
ORDINANCE. — See BY-LAW.
PARTIES. 1. A horse dealer sold to defendant, for a lump sum, three horses which had been entrusted to him for sale by three different persons. Held, that the three owners could not join in one action to recover the price. — Woodward v. Sherman, 52 N. H. 131.
2. A father conveyed all his property to his sons, on condition that they should support their sister dum sola, and they gave him a bond to secure performance of the condition. After the father's death the sister filed a bill to enforce the condition. Held, that the father's administrator was a necessary party to the suit. — Ralphsnyder v. Ralphsnyder, 5 W. Va. 503. PARTNERSHIP. — See AGENT; EXEMPTION; PUBLIC POLICY.
PASSENGER. 1. Plaintiff, by contract with defendants, lived on their steamboat, and hired of them a room on the boat, where he sold liquors. Held, that he was a passenger, and might sue defendants, as carriers, for injuries suffered by their negligence. – Yeomans v. Contra Costa Steam Nav. Co., 44 Cal. 71.
2. A person travelling on a freight train in charge of his own property, and paying fare, held, a passenger, and as such entitled to sue the railroad company for negligence whereby he was injured. - Indianapolis, Bloomington, & Western Ry. Co. v. Beaver, 41 Ind. 493.
3. An express company, by contract with a railway company, had the use of a car, in which their agent rode without paying fare. The agent, without authority of his employers, took the plaintiff with him to teach him the duties of the position, and the conductor, supposing plaintiff to be also an agent of the express
company, suffered him to ride without paying fare. An accident happening whereby plaintiff was injured, held, that he was not a passenger, and could maintain no action against the railway company. - Union Pacific Ry. Co. v. Nichols, 8 Kans. 505. See CARRIER, 2; ConstiTUTIONAL LAW, 2; CORPORATION, 2.
PATENT. Plaintiff was assignee of the right to make, sell, and use a patented article within a certain district. Defendant having rightfully bought the article within the district, held, that plaintiff could not have an injunction to restrain him from using it outside. (SWAYNE, STRONG, and BRADLEY, JJ., dissenting.) - Adams v. Burke, 17 Wall. 453. See CONSIDERATION, 1.
PAYMENT. Under a statute requiring a certain amount to be subscribed, and ten per cent thereof in cash paid in as a preliminary to organizing a company, a payment of ten per cent by a check which the drawer had not funds in bank to meet, though the check would have been paid if presented, held, not sufficient. — People v. Chambers, 42 Cal. 201.
PERJURY. An information for perjury, in swearing to a bill in equity, is bad if it does not show that the bill was such as is required by law to be sworn to; and an averment, that the defendant was “lawfully required to declare and depose,” is not sufficient. — People v. Gaige, 26 Mich. 30. PLEADING. — See CONSIDERATION, 1; INFANT, 2; INSURANCE (FIRE), 1; JUDG
MENT, 1; MISJOINDER; PARTIES.
PLEDGE. Stock standing in the name of “T., trustee,” was pledged by T. to secure bis own debt. Held, that the pledgee was not affected with notice of the rights of the equitable owner of the stock, and could hold it against him. - Brewster v. Sime, 42 Cal. 139.
POWER. A man held land in trust under a settlement for the separate use of his wife, who was empowered by the settlement to dispose of it by will or by deed of gift. Held, that a mortgage of the land by the husband and wife, to secure their joint debt, was void. — Head v. Temple, 4 Heisk. 34. See DEVISE, 2; FORECLOSURE, 2; NOTICE.
PRACTICE. — See ATTORNEY, 3; EVIDENCE, 2, 4; JURY.
PRECATORY Trust. Testatrix devised to her son and his heirs for ever; but if he should die without issue, “ then it is my request that the above given legacy be by him conveyed by will to his brother J., or to any of my grandchildren.” Held, that the devisee took a fee subject to no trust. — Batchelor v. Macon, 69 N. C. 545.