EXECUTORS AND ADMINISTRATORS-Continued. Election not presumed from securing riders to policies to protect Commissions required to be apportioned between the original and Bequest incompetent evidence of payment in action for services EXEMPTIONS- Property not occupied by parties not ubject to homestead ex EXPERTS- See Evidence; Witnesses. FALSE PRETENSES- False pretense in obtaining deed though not possession of land. Three counts averring false pretenses in representing ownership FAMILY RELATIONSHIP- Claim for services rendered by member of family must be estab- FENCES- Boundary line established by unconnected fences recognizes line. FLOODS- Emergency repairs; see Bridges; Counties; Highways. FRAUD- Limitations for fraud not applicable to action for recovery of FRAUDULENT REPRESENTATIONS- Mere exaggeration of dividends of stock not fraudulent represen- GAMING AND GAMBLING- Recovery of money lost at gambling by trustees in bankruptcy. GAS AND OIL- Gas company has no continuing liability to keep service pipes in Notice of defects in service pipes or duty to inspect must be GIFTS- Parol evidence incompetent to explain written receipt of draft GRADE CROSSINGS- Constitutionality of act compelling street railways to share cost GUARDIAN AND WARD- Testimony of party in personal injury case against guardian for HABEAS CORPUS- Habeas corpus does not lie for release for one committed for HEALTH- Assessment for sewer not set aside because state board of health HIGHWAYS- Notice and hearing not required to charge railway with cost of HOMICIDE- "Guilty of crime charged" sufficient verdict in second degree Instruction concerning aider and abettor not prejudicial by adding Mutilated heart of person killed exhibited in homicide trial to Misnomer from misspelling accused's name in indictment for Use of numerals to designate degree of murder in verdict rep- HUSBAND AND WIFE- Estate of married woman liable for her funeral expenses. Claw ICE- Condition of sidewalks, see Municipal Corporations. INDICTMENT- See also Criminal Law. Use of numerals to designate degree of murder in verdict rep- Indictment for aiding and procuring perjury sufficiently charging INDUSTRIAL COMMISSION- Right of appeal lies from award of industrial commission. Police INFANTS- Evidence of delinquency of children essential to conviction for INJUNCTION- Perfecting appeal suspends order dissolving an injunction. Mas- Advice of city solicitor not defense to municipal officers violating Injunction against placing railway track in street until abutting Injunction lies against operation of a plant throwing off noisome Contracts in partial restraint of trade strictly construed enforced Son agreeing not to engage in named business not enjoinable from INNKEEPERS- Mutual liability of boardinghouse keeper for property of boarder. INSANE PERSONS- See also Guardian and Ward. Substitution of regularly appointed guardian in action by ward INSPECTION- Stockholder of foreign corporation has right to inspect records INSURANCE- Action for cancellation of a substituted benefit certificate pre- Facility of payment methods upheld as to industrial policies. Entire policy void clause not rendered severable contract by Policy voided by failure to disclose liens. Muskovitz v. Insur- Unconditional and sole ownership provisions reasonable. Musko- Foreigner not absolved by ignorance from conditions of contract Rider to fire policy permitting closing of factory not exceeding Insurance policy on manufacturing plant voided by factory re- Waiver of condition of health policy must be pleaded. Continental Divorced wife not entitled to benefits from fraternal association. INTOXICATING LIQUORS- Liquor license board not answerable for refusal to grant license. Saloon keeper remaining in saloon after closing hours to com- Failure to designate place in closing hours ordinances precludes Exceptions as to keeping intoxicating liquors in bona fide resi- Evidence that husband was drunk in saloon not sufficient in JUDGMENTS AND DECREES- See also Damages; Verdicts. Vacation of joint judgment entered without personal representa- Entry construed personal judgment upon sustaining allegations JURY- Liability of street railway for elimination of grade crossing de- JUSTICE OF THE PEACE- See Courts; Limitations. LANDLORD AND TENANT- Failure to remove small part of goods on last day of lease not Landlord not liable for injuries on leased premises while land- LAST CHANCE- See Negligence; Pleading. LIBEL AND SLANDER- Not libelous per se as affecting trade relations to publish that Intentional fraud necessary to be shown in libel based on words See Intoxicating Liquors. LIMITATIONS OF ACTIONS— Action for value of services maintainable, failure to compensate Bar of four years' limitation runs from accrual of right of action Action on agreement to make testamentary provision for com- Boundary line accepted as the true boundary for more than twen- Limitations for fraud not applicable to action for recovery of Limitation of time waived by submission of trial to justice of the MALICIOUS PROSECUTION- Discharge of accused by examining magistrate prima facie evi- Action against corporation for malicious prosecution, plaintin Binding accused to grand jury not probable cause. Adams Co. v. Punitive damages recoverable in malicious prosecution. Adams In malicious prosecution defendant permitted to testify as to his MANDAMUS- Mandamus does not lie to compel clerk of common pleas to issue MASTER AND SERVANT- Motorman not fellow servant of lineman. Mansfield Ry. L. & Failure to instruct employe engaged in dangerous work not Projecting one's foot into an open elevator shaft proximate cause Responsibility as between dock company and steamship company MECHANICS' LIENS- Owner need not stop payment of checks to subcontractors mailed MORTGAGES- Accepting mortgage from heirs does not waive priority of claims Indemnity mortgage regarded as money not equitably due and Judgment debtor contrary to judgment creditor cannot compel foreclosure sale. Krippendorf v. Ormsby, 172. Covenant to sell only mortgagor's brew of beer enforceable in MUNICIPAL CORPORATIONS- See also Master and Servant; Negligence; Courts. Ordinance for issuing municipal light bonds of general nature Municipality can not hold as trustee and adversely. Newark v. City abandoning dedicated use denied retention for other pur- Appeal lies to probate court order assessing damages for land |