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DISTRICT ATTORNEY. A person not licensed to practise law by any court, is eligible to the office of District Attorney in California. — People v. Dorsey, 32 Cal. 296.
DOMICILE. One may be a resident in one State, and taxed as such, when his domicile is in another. - Board of Supervisors v. Davenport, 40 Ill. 197.
DRAFT. See CONSTITUTIONAL LAW, 1.
EASEMENT. See BETTERMENT, 2.
ECCLESIASTICAL Law. A synod of the Presbyterian Church, in the exercise of original jurisdiction, ordered the election of additional ruling elders in a church. They were elected, and the act was confirmed by a declaration of the general assembly. Held, that the election was void. The acts both of the synod and the general assembly were contrary to the Constitution of the Presbyterian Church. The civil courts have jurisdiction in such a case when civil rights are infringed (WILLIAMS, J., dissenting). — Watson v. Avery, 2 Bush, 332.
EMANCIPATION. — See SLAVERY, 1, 2. EMINENT DOMAIN. — See CONSTITUTIONAL LAW; STATE, 4; MUNICIPAL COR
EQUITABLE CONVERSION. The surplus of the proceeds of lands of a decedent in New Jersey, sold by order of court for the payment of his debts, over the amount needed for that purpose, as also the proceeds of lands sold on proceedings for partition, because incapable of partition, will pass as real estate to the heirs of an infant entitled to the same.
Otherwise, of proceeds of such a sale of lands in another State, by the laws of which they are to be considered personal estate, although such proceeds are in the hands of a guardian appointed in New Jersey, and the infant is a resident there. — Oberly v. Lerch, 3 C. E. Green, 346, 575. EQUITY. — See EQUITABLE CONVERSION; LETTERS; MORTGAGE; RAILROAD, 6; SPECIFIC PERFORMANCE; Trust FunD; VENDOR AND PURCHASER.
ESTOPPEL. A., alleging himself to be the owner of a patent-right for a machine, license B. to make and sell said machine within a certain territory, in consideration of which B. agreed to pay A. a royalty on each machine so made and sold. After a large number of machines had been made, and a part of the same sold, without disturbance by third parties, and time enough to test the machine had elapsed, a compromise was made by which B. gave his note to A. for the amount due on the machines sold, and the royalty on those on hand or thereafter to be made was considerably reduced. A. sued B. on the note. Held, that defendant was estopped to set up want of consideration, on the ground of want of novelty or inutility of said machine. — Davis v. Gray, 17 Ohio St. 330.
See STAMP, 2.
GUARANTY. “I assign the within to K., for value received, and bind myself to paying it promptly after maturity, if not paid by the drawers at maturity,” indorsed upon a note is a guaranty, and demand and notice are not necessary to fix the guarantor's liability on failure of the makers to pay at maturity. - Baker v. Kelly, 41 Miss. 696. So in case of a lease. - Voltz v. Harris, 40 ni. 155.
GUARDIAN. — See CONFEDERATE MONEY, 3.
HUSBAND AND WIFE. A wife who without cause, and against her husband's will, refuses to live with him, cannot bind him for necessaries to a third party who knows that she is not living with her husband, and who sells to her without further inquiry. — Brown v. Mudgett, 40 Vt. 68.
See GIFT; LETTERS; SLAVERY, 3.
ERY, 2; USURY; WAR, 4, 5.
INFANT. —See WILL, 1.
INNKEEPER. 1. An innkeeper posted this notice in his inn: “Deposit your money and valuables in the safe at the office;" and a guest accordingly did so deposit a very large amount of gold dust and coin, which was received and placed in the safe without objection. The clerk was knocked down, and, the combination lock not being turned, the safe was robbed. Held, that the innkeeper was liable to the full amount of the deposit; judgment payable in gold. — Pinkerton v. Woodward, 33 Cal. 557.
2. Ninety dollars kept by a guest at an inn for daily use, were stolen from his room. Held, that the innkeeper was liable. — Weisenger v. Taylor, 1 Bush, 275.
INSANITY. - See BOND.
INSURANCE. 1. The only memorandum of insurance on an unfinished vessel was on the “ marine docket” of a marine and fire insurance company, as follows: “No. 6570; 1865, June 23d. William H. Churchill, for account, &c., (on) steamboat River Queen, $6,000. Total insurance inclusive, $12,000, against fire only, while finishing at the wharf at Pittsburgh, Pa. (Rate) one-half per cent per mo. from June 23d, 1865." No policy was issued. Held, that the terms of the insurance must be taken to be the usual terms of the policies issued by said company.
The marine and fire policies usually issued differed in their terms. Held, VOL. III.
LARCENY. A count for stealing a horse, wagon, and harness, is not bad for duplicity, they having been all stolen at the same time. — State v. Cameron, 40 Vt. 555. See Fisher v. Commonwealth, 1 Bush, 211.
LEGAL TENDER. - See CONSTITUTIONAL LAW, 4.
LETTERS. A married woman gave and delivered letters written to her by a former husband, by other parties, and by her second husband, to her daughter. Said second husband, after the death of his wife, brought a bill against said daughter to have said letters delivered to him as executor and husband, and as author to have the publication of those written by him enjoined. Held, that he was not entitled to the delivery. Said letters were the wife's separate property, like jewels, and her gift was valid as against her husband. — Grigsby v. Breckenridge, 2 Bush, 480.
Semble, by WILLIAMS, J., dissenting, that an opinion expressed by PARKER, C.J., of New Hampshire, is that of a New-England transcendentalist.
LIEN. See CONSIGNOR; VENDOR AND PURCHASER.
LIVE STOCK. — See CARRIER, 3.
LOTTERY. A “gift sale;” viz., of envelopes, at twenty-five cents each, containing songs, &c., and a ticket entitling the holder to purchase, for the further price of a dollar, a specified article out of a large stock, such article being worth in some cases much more, and in many cases less, than a dollar, is a lottery. — Dunn v. People, 40 Ill. 465.
MANDAMUS. A mandamus will not lie to compel the Governor of Illinois to deposit a bill passed by the General Assembly in the office of the Secretary of State, although ten days have elapsed since said bill was presented to him, and he has not returned the same to the senate with his objections, nor been prevented from so doing by an adjournment. — People v. Yates, 40 III. 126. See COLLEGE.
MARRIAGE. — See SLAVERY, 3.
MARTIAL LAW. See WAR, 2.
MISSISSIPPI RIVER. The power to establish ferries across the Mississippi River is in the State, not in the United States. — Marshall v. Grimes, 41 Miss. 27.
MORTGAGE. 1. A mortgage given to secure a debt payable by instalments may be foreclosed on a failure to pay the first instalment when due. The bill in such case may set out the amounts not yet due, and if they become due and are not paid before the final hearing they may be included in the decree. — Magruder v. Eggleston, 41 Miss. 284.