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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 bave 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.
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 III. 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 Ill. 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.
2. A coupon, payable to bearer, cut from a bond and owned by one party while another owns the bond, is still a lien under a mortgage given to secure the bond, and entitles the holder to share pro rata in the proceeds of said mortgage on foreclosure. — Miller v. Rutland & W. R.R. Co., 40 Vt. 399. See Arents v. Commonwealth, 18 Grat. 750.
See RAILROAD, 6; WAR, 5.
MUNICIPAL CORPORATION. If a city, in the exercise of its right to grade highways, creates a stagnant pond on a man's land close to his house, it is liable in damages. - Nevins v. City of Peoria, 41 Ill. 503.
See CONSTITUTIONAL LAW, STATE, 2; RAILROAD, 5.
NATIONAL BANK. 1. T. owed a national bank $35,000. R. had in the bank a deposit of $44,000. The bank, being insolvent, stopped payment. R. the next day assigned his deposit to T. Held, that by the National Banking Act of June 3, 1864, 88 52, 50, T. could not set off the deposit against his debt to the bank. — Venango National Bank v. Taylor, 56 Penn. St. 14. See Thorp v. Wegefarth, ib. 82.
2. A State tax on shares in National Banks is illegal when the laws allowing the incorporation of other banks tax only the capital of the latter, although there are none of the latter banks in existence. — Hubbard v. Board of Supervisors, 23 Iowa, 130.
NEGLIGENCE. 1. If a traveller, who is able to take care of himself, unnecessarily puts his arm out of a car window while the cars are in motion, and his arm is injured in consequence, his negligence will prevent his recovering against the railroad company, although they were also in fault. — Pittsburgh & Connellsville R. R. Co. v. McClurg, 56 Penn. St. 294.
2. If a passenger in a box car leaps from the same to prevent being carried beyond the station at which the train is then stopping, and which is his destination, knowing that it is dangerous to do so, the railroad company is not liable for the injury so received, although it has made no proper provision for passengers leaving said car. — Evansville & Crawfordsville R.R. Co. v. Duncan, 28 Ind. 411.
3. If a child under five is injured by a train while playing near home on a railroad track, his presence there unexplained is negligence which will prevent his recovering, gross or wilful negligence on the part of the defendant not being shown. — Lafayette & Indianapolis R.R. Co. v. Hoffman, 28 Ind. 287.
4. The passing of a party over a county bridge, with knowledge that it is in an unsafe condition, but without notice to him or the public not to use it, is not such negligence as will prevent his recovering for an injury caused by the giving way of the same. — Humphreys v. Armstrong County, 56 Penn. St. 204. See CARRIER 2, 3; PRINCIPAL AND AGENT. NEGOTIABLE INSTRUMENT. - See CERTIFICATE OF DEPOSIT;
NEGRO. — See CONSTITUTIONAL Law, 5; CONSTITUTIONAL LAW, STATE, 1;
ORDINANCE. – RAILROAD, 5.
PARTNER. A partner has not authority as such to submit partnership matters to arbitration so as to make the award binding on the firm. — Martin v. Thrasher, 40 Vt. 460.
PARTY WALL. — See COVENANT, 1.
PATENT. — See EstOPPEL.
PAYMENT. — See SUBROGATION.
PENALTY. — See CARRIER, 1.
PRACTICE. — See JUDICIARY Act.
PRESUMPTION. In a suit against the plaintiff's intestate, P., being charged as trustee, admitted a debt due from him to said intestate, but not yet payable. On account of the death of the latter no judgment was rendered against P. The plaintiff sues as said intestate's administrator to recover said debt, relying on the above admission. Held, that the fact that the debt admitted had since become due did not rebut the plaintiff's prima facie case without proof of payment. — Farr v. Payne, 40 Vt. 615. See CAPTURE; Will, 3.
PRINCIPAL AND AGENT.
ProXIMATE Cause. — See DAMAGES, 1.
RAILROAD. 1. A company's charter authorized it to build a railroad from A. to B., a distance of five miles. A subsequent act authorized an extension of eleven miles, amounting in character to a new enterprise. A disagreeing stockholder applied for an injunction, which was granted. A power reserved by the legislature to alter, amend, or repeal the charter does not apply to this class of cases. — Zabriskie v. Hackensack & N.Y. R.R. Co., 3 C. E. Green, 178.
2. Del. & R. Canal & C. & A. R. & T. Co. v. Rar. & Del. Bay R. Co., 1 C. E. Green 321; ante, 3 Am. Law Rev. 132, RAILROAD, 1, was affirmed on appeal. S.c. 3 C. E. Green, 546.
3. An act forbidding railroad companies to avoid their liability as common carriers by special contract, is not inconsistent with a charter of such a company allowing it to regulate its charges, but not expressly giving it the power to avoid its liability as aforesaid. — Mobile & Ohio R.R. Co. v. Franks, 41 Miss. 494.
4. An act making railway companies liable for double the value of stock killed by them, upon their failure to pay the owners of said stock after thirty days' notice, is not a penal statute. — Koons v. N. W. R. Co., 23 Iowa, 493.
5. A city ordinance made penal the putting in any street “any dust, dirt, filth, shavings, or other rubbish or obstructions of any kind." A railroad company left a car across a street unnecessarily, by which a traveller was obstructed fifteen minutes. Held, that the company was bound by said ordinance, and was liable. — Illinois C. R.R. Co. v. Galena, 40 III. 344.
6. An injunction may be allowed restraining the removal and sale of wood in the station of a railway company on execution against said company, on the application of mortgagees of all the property of such company, except so much of the income as might be necessary to pay for the running expenses, repairs, &c.;, the whole property mortgaged being admitted to be inadequate security for the payment of the mortgage debts. Scott and BRINKERHOFF, JJ., dissenting. — Lane v. Baughman 17 Ohio St. 642.
7. If a railroad company which charges a higher fare if paid on the train than if a ticket is bought beforehand, gives no opportunity to a passenger to buy a ticket, and its conductor puts said passenger off the train for refusing to pay more than the value of a ticket, the jury may assess exemplary damages. If the passenger refuses as aforesaid when he might have bought a ticket, the conductor may put him off at once, even though between stations. - Jeffersonville R.R. Co. v. Rogers, 28 Ind. 1.
8. Plaintiff purchased of defendants a through ticket from Troy to Boston over connecting roads. Said ticket was sold at a very reduced rate on account of competition (though the plaintiff did not know this), and had on its face “Good for this day and train only." Plaintiff travelled part of the way at the time of purchase, and a month later demanded to be carried the rest on said ticket and the unused coupons, which was refused. Held, that defendants were not liable. — Shedd v. T. & B. R.R. Co., 40 Vt. 88.
9. Way-bills to a point beyond defendants' road, and receipts of payment for transporting goods to said point, with evidence of defendants' course of business in that respect, are grounds for submitting to a jury the question whether de. fendants undertook to transport said goods to said point. — Mann v. Birchard, 40 Vt. 326.
See BETTERMENT, 2; CARRIER 2, 3, 4; CONSIGNOR; COVENANT, 2; DAMAGES, 1, 2; NEGLIGENCE, 1-3.
RECEIPT. — See TENDER, 1; WAREHOUSEMAN.
RECORD. — See STAMP, 8.
REMOVAL OF SUITS FROM STATE TO UNITED STATES COURTS Trover for a mare. Plea, that defendant did not take her in his private capacity or for his own use, but as a captain in the United States army for its use and by authority of the General Government, and that the mare was so used. Prayer that the case might be transferred to the United States Court under Act of Congress of March 3, 1863, $ 5. Held, that no “ color of authority exercised under the President of the United States or of any act of Congress” was shown. Prayer refused. — Short v. Wilson, 1 Bush, 350. See Eifort v. Bevins, ib. 460. A like prayer was granted in Edwards v. Ward, 2 Bush, 606.
RES ADJUDICATA.—See INTERPLEADER.
SALE. H. contracted with plaintiffs for four barge-loads of oil, about 2,000 barrels, at $4.50 a barrel. The barges were furnished by H., and were partially filled, when the barges and oil were burned. Held, that the property had not passed, and the loss fell on the plaintiffs. — Rochester Oil Co. v. Hughey, 56 Penn. St. 322. See CONVERSION ; SLAVERY, 2; STAMP, 4; TENDER; WAREHOUSEMAN.
Savings BANK. — See Gift.
SECESSION. The laws of Mississippi were not affected by the Ordinance of Secession, nor by the deposition of the State magistrates in May, 1865, nor by their restoration in the autumn of that year. An indictment, found Dec. 4, 1865, for a larceny committed May 30, 1865, was sustained. — Harlan v. State, 41 Miss. 566.
SHIP. — See GENERAL AVERAGE.
SLAVERY. 1. Slavery was not abolished in Mississippi until the passage of the Ordinance of the State Convention of 1865. — McMath v. Johnson, 41 Miss. 439.
2. A warranty on a sale of slaves that they “ are slaves for life,” is not broken by their subsequent emancipation. Neither did the ordinance of emancipation affect such previous sale, but the vendor can recover the whole purchase money. - Bradford v. Jenkins, 41 Miss. 328. See Scott v. Scott, 18 Grat. 150.
3. A woman who had been a slave until emancipated by the Constitutional Amendinent, but who had lived with a male slave as his wife for sixteen years, gave her note for $384, Jan. 8, 1866. April 19, 1866, she obtained a certificate legalizing her marriage, under a State law, and when sued on said note pleaded coverture. Held, that as against the plaintiff the legalization did not relate back. - Stewart v. Munchandler, 2 Bush, 278. See WAR, 2.
SOLDIER. — See Will, 1.
SPECIFIC PERFORMANCE. On a lease from W. to H. was indorsed “that at the expiration of the said term, H. shall have the privilege of purchasing the whole of said premises” at a fixed price. H. brought a bill demanding a marketable title. W.'s wife refused to join in the conveyance, but no collusion with her husband was shown. Held, that W. was not bound to indemnify H. against his wife's claim, and specific performance was refused. — Hawrally v. Warren, 3 C. E. Green, 124.