CRIMINAL LAW.

V. Carrying weapon.

20. Not necessary to prove that pistol was loaded. State v. Wardlaw, 76.
VI. Gambling.

21. Selling of pools on horse races, and keeping of rooms where such pools
are sold, do not constitute offence within statute prohibiting keeping of gaming
table or other place of gambling, and which declares that all games, devices
and contrivances at which money or any other thing shall be bet or wagered,
shall be deemed a gaming table. James v. State, 745.

VII. Larceny. See DURESS, 2.

22. Possession of stolen property is not alone sufficient to sustain conviction.
It must appear that property was recently stolen; possession must be unex-
plained, and in some form involve assertion of property in possessor.
herd v. State, 416.

Shep-

23. At common law there are three cases in which conviction for larceny may
be sustained when apparent possession is in accused: 1st. Where accused has
mere custody of property, as contradistinguished from possession, as in case
of servants, guests and the like: 2d. Where he obtained custody and apparent
possession by means of fraud, or with purpose to steal property; and 3d.
Where one has acquired possession by valid contract of bailment, which is
afterwards terminated by some tortious act of bailee, or otherwise, whereby
possession reverts to owner, leaving custody merely with former, and he felo-
niously converts property to his own use. Johnson v. People, 745.

24. Where owner intends to part both with title and possession, and pro-
perty is delivered in pursuance of such intention, person receiving it cannot
be convicted of larceny, although transfer was induced by fraud of latter, and
with a purpose to steal it. Id.

VIII. Manslaughter.

25. To constitute manslaughter, where there is no evil intent, it is sufficient
if the killing is result of reckless or foolhardy presumption, judged by standard
of what would be reckless in man of ordinary prudence under same circum-
stances. Rule applied where woman died from treatment administered with
her consent, of one who publicly practised as physician. Commonwealth v.
Pierce, 117, and note.

IX. Receiving Stolen Goods.

26. If pigeons are stolen from house in which they were confined by owner,
and are found in possession of person who bought them of another about two
weeks after larceny, latter may be convicted of such larceny if his possession of
pigeons is not satisfactorily explained. Commonwealth v. Deegan, 544.
DAMAGES. See AMENDMENT. BAILMENT, 4. COMMON CARRier, 16, 18, 25,
27. CONFLICT OF LAWS, 1. CONTRACT, 5. CORPORATION, 19. EASE-
MENT, 2.
EQUITY, 17, 18. FORMER RECOVERY, 3. INSURANCE, 7. MA-
LICIOUS PROSECUTION, 2. NEGLIGENCE, 11, 16, 40. PLEADING, 5, 6.
RAILROAD, 2. TELEGRAPH, 2, 9.

1. In action for assault and battery where punitory damages are recover-
able, financial condition of defendant may be shown by evidence of his re-
puted wealth. Draper v. Baker, 142. See infra, 5.

2. Verdict of $1200 for assault and battery by spitting in plaintiff's face,
is not so large as to induce court to believe that jury were actuated by passion,
prejudice, or other improper motive. Id.

3. Measure of, for breach of contract to assign insurance policy to pur-
chaser of insured property is only the amount necessary to procure policy for
remainder of time it had to run. Dodd v. Jones, 34, and note.

4. Measure of, for breach of contract generally, especially in margin trans-
actions. Id., note.

5. On trial of action of trespass for assault and battery, plaintiff may give
in evidence pecuniary circumstances of defendant to enhance his damages, and
defendant may then give counter evidence; but unless such evidence is given
by plaintiff defendant has no right to introduce proof on that subject, even
in mitigation of damages. Mullin v. Stangerberg, 544.

LAMAGES.

6. For death of any person are limited by statute to such as arise from
pecuniary injury to widow and next of kin. Injury received by some of next
of kin, by dissolution of partnership relation between them and deceased, is
not within statute. Injury claimed to arise by deprivation of such services and
counsel as father might probably give to his children, must be limited to such
services and counsel, as would be of pecuniary advantage. Demarest v. Little,
746.

7. Where injury claimed is deprivation of probability of receiving such
probable accumulations as deceased might have made if he had continued in
life, income derivable from funds invested, and which next of kin have
received, should not be taken into account, and due weight must be given to
contingencies which might diminish probable accumulations or divert them from
next of kin. Id.

8. In action of trespass against railroad for running cars over ground, title
to which, owing to failure to comply with certain statutory requisites, never
vested in railroad, held, that plaintiff should be confined to damages caused by
running cars over the ground. Railroad v. Boyd, 797.

DEATH. See ACTION, 2, 3.

DEBTOR AND CREDITOR.
EXEMPTION. PAYMENT, 1.

See ACTION, 15. ASSIGNMENT, 11. ESCAPE.
SALE, 8, 9.

1. Property sold conditionally and delivered, without legal record of lien,
passes to assignee of vendee under Vermont insolvent law. Collender Co. v.
Marshall, 620.

2. Contract by which vendee of billiard tables agrees to pay in monthly
instalments in one year entire value of tables, and if he so paid property was
to be his, and if not, vendor's, is a conditional sale and not a lease. Id.

3. Where one in Vermont orders goods from party in New York on certain
terms, as to payment, &c., but they are shipped, consigned to vendor, and
accepted on different terms, Held, that contract was made in Vermont. Id.
4. Purchaser of real estate at execution sale may in equity avoid conveyances
previously made by judgment-debtor in fraud of his creditors. Belcher v.
Arnold, 416.

5. Right to recover property conveyed in fraud of creditors by debtor subse-
quently adjudicated bankrupt, is vested in assignee alone, and cannot be exer-
cised by creditors in case of assignee's failure to bring action within time
limited. McCartin v. Perry, 416.

6. Complainant recovered judgment at law against defendant's brother for
false imprisonment, and afterwards filed creditor's bill to set aside, as fraudu-
lent, two conveyances of land by brother to defendant. Evidence showed that
lands in fact belonged to defendant, although legal title had been in name of
brother. Held, that there was, against defendant, no ground of estoppel.
Lillis v. Gallagher, 416.

DECEDENTS' ESTATES. See EQUITY, 19, 20. EXECUTORS AND ADMINIS-

DEED. See ACKNOWLEDGMENT. GIFT, 3. INFANT, 2, 3. NOTICE, 2. TRUST
AND TRUSTEE, 3.

1. Mother was induced by son, while she was in feeble state of mind, to
execute deed to him for her land, including her homestead, under assurance
and belief that it would not take effect until recorded, and grantee agreed not
to procure same to be recorded during life of grantor. Held, deed would not
take effect as to grantee, and grantor might destroy same at pleasure. Sands v.
Sands, 544.

2. B., being owner in fee of tract of land conveyed to his mother an undi-
vided third part of it during her widowhood. Subsequently B. and his wife
conveyed same land to W. by deed, granting clause of which states that gran-
tors conveyed unto W. "all their estate," &c., in "the following described
parts of tracts or parcels of land. *** It is understood by the parties herein
mentioned, that the interest herein conveyed is the two-thirds of the above
VOL. XXXIII-104

DEED.

described land." Held, that this deed only conveyed to W. a two-thirds inter
est in the land described. Zittle v. Weller, 747.

3. Rule that of two contradictory or repugnant clauses in deed first shall
prevail, docs not apply to supposed contradiction between parts of same clause.
Id.

DELIVERY. See BAILMENT, 1, 2, 4. GIFT.

DEMURRER. See HUSBAND AND WIFE, 18. PLEADING, 5, 6.

DESCENT.

1. At common law, bastard has no right of inheritance. In Illinois, bastard
may, under statute, inherit from its mother, but not from its father, unless he
shall have married the mother and acknowledge child as his own.
Stoltz v.

Doering, 544.

2. Descent and heirship of real estate are exclusively governed by laws of
country within which property is actually situated. Id.

DOMICILE. See ATTACHMENT, 1. HUSBAND and Wife, 3, 11, 14. PArent
AND CHILD, 2.

1. Presence and intention to remain in place only while a student, do not
confer domicile. Presumption is against student's right to vote. Sanders v.
Getchel, 76.

2. Grandfather or grandmother of infant, when next of kin, is guardian by
nature of such infant; and infants having domicile in one state, who after death
of parents take up residence at home of paternal grandmother and next of kin
in another state, acquire her domicile. Lamar v. Micou, 481.

DONATIO CAUSA MORTIS. See GIFT, 1, 2.

DURESS.

1. Note and mortgage given by mother to son's employer, from whom he had
embezzled, with protection of son from exposure and prosecution as controlling
motive, will be cancelled. Foley v. Greene, 416.

2. No action can be maintained upon promissory note, given by person under
arrest on complaint for larceny of property, exceeding in value $100, to owner
of property alleged to have been stolen, under agreement that complaint shall
be placed on file, plaintiff having received note with notice of circumstances;
question of guilt or innocence of accused not open in such action. Gorham v.
Keyes, 482.

EASEMENT.

1. Burden of proof is on defendant who sets up prescriptive right to have
water flow on plaintiff's land from roof of his artificial structure; not sufficient
to show that structure had been in same condition for more than twenty years.
Hooten v. Barnard, 76.

2. Plaintiff proving an invasion of his rights by defendant is entitled to at
least nominal damages. Id.

EJECTMENT. See MUNICIPAL CORPORATION, 11. TRESPASS, 2. UNITED
STATES, 2.

1. Where land is forfeited to state for non-payment of taxes, and state fails
to convey title to purchaser for reason of illegality in its sale, original owner
has better title than purchaser. Chandler v. Wilson, 798.

2. Person having for over twenty years a recorded deed of township of
mainly wild land, during the time lumbering on some portions of it and cul-
tivating others, does not thereby divest true owner of his title of certain lots
within township, such lots not having been occupied during that period of time.
Id.

3. Person who obtains title of three of five heirs of owner of land, deceased,
can recover only three undivided fifths of the land of a person in possession,
although latter person does not occupy under other heirs. Id.

ELECTIONS. See DOMICILE, 1.

EMINENT DOMAIN. See CONSTITUTIONAL LAW, III. CORPORATION, 23.
EQUITY. See ASSIGNMENT, 7, 8. BANK, 3. BILLS AND NOTES, 19. CORPO-
RATION, 9, 10, 14-16, 28. ERRORS AND APPEALS, 3. EXECUTORS AND
ADMINISTRATORS, 5. FRAUDS, STATUTE OF, 4, 12. HUSBAND AND WIFE,
20, 25, 27. NOTICE, 4. PARENT AND CHILD, 3. PARTITION, 2. PART-
NERSHIP, 10, 14. RAILROAD, 5-7. SALE, 5. SET OFF, 3. SPECIFIC
PERFORMANCE.

1. Dismissal of bill on demurrer carries cross-bill with it. Johnamensen v.
Tauer, 143.

2. Where person seeks to reform instrument on ground of mistake, the mis-
take and exact form intention of parties requires instrument to assume, must be
indubitably shown. Keedy v. Nally, 798.

3. The application for relief must be made with due diligence, and time runs
from discovery of mistake. Id.

4. Will not interfere to remove cloud upon title in favor of party out of
possession, claiming under legal title, against antagonist who is in possession
under written title. Weaver v. Arnold, 682.

5. Motion by defendant in bill, to set aside interlocutory decrec, and for leave
to file new answer, is addressed to discretion of court, with which higher court
will not interfere, unless discretion has been abused. Schmidt v. Braley, 482.
6. Proper practice in case defendant desires to file new answer, is to prepare
and submit it with motion for leave to file. Id.

7. In action to reform contract and for relief thereunder, after same is
reformed, court may specifically enforce same, or give adequate compensation
for its non-performance. Railroad v. Steinfield, 482.

8. On trial of action to reform and enforce or rescind written contract, there
may be given in evidence the original writing made by same parties, and also
the subsequent acts done or procured to be done by party charged with fraud,
and which tend to prove fraud or mistake. Id.

9. On such trial it is error to order contract set aside if party complaining
neither pays back nor offers to return money received by him under con-
tract. Id.

10. By practice of United States Supreme Court, decree pro confesso is not a
decree as, of course, according to prayer of bill, nor merely such as complainant
chooses to make it, but is made according to what is proper to be decreed upon
statements of bill assumed to be true. Thompson v. Wooster, 417.

11. Defendants cannot allege anything in derogation of such decree, uure-
voked, or question its correctness on appeal, unless on face of bill it appears
manifest that it was improperly granted. Id.

12. Delay of fourteen years in application for re-issue of patent is strongly
presumed to be unreasonable, but court cannot say, as matter of law, that it is
not susceptible of explanation; and this defence cannot be set up after decree
pro confesso. Id.

13. Where trustees of corporation gave bond, secured by mortgage on corpo-
rate property, which, in strict legal effect, bound them individually, court of
equity will enjoin action at law against them thereon, if it appears that there
was no intention on their part to become personally liable. Maps v. Cooper, 343.
14. Policy of insurauce issued in name of agent of owner of vessel, instead
of in name of principal, through mistake of insurance company's agent in pre-
paring application, without any representation or mistake of owner or applicant,
may be rectified after loss of vessel, although agent signed application with his
own name "for applicant." Hill v. Insurance Co., 416.

15. After decree disposing of issues and in accordance with prayer of bill, it
is not competent for one of parties without service of new process or appear-
ance, to institute further proceedings on new issues and for new objects,
although connected with subject-matter of original litigation, by merely giving
new proceedings title of original cause. Smith v. Woolfolk, 682.

16. If one complainant can, under any circumstances, have decree against
another upon supplemental or amended bill, it must be upon notice to latter. Id.
17. Court of, has no inherent power to ascertain damages by reason of tor-

EQUITY.

tious acts unattended by profit to wrongdoer. There must be some joint in-
terest of parties in the property for court of equity to assess the damages. In
case of trespass where no such relation exists equity will follow the rule of law
as to the damages. Atlantic Co. v. Maryland Co., 211.

18. The right to maintain action of quare clausum fregit exists in Maryland,
whether defendant committed the trespass unwillingly or wilfully. If adjoining
owner has made mistake as to his title or boundaries in mining coal, lowest
measure of damages is value of coal immediately upon conversion, without
abatement of cost of severance. Equity cannot change this measure. Id.

19. It appearing that two sons had worked their father's farms, under agree-
ment that they should do so until they had accumulated for him a fund of
$12,000, and then they should have the farms free of rent during his life, and
that specified sum had been gathered about a year before father's death, and
thereafter sons had enjoyed use of farms free until father died; Held, that sons
had no reason to complain, on appeal, that chancellor had made too small an
allowance to them for services rendered under that contract. Larison v. Pol-
hemus, 343.

20. Parties who in pleadings and proofs, have insisted that they were not
accountable to him for rental value of land of which ancestor died seised,
because they were in possession as equitable owners, cannot, at hearing, shift
their ground, and claim that they were tenants of ancestor's widow, who might
have been entitled to hold the land until her dower was assigned, but who has
disclaimed such right. Id.

21. Favorite son induced mother to make conveyance of all her estate to him,
upon assurance that it would not take effect in her lifetime. Mother was 73
and greatly weakened in body and mind from disease and sickness, so as to be
incapable of transacting business, and proof showed deed was not intended by
her to have effect before her death, but was handed to son to be placed with
her papers, and upon her recovery she destroyed deed. Held, that trial court
erred in decreeing that mother execute another deed in place of one destroyed,
and in dismissing her cross-bill to have conveyance made set aside. Sands v.
Sands, 544.

22. Statements by defendant who was subsequently arrested on a ne exeat,
made to complainant's lawyer, that if suits should be begun against him, and he
should be likely to get the worst of it, or if any order should be made against him
by any court, his lawyer would find it out beforehand and would let him know,
so that he could and would leave the state before they could do anything with
him, accompanied by other statements, that complainant and her father were
poor, and that he would law them both to death if they attempted any suits
against him, and that he had put all his property out of his hands, but still had
the benefit of it, are sufficient, on application for discharge, to hold him in cus-
tody under the ne exeat. Cary v. Cary, 417.

ERRORS AND APPEALS.

CONSTITUTIONAL LAW, 12.

See ADMIRALTY, 2.
PRACTICE, 1, 2.

CRIMINAL LAW, 15. INFANT, 7.

1. Opinion of lower court not part of record in United States Supreme Court.
England v. Gebhard, 211.

2. Supreme Court United States, upon dismissing writ of error for want of
jurisdiction, can adjudge to defendant in error costs incident to motion to dis-
miss, but no others. Bradstreet Co. v. Higgins, 482.

3. Decrees in favor of complainants in creditor's bill, for certain sums of
money, are several, and one whose decree is for less than $5000 cannot appeal
to Supreme Court United States. Stewart v. Dunham, 682.

4. Judgment of State Supreme Court was, that judgment of State District
Court be reversed with costs, with directions to County Court to enter judgment
upon findings for plaintiff as prayed for in his complaint. Held, final for pur-
poses of writ of error to United States Supreme Court. Mower v. Fletcher, 417.
ESCAPE.

1. Ancient rule that debtor in execution, by voluntary escape became dis-
charged both from imprisonment and debt, leaving creditor to look to sheriff
alone for debt, is no longer in force, and upon such escape he may be re-arrested
and imprisoned. People v. Hanchett, 274.