when parties who cannot maintain certiorari in their in- dividual capacity may act as relators..... People should prosecute certiorari suit not involving pri- vate rights-who may be relators....
when record of highway commissioners will be quashed. 399
CIRCUMSTANTIAL EVIDENCE.-See EVIDENCE.
CITIES. See MUNICIPAL CORPORATIONS.
decree should not set aside tax deed except as to premises described in bill-when finding of facts in decree is not sufficient to sustain it on appeal....
an order granting letters of administration is not open to collateral attack upon ground that deceased was a non- resident and administrator was a stranger....
COMMERCIAL PAPER.-See BILLS AND NOTES.
CONDEMNATION.-See EMINENT DOMAIN.
when party who introduces principal actors in conspiracy is guilty-party who aids and encourages forming of a conspiracy is guilty of conspiracy...........
what constitutes a conspiracy to prevent competition in letting a public contract-loss to public is not a material element of such offense....
concurrence in a conspiracy is sufficient without any prior agreement to concur
CONSTITUTIONAL LAW.
a primary election is within the meaning of section I of article 7 of the constitution-a primary election law must uphold constitutional rights of voters...... section 44 of Primary Election law of 1908 is invalid- the proviso to section 44 does not cure the invalidity of such section
the invalidity of sections 44 and 11 of the Primary Elec- tion act of 1908 renders entire act void....
CONSTITUTIONAL LAW.-Continued.
section II of the Primary Election act of 1908, relating to voting for candidates for representatives in the General Assembly, is invalid ....
after an election is held, the title of the successful can- didates to their offices is not affected by holding the law under which they were nominated invalid..... 280 act of 1907, concerning high school privileges for eighth grade graduates, is invalid for discrimination in mat- ter of tuition
a constitutional question must be fairly debatable to be ground for direct appeal to Supreme Court. . . . . . what facts do not raise any question of denial of due pro- cess of law or equal protection of the law.....
of section 34 of Local Improvement act, requiring notice. of passage of ordinance to be sent, as applying only to sidewalk ordinances ...
of section 39, relating to establishing sewer districts, as not applicable to paving ordinance providing for sewer pipes to drain surface of streets to be paved................ a deed and a contract executed contemporaneously are to be construed as one instrument.....
of town collector's bond, as not being merely a common law obligation
an accident policy construed as covering injuries received from burning of contents of building as well as from burning of building itself......
same word used in different clauses of a statute will ordi- narily be given the same meaning.
of clause 95, section 1, article 2, of the City and Village act, as not giving city express power to direct location of junk and second-hand stores.....
of section 35 of article 5 of the School law, as authorizing the transfer of pupils to high schools as well as grade schools ...
of pledge agreement, as covering existing and future per- sonal indebtedness of the pledgor.............
of will, as to when rule in Shelly's case applies to a devise in trust and gives beneficiaries an equitable fee........ 492 of will, as to when trustees have power to pay over part of principal to the beneficiaries..
of will, as to when residue of trust fund must be divided as directed by the will-when limitation as to residue applies only to certain item.....
CONTRACTS.-See BUILDING CONTRACTS.
in a suit on a compromise agreement it is not pertinent to inquire into merits of contentions of parties over the original contract ....
when contract between manufacturing concerns is a con- tract of sale and not a license to manufacture............ attorney is not incapacitated from contracting with client, although such contracts will be closely scrutinized and must be shown by attorney to be fair..... when letter of acceptance is sufficient signing to take con- tract out of Statute of Frauds...... when a contract not to be performed within one year is taken out of the statute by part performance.......... 25 delivery of policy is not ordinarily essential to validity of insurance when contract will run from date of policy and not from date of delivery......
when notice that premium is due is not necessary to right to forfeit the policy-when New York statute requiring such notice does not control..... an insurance policy may itself provide that acceptance of policy shall be notice that every payment is due and that further notice is waived by insured..... when loan must be regarded as made by president of cor- poration individually, and not by corporation................... 118 when lessees of coal mine may recover substantial dam-
ages for breach of contract with railroad company re- sulting in flooding of mine and destruction of coal..... 152 proper measure of damages for breach of railroad com- pany's contract to so construct its road-bed that plain- tiff's mine would be properly drained..................... wife may, by contract with husband, release to him all her right in his estate, including dower-fact that they are living apart does not invalidate contract.... mere fact that post-nuptial contract is inequitable is not ground for setting it aside, in absence of fraud, misrep- resentation or concealment
when fact that attorney for wife explained meaning of a contract a certain way does not fix its meaning that way nor affect its binding force..... when provisions of an ante-nuptial contract are not abro- gated by post-nuptial contract...
wife is not entitled, under the law, to recover for services for care and attention to husband while they were liv- ing together
the mere fact that a party has made a bad bargain is not ground for setting contract aside
what testimony does not tend to show that contract was an option on mining stock and not an unconditional sale-right to commissions the terms of a pledge agreement may cover present lia- bilities and future advances-agreement is to be taken in sense it was understood by the parties... a person contracting by his adopted trade name is bound as effectually as though he had contracted in his own proper name pledge agreement made by sole owner of unincorporated savings bank construed as covering his present and fu- ture personal indebtedness to pledgee..... agent's contract to sell land should be in writing, as well as his authority to make the contract.... when defense of Statute of Frauds is not waived by put- ting refusal to perform on other grounds..... when contract between land owner and railroad company is binding though not executed by the proper official of the company
when fact that land owner's covenant to maintain right of way fence may be personal does not give the grantee a right to sue for damage to live stock..... effect of fencing contract made under act of 1855-the act of 1874 does not abrogate fencing contracts made under the act of 1855................ CORPORATIONS.-See RAILROADS; MUNICIPAL COR- PORATIONS.
when loan must be regarded as made by president of cor- poration individually and not by corporation.......... 118
tender is necessary to sustain an award of costs against defendant on setting aside tax deed..... statutory requirement as to apportionment of solicitor's fees in partition-what is not a failure to correctly set forth the interests of the parties......
what is not a ground for refusing to apportion solicitor's fees in a partition suit ....
costs of proper bill by trustees to construe a will are prop- erly chargeable against the estate..
COURTS.-See APPEALS AND ERRORS; EQUITY. attorney who imposes on court by signing a person's name to an appeal bond without such person's knowledge or consent may be disbarred.....
CONTRACTS.-See BUILDING CONTRACTS.
in a suit on a compromise agreement it is not pertinent to inquire into merits of contentions of parties over the original contract ...
when contract between manufacturing concerns is a con- tract of sale and not a license to manufacture......... 25 attorney is not incapacitated from contracting with client, although such contracts will be closely scrutinized and must be shown by attorney to be fair..... when letter of acceptance is sufficient signing to take con- tract out of Statute of Frauds..... when a contract not to be performed within one year is taken out of the statute by part performance.. delivery of policy is not ordinarily essential to validity of insurance when contract will run from date of policy and not from date of delivery......
when notice that premium is due is not necessary to right to forfeit the policy-when New York statute requiring such notice does not control...... an insurance policy may itself provide that acceptance of policy shall be notice that every payment is due and that further notice is waived by insured........... when loan must be regarded as made by president of cor- poration individually, and not by corporation......... 118 when lessees of coal mine may recover substantial dam-
ages for breach of contract with railroad company re- sulting in flooding of mine and destruction of coal..... 152 proper measure of damages for breach of railroad com- pany's contract to so construct its road-bed that plain- tiff's mine would be properly drained...... wife may, by contract with husband, release to him all her right in his estate, including dower-fact that they are living apart does not invalidate contract..... mere fact that post-nuptial contract is inequitable is not ground for setting it aside, in absence of fraud, misrep- resentation or concealment
when fact that attorney for wife explained meaning of a contract a certain way does not fix its meaning that way nor affect its binding force....
when provisions of an ante-nuptial contract are not abro- gated by post-nuptial contract.....
wife is not entitled, under the law, to recover for services for care and attention to husband while they were liv- ing together..
the mere fact that a party has made a bad bargain is not ground for setting contract aside.
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