Jeopardy; see CRIMINAL LAW, 278.
Joinder; in Civil proceedings; as to joint offenses, see 190, 269, 298, 508, 533.
651. Implied release of joint debtor by taking in- dividual obligation. Case v. Seass, 44 Mich. 195. 652. Misjoinder; waived if no objection before judgment. Peckham v. Lindell Co., 9 Mo. App. 459. Composition by co-debtor, 6; Discontinuance against one party, 400; joinder of creditors in Exe- cution, 459; in Judgment, 665; Limitation, 752; joint Mortgage notice, 871; joinder in Set-off, 1186; co-Surety, 1232, 1234.
Joint Tenant; related topics, TENANTS IN COM- MON; JOINDER; PARTNERSHIP.
Judges and Courts; including matters special to particular courts, and the relations of state and federal courts.
As to Justices of the Peace, see that title; powers of county court, 1239; other related topics, PROHI- BITION; MANDAMUS; CERTIORARI; EXCEPTIONS; TRIAL; CRIMINAL LAW; also JUDICIAL NOTICE.
653. What interest disqualifies trial judge. Dicks v. Austin College, 12 Rep. 764.
654. Disqualification of prosecuting attorney by relationship to complaining witness. People v. Cline, 44 Mich. 290.
655. Spirit, not letter, of rule of court followed. Jaques, re, 18 Ch. D. 392.
656. Meaning of "cash under the control of the court." Vicar, etc., ex p., 18 Ch. D. 646.
657. Jurisdiction of St. Louis Criminal Court. Buckner, ex p., 9 Mo. App. 540.
658. Circuit court commissioner may tax and issue execution for costs under Fraudulent Debtors Act; mandamus to compel him. Watson v. Randall, 44
Setting Judgment Aside; New Trial. 671. Vacating judgment after term. Kersh v. Lincoln County, 36 Ark. 589.
672. Setting aside judgment; motion to quash execution. State v. Berry, 9 Mo. App. 42.
673. Defense omitted by mistake; equitable re- lief. Metcalf v. Williams, 3 Morr. Trans. 148. calf v. Williams, 24 Alb. L. J. 496. 674. Equitable action to vacate; surprise. Met-
pealable. (N. Y.) Keck v. Werder, 24 Alb. L. J. 675. Order refusing to vacate judgment not ap-
Charge to jury, 1280; examination of Witness by docket Record of, see IDEM SONANS; right of judg- Attachment of, 88; Certiorari to reverse, 193; judge, 1347. !
659. Pleading citizenship. Brooks v. Bailey, 9 Fed. Rep. 438.
660. Judgment of district court properly attested by circuit judge. Corby v. Wright, 9 Mo. App. 5.
United States Supreme Court.
661. Mode of appeal in case of division of opinion. Bartholow v. School Trustees, 3 Morr. Trans. 51.
662. Errors not considered on mere motion. Levy v. Dangel, 3 Morr. Trans. 115.
Mutual jurisdiction of State and Federal courts, 117, 420, 1148; see also, REMOVAL OF CAUSES; HABEAS CORPUS. Judgment.
663. How far record of foreign judgment must show costs fixed. Hunt v. Middlesworth, 44 Mich. 448.
664. Foreign; proof of; transcript of record. Skinner v. Gray, 130 Mass. 5.
665. Foreign judgment record; jurisdietion; want of, as to one of joint defendants. Wright v. An- drews, 130 Mass. 149.
Priority between Judgments.
666. Neglect of clerk to erase first judgment after second rendered. Robertson v. Allen, 36 Ark. 553.
ment creditor against Vendee, 1322; see also, 40. Judicial Notice; of time, 1268. Judicial Sale.
680. Purchaser cannot move to set aside illegal sale. Porter v. Graves, 3 Morr. Trans. 142.
See also, BANKRUPTCY, 155; EXECUTION; as to foreclosure sales, 867.
Jury; in civil cases; as to criminal, see CRIMINAL
688. Issuing illegal order of delivery in replevin, liable for trespass. McClure v. Hill, 36 Ark. 268.
Related topics, EJECTMENT; FORCIBLE ENTRY AND DETAINER. Crops.
709. Landlord's lien on crop not displaced by
689. Pleadings not to be too strict; amendments. taking mortgage. Franklin v. Meyer, 36 Ark. 96. Snyder v. Winsor, 44 Mich. 140.
690. Irregular entries of names Campbell v. Babbetts, 12 Rep. 768.
697. Offense of employing woman more than ten hours a day in mill. Comm. v. Osborn Mill, 130 Mass. 33.
Bill of Particulars for, 172; action for, by Builder, 186; in Mines, 832; related topics, CONTRACTOR; MASTER AND SERVANT; MECHANICS' LIEN. Landlord and Tenant.
Lease; Covenants; Actions for Rent. 698. Entering and improving under parol con- tract; damages for expulsion by writ of unlawful detainer. Brockway v. Thomas, 36 Ark. 518.
698. a. Provision that lease shall continue unless
three months' notice is given. Dix v. Atkins, 130 Mass. 171.
699. Estoppel to deny landlord's title; judgment for value. Bertram v. Cook, 44 Mich. 396.
700. Covenant to keep in repair; rule of damages for removing fixtures. Watress v. Cambridge Bank,
701. Notice to terminate lease; leaving copy with servant. De Giverville v. Stolle, 9 Mo. App. 185. 702. Surrender of lease under Bankruptcy Act; sub-tenant's rights. Smalley v. Hardinge, 7 Q. B. 524.
703. Conditional sale to sub-lessee of furniture on premises; attempt to distrain by original lessor; N. Jersey Act. Bean v. Edge, 84 N. Y. 510.
704. Parol promise to take less rent than cov- enanted, unavailing. Wharton v. Anderson (Minn.), 12 Rep. 752.
705. Covenant for double rent on holding over; recovery for one month bars second suit. Simmons, 9 Mo. App. 376.
706. Common-law right of action for use and oc- cupation. Cobb v. Kidd (U. S. C. C., South. D. N. Y.), 12 Rep. 769.
707. Non-payment of rent; unlawful detainer brought by landlord; counter-claims. Partial evic- tion as a defense; plea of arbitration. Collins v. Karatopsky, 36 Ark. 316.
708. Counter-claims; tortious acts of landlord. Dimmock v. Daley, 9 Mo. App. 354.
710. Attachment of crop under Lien Act; affidavit by agent. Rent-note payable to agent; denial of title. Nolen v. Royston, 36 Ark. 561.
711. Remedy against purchaser of crop. Reavis v. Barnes, 36 Ark. 575.
712. No right in landlord to possession of crop. Bell v. Matheny, 36 Ark. 572.
713. Proceedings to enforce lien. Kurtz v. Dunn, 36 Ark. 648.
714. Question of right to growing crops, between landlord and execution creditor of evicted tenant. Russell v. Moore, 8 L. R. Ir. 318.
Relation of Parties to Third Persons.
715. Injury to stranger; landlord must have had notice. Ploen v. Staff, 9 Mo. App. 309.
716. Tenants from month to month cannot restrain nuisance. Clarke v. Thatcher, 9 Mo. App.
Larceny; and Receiving Stolen Goods.
722. Horse-stealing; swindling distinguished. Hudson v. State, 10 Tex. App. 215.
723. Of sheep; weight of evidence. Ellis v. State, 10 Tex. App. 540. Hailes v.
724. Identity of animals; bill of sale. State, 10 Tex. App. 490.
725. Larceny of animals; proof of ownership. Dodd v. State, 10 Tex. App. 370; Ruston v. State, id. 644; Spruill v. State, ib. 695.
726. Proving over precise averments. Simpson v. State, 10 Tex. App. 681.
727. Value of stolen currency to be proved. Simpson v. State, 10 Tex. App. 681.
728. General finding of guilty, without specify- ing value. Vincent v. State, 10 Tex. App. 330.
729. Charging theft of bank-note as of "bank- bill." Roth v. State, 10 Tex. App. 27.
730. The intent. Landin v. State, 10 Tex. App. 63; McPhail v. State, ib. 128.
731. Circumstantial evidence. Tex. App. 293.
733. Presumption from possession of goods. State v. Kelly, 9 Mo. App. 512; Wright v. State, 10 Tex. App. 476.
734. Elements of the offense. (Maryland.) State v. Hodges, 24 Alb. L. J. 459.
735. Charge of receiving stolen goods not sup- ported by proof of larceny. State v. Honig, 9 Mo. App. 298.
736. Liability of taker of stolen goods. Kramer v. Faulkner, 9 Mo. App. 34.
737. Conviction for receiving, under charge of theft. Vincent v. State, 10 Tex. App. 330.
Declarations as evidence, 301. Legacy; see DEVISE.
Legislature; related topics, STATUTES; CONSTITU- TIONAL LAW; STATE; UNITED STATES; ELEC-
742. Charge of burning one's own store. West v. Hanrahan, 12 Rep. 753.
743. Privilege; letter of outsider to member of ministers' association making charges against an- other member; repetition. Shurtleff v. Parker, 130 Mass. 293.
744. Reporting beggar an impostor; privilege. Waller v. Lock, 24 Alb. L. J. 472.
745. Official indorsement of inferior's communi- cation; secondary evidence as to contents of gov- ernment archives. Maurice v. Worden (54 Md.), 24 Alb. L. J. 516.
746. Newspaper article making imputations; province of innuendoes. Salvatelli v. Ghio, 9 Mo. App. 155.
747. Newspaper libels; imputations on attorney. Ludwig v. Cramer (Wis.), 12 Rep. 767.
748. Res gesta; provoking words by plaintiff. Walker v. Flynn, 130 Mass. 151.
749. Evidence admitted of plaintiff's attempt to bribe witness at former trial; repetition; defendant's bad character not competent in mitigation. Hastings v. Stetson, 130 Mass. 76.
License; to flow land, 47; for Drainage, 411; to sell Liquors, see that title; for Pilotage, 1051. Lien; of Bailee, 109; on Crop, 340, 709; of Ven- dor, see SALE, also 1322; and see MECHANIC'S LIEN; MORTGAGE.
Life-Tenant; see TENANT FOR LIFE.
754. Application to action for bounty. Sturte- vant v. Pembroke, 130 Mass. 373.
Of claims in Probate, 500; part payment on Mortgage debt 848; in case of Patent, 1040. Liquor; CIVIL DAMAGE LAWS; LICENSES.
Constitutional and other questions.
755. Act closing saloons on "legal holidays;' Christmas is included; Vested rights of liquor- dealer paying tax before act passed. Reith Miller v. People, 44 Mich. 280.
756. Action by husband for intoxication of wife; constitutionality of act; license not a contract. Moran v. Goodwin, 130 Mass. 158.
757. Michigan Liquor-tax Law; constitutionality discussed; "contingent fund;" "general election." Westinghouser v. People, 44 Mich. 265.
758. Mandamus to compel county treasurer to pay over liquor taxes. E. Saginaw v. Treasurer, 44 Mich. 273.
763. Licenses, renewals and forfeitures under English Act. Queen v. Moore, 7 Q. B. D. 512.
764. Pursuing occupation of selling bitterswith- out license. Viser v. State, 10 Tex. App. 86. 765. Occupation of retailing liquor withou license. Crews v. State, 10 Tex. App. 292. 766. "Fitzpatrick's Bitters" within Act. Foster V. State, 36 Ark. 258.
767. Druggist selling whisky for medicine with- out license. Woods v. State, 36 Ark. 36.
768. Druggist keeping liquors to mix medicine; Massachusetts Act. Comm. v. Ramsdell, 130 Mass.
769. Local option laws; physician's right to sell; time of ordering election. Boone v. State, 10 Tex. App. 418.
770. Iowa Civil Damage Act; contributing to intoxication; joint and several liability; damages in action on bond. Richmond v. Schickler (Dec. 17, 1881), 10 N. West. Rep. 882.
780. Action lies against savings bank. Reed v. Home Sav. Bank, 130 Mass. 443.
781. The doctrine as to exemplary damages in Iowa. Parkhurst v. Mastellar (Dec. 17, 1881), 10 N. West. Rep. 864.
782. Sustained by failure of grand jury to find bill; nol. pros. afterward entered. Graves v. Daw- son, 130 Mass. 78.
783. Arrest on insufficient affidavit; prosecutor nevertheless liable. Stocking v. Howard, 24 Alb. L. J. 537.
See also, 1066; related topic, FALSE IMPRISON-
788. To compel county auditor to audit claim. Wheelock v. Suffolk County, 130 Mass. 486.
789. Action by police justice against county for fees; remedy at law, not by mandamus. Wheelock v. Suffolk County, 130 Mass. 486.
790. To compel city to maintain transfer railroad track conforming to statute; refused, when city had already acted. Rice Mach. Co. v. Worcester, 130 Mass. 575.
For various applications of the writ, see 42, 80, 154, 170, 196, 252, 446, 658, 691, 758, 902, 1068. Manslaughter; see MURDER.
793. Liability of husband for ante-nuptial debts as wife's administrator. Turner v. Caulfield, 7 L. R. Ir. 347.
794. Ante-nuptial agreement; performance by husband sustained against creditors. Sanders v. Miller (Ky.), 12 Rep. 746.
795. Covenant to settle property acquired by wife. Dawes v. Tredwell, 18 Ch. D. 354.
796. Ante-nuptial settlement of wife's after-ac- quired property; infancy of wife; election; restraint on anticipation. Smith v. Lucas, 18 Ch. D. 531.
Relations of Husband and Wife; Generally. 797. Right with wife's assent to collect her rents in his own name. Buck v. Lee, 36 Ark. 525.
798. Reduction to possession of wife's chose in action. Donnelly v. Foss, 7 L. R. Ir. 439.
799. Conveyance by husband to wife through trustee in repayment of loan. Atlantic Bank v. Tav- ener, 130 Mass. 407.
800. Effect of constitution of 1874; conveyance by husband presumed a gift. Ward v. Ward's Estate, 36 Ark. 586.
801. Wife equitable owner; husband may give deed to make her legal owner. Seeders v. Allen, 98 Ill. 468.
Husband's right of Burial, 192; Stock taken in wife's name, 230; Conveyances in Fraud of Creditors, 550; Wife's rights in husband's Life Insurance, 631. The same subject; Wife as Feme Sole, etc. 802. Wife may convey and acknowledge as feme sole under Arkansas Constitution of 1874. Roberts v. Wilcoxson, 36 Ark. 355.
803. Mortgage by wife to secure future sales to husband. Hall v. Jay (Mass.), 24 Alb. L. J. 517. 804. Wife compelled to convey to husband land taken in her name. Wormley v. Wormley, 98 Ill.
805. Creation of trust by wife without husband. State v. Berberich, 9 Mo. App. 128.
809. Sole and separate use; trust construed; not affected by Act of 1861. Carpenter v. Browning, 98 Ill. 282.
810. Separate estate liable for her breach of con- tract for purchase of land. Boeckler v. McGowan, 9 Mo. App. 373.
811. Not liable on note signed with husband and for his benefit. Reed v. Buys, 44 Mich. 80.
812. Not liable to her surety on note given for husband's debt. Richards v. Proper, 44 Mich. 96.
$13. Coverture no defense to sureties on her notes. Gardner v. Barnett, 36 Ark. 476.
814. Judgment against separate estate; form of order. Gallagher v. Nugent, 8 L. R. Ir. 353.
815. Judgment by default on note against wife set aside. Albree v. Johnson, Johnson, 1 Flippin C.
Wife's acknowledgment of Deed, 365; Attach- ment against separate estate, 90.
Trusts for wife, 1287; wife's Bank shares, 134.
Husband and Wife as Witnesses.
816. Admissions of wife as against husband. Rose v. Chafeman, 44 Mich. 312.
817. Agreement of separation; release of property by wife, how far binding. Cahill v. Martin, 7 L. R. Ir. 361.
As to custody of children, see PARENT AND CHILD.
818. Action for wages; evidence; offer of com- promise. Abbott v. Andrews, 130 Mass. 145.
819. Right of employee to his own time out of business hours. Wallace v. De Young, 98 Ill. 638. 820. Taking needy child into family; implied agreement to pay for work. Ryan v. Lynch, 9 Mo. App. 18.
821. Contributory negligence of ordinary laborer in hazardous employment. State v. Malster (Md.), 12 Rep. 783.
822. Negligence of fellow-servant; action against master. Curran v. Merch. Man. Co., 130 Mass. 374. 823. One servant liable to another for negligence in common employment. Osborne v. Morgan, 130
As to Railroad employees, see 1114; other con- nected topics; LABOR; MINES; CONTRACTOR; NEG-
824. Premature reference to master in chancery. Hicks v. Hogan, 36 Ark. 298.
826. Inchoate title; what is "running account;" Fixtures; tanks and iron floor of factory. O'Brien v. Hanson, 9 Mo. App. 545.
827. Quantum meruit; who is "owner;" pos- session under contract; waiver of lien. Jodd v. Duncan, 9 Mo. App. 417, 550.
828. Filing claim where owner has died; par- ties; Iowa Act. Welsh v. McGrath (Dec. 15, 1881), 10 N. West. Rep. 810.
829. Splitting demand. Hayden v. Logan, 9 Mo. App. 496.
830. Notice to owner; leaving paper with ser- vant. Ryan v. Kelly, 9 Mo. App. 396.
831. Form of judgment against wife's estate. Sullivan v. Saunders, 9 Mo. App. 75.
Merger of Mortgage, 849; of Injunction in Judg- ment, 602. Militia ;
835. Deposit of title deeds with bank; sale of land by mortgagor; fresh advances; duty of notice to purchaser. London B. Co. v. Ratcliffe, 6 App. Cas. 722.
Related topics, TRUST; VENDOR AND PURCHASER Relations of the Original Parties; Possession, etc. 836. Receipt of rents by mortgagee not equiva- lent to payment of interest. Cockburn v. Edwards, 18 Ch. D. 449.
837. Payment on note; subsequent foreclosure; question how payment should be applied; special facts. Dean v. Toppin, 130 Mass. 517.
vening one; selling and suing mortgagor; then go- 838. Taking new mortgage in ignorance of inter- ing to equity. Childs v. Stoddard, 130 Mass. 110.
839. Remedy by injunction of mortgagee turned out of possession. Truman v. Redgrave, 18 Ch. D. 547.
840. Mortgagee keeping possession after tender; putting in insolvent tenant. Greer v. Turner, 36
841. Inequitable stipulations; ejectment on mere Mechanics' Lien; related topics, FIXTURES; CON- default; ex parte receivers. Hazeltine v. Granger,
842. Of contingent interest, not discharged by bankruptcy. Oliphint v. Eckerley, 36 Ark. 69.
« PreviousContinue » |