Burden of proof of; Western Union Tel. Co. vs. Griswold & Dunham. Ohio.......... By railroad making running switch; Phila. & Reading R. R. vs. Troutman. Pa.... City responsible for, of employees; Ironton Contributory and concurrent; when not im- puted to plaintiff; Covington Transfer Co. Effect of no evidence of; Phila. & Reading In agent, loss of money in carriage, burden of proof; Darling vs. Younker. Ohio........ Inferred from fact of explosion of boiler; Attachment, &c., on property, as husbands fraudulently in wife's title, not; to bona fide mortgagee; Shorten vs. Drake. Ohio... Not to. kill game on property of another; State vs. John Shannon. Ohio...... When surety or guarantor is not entitled to, of dishonor of note; Hunter vs. Moul. Pa. 109 Of foreman of railroad, in protection of em- ployees; L. S. & M. S. R'y vs. Lavalley. O. Plaintiff must prove, against railroad in kill- P. C. &. St. L. R'y vs. McMillen. Setting fire, extending to premises of an- Locomotive blocking crossing, not contribu- American Decisions, Vol. XXIX. American Decisions, Vol. XXXII. American Decisions, Vol. XXXIII American Decisions, Vol. XXXIV ORDINARY COURSE OF THINGS-Legitimate presumption of; Rose vs. Stephens & Condit OUSTER-Against directors of railroad company OWNER-When liable for sewer assessment; Da- PAROLE CONTRACT-Specific performance of; Ewing et al. vs. Richards et al. (Holmes Co. PART PERFORMANCE-A verbal trust, when enforced; Robbins vs. Robbins. N. Y..... PARTIES-Final judgment as to three; reversal Ambiguous deviso as to quality of land; how enforced; Corwine vs. Moll. 441 Oliver's Conveyancing Pleadings, parties and forms under the Code. 571 Pomeroy's Equity Jurisprudence.... 620 Revised Statutes of Ohio, 2d edition........ 343 Sawyer's United States Court Reports...... 432 United States Court Reports, Vol. I....... 432 269 ........... Stockholders de facto corporation liable as; Rowland vs. Meader Furniture Co. Ohio... Where conduct of party is relied on to charge him as; Cook vs. Penryhn. PASSENGER-Rights of in public conveyances... Acceptance of note for antecedent indebted- ness; not; Hunter vs. Moul. Pa....... Sufficient to take case out of statute of limi. tation of principal; effect as to surety; Glick, administrator, vs. Samuel Crist. O. PERMIT-Distinction between, and assumption conferring corporate powers; Sims et al. vs. PERSONAL PROPERTY-Vendee liable for dam- ages in refusing to accept; Cullen at al. vs. Bimm et al. PETITION-Facts held to be sufficient on; L. S. Without diploma; good moral character; PLEADING- indictment; Averment necessary under Agreement inferred not to be in writing, de- fense available on demurrer; Howard, ad- ministrator, vs. Brower. Ohio....... Error or defect in, how regarded on appeal; Allegation of new matter not inconsistent with petition in reply; Fanning vs. Hiber- Supplemental, where change in rights of par- ties after issue joined; L. S. & M. S. R'y When proceedings in error commenced after By accepting performance of county com- missioners bound, though defective; Ath- ens Co. vs. B. S. L. R'y Co. Ohio...... Consolidation-Rights of stockholders; Ohio 165 ......... Directors may make contract for transporta- tion at fixed future period; Cleveland and Mahoning Railroad vs. Himrod Furnace Imposing penalty by act April 20, 1874, for overcharge, constitutional'; C. S. & C. R'y In action against, want of ordinary care must be proved; P. C. & St. L. R'y vs. McMillan PRINCIPAL AND AGENT-Title to chattels do not pass by sale of alleged agent; Hamet vs. PROBABLE CAUSE-When not necessary to al- lege malice; Diehl vs. Friester. Ohio......... PROFESSIONAL ADVERTISING...... "PROFITS AND BENEFITS"-When term does not devise fee; Collier vs. Grimesey et al. O. Continuing security for; of collateral; Day- ton Nat'l Bauk vs. Merchants' Nat'l Bank. Evidence as to circumstances of signing and delivery; Conger, adm'r, vs. Bean et al. Evidence as to payment, where pleaded; Moran vs. Abbey & Heffner. Cal... Extent liability of surety to bona fide holder; First Nat'l Bank vs. Fowler et al. Ohio... Not entitled to compensation for cattle- guards; Sharp vs. Nettleton. Ohio...... ... Power to regulate stoppages, subject to leg- islative control, Penn, Co. vs. John Wentz. Sued in any county through which road passes; Ohio R'y Co. vs. Jewett. Ohio...... Superintendent's order to particular train. reasonable or unreasonable; P. C. & St. L. R'y Co. vs. Henderson. Ohio....... Real estate not taken from another by usual method; Lake Shore & Michigan Southern R'y vs. N. Y. C. & St. L. R'y. U. S............ Real estate held for necessary uses....................... Two, cannot consolidate, when connected by Holder not compelled to exhaust security principal; Second Nat'l Bank vs. Morrison et al. (Cuyahoga Co C. P.) Ohio...... One induced to endorse fraudulently, liable to innocent indorsee; Pitt, Graham & Co. Once paid cannot be revived by endorsement payee; Moran vs. Abbey & Heffner. Cal... "Pay to order of myself," two drawers; First Nat'l Bank vs. Fowler et al. Ohio........ Rights and liability and endorser; Second Nat'l Bank vs. D. Morrison et al. (Cuya- PUBLIC POLICY-Contract of insurer to pay to party with no interest, contrary to; Mutual Benefit Ass'n vs. Hoyt. Mich....... 143 PUBLIC ROAD-Actual obstruction; dangerous to pass; Cin. S. R'y vs. Commonwealth. Ky. PUNISHMENT (THE) DEFENSE OF INSANITY RIGHT OF WAY-Owner to construct, not interferring with rights of others; Pomeroy vs. Buckeye Salt Co. Ohio...... RIGHT TO SELL TICKETS ON SIDEWALK IN FRONT OF OWNER'S PREMISES-Wallack vs. Ticket Speculators. N. Y................ RIPARIAN OWNER Owner on navigable stream, at common law, ownerspip to middle of stream; June et al. vs, Purcell, Ohio... Right to recover for sand...... ROAD IMPROVEMENT Duties of commisioners to raise money forg .... 400 591 70 1bid 384 139 26 298 Where not sufficient money from local assessment, commissioners to levy general tax... Ibid ROBBERY-Circumstantial evidence as to; Robertson vs. State. Tex....... RULES FOR CITATIONS.... RULES FOR PRACTICE SALARY-Wrongfully dismissed municipal officer, not allowed salary for time out of position; Terhune vs. The Mayor. N. Y............ SCENE IN CHICAGO COURT.... SELF-DEFENSE-Mere threats do not constitute ground for taking life; Oder vs. Commonwealth. Ky.... SEPARATE DEFENSE-Several defendants, de- SEPARATE PROPERTY OF MARRIED WO- SOLICITORS CHARGING LIEN ON MONEYS OF CLIENT.. SOLICITOR (A) STRUCK OFF THE ROLLS...... SPECIAL LEGISLATION-For a release of sureties by a majority of votes, constitutional; State ex rel. vs. Board of Education. Ohio. SPECIFIC PERFORMANCE 476 525 339 347 et al. Ohio...... STREET ASSESSMENT-When owner may enjoin collection; Stone vs. Viele. Ohio......... STREET IMPROVEMENT-Liability of municipal corporation in making; Keating vs. Cincinnati, Ohio.... STREET RAILROAD-Powers of; and council; Sims et al.vs. Brooklyn Street R'y Co. SUBJECTION (THE) OF THE STATE TO LAW. SUBROGATION-Right of surety to all rights and collateral; Second Nat'l Bank vs. Morrison et al. (Cuyahoga Co. C. P.) Ohio......... SUBSTANTIAL DEFECT IN IMPROVEMENT— Rev. Stat., Sec. 2289 construed; Stone vs. Viele. Ohio............. 441 462 270 351 603 412 162 451 314 146 6 587 SUNDAY Discharged by variance of term by principal without knowledge; Boling vs. Young Ohio....... Name of,not appearing in body of, not affecting validity; McLain vs. Simington. Ohio. On promissory note, released by concealment of facts; Conger vs. Bean et al. Iowa...... SURVEY-Effect of fraudulent; under Virginia Military District Allotment. Coan vs. Flagg. Ohio....... TAX-License for dogs, not; Cole vs. Hall, collector. Ill.. Amount treasurer of county stands charged with under Act April 19, 1881; Ohio ex rel. vs. Staley, treasurer. Ohio........... TAXATION— Offices of corporation regarded as residence for purposes of; Pelton, treasurer, vs Northern Transportation Company. Ohio........... Unequal "uniform rule" construed; Wagner, treasurer, vs. Loomis et al. Ohio...... TENANT IN COMMOM-Where taking as, under will; Corwine vs. Mace. Ohio...... TELEGRAPH 504 351 610 559 उ 64 574 358 416 35 441 270 Cipher messages; Western Union Tel. Co.vs. Griswold and Dunhamn. Ohio......... Mistake in message; stipulation in printed matter no excuse for negligence...... Where right to exclusive business not acquired; Marietta & Cin. R'y Co. vs. West. Union Tel. Co. et al. Ohio..... THIEVES, PICKPOCKETS AND WATCH STUFFERS-Right of cities and villages to punish; Moran, Sup't. vs. Nolte. Ohio...... THREATS-Mere, not defense for taking life; Oder vs. Commonwealth. Ky.. TITLE-Equitable only by 99 years lease, renewable forever, attested by one witness; Abbott vs. Bosworth. Ohio....... 246 1bid 436 253 639 74 Action for damages applies as well to underground as surface; Williams vs. Pomeroy.O. Effect judgment rendered before revise code took effect; Lafferty vs. Shinn, Ohio...... Effect on surety, by payment of principal; Glick, administrator, vs. Crist. Ohio......... Must be specially pleaded; State vs. McIntire. Iowa..... 661 648 577 336 TRADE MARK-Sale of factory, when it carries; Pepper vs. Labrǝt. U.S.............. TRIAL Order of; "endant beginning and concluding offering of testimony; Dille vs. Lovell et al. 'Ohio...... TRIAL BY JURY.. TRESPASS (See Statute Limitations) Mere silence of, in presence of, waives nothing; Leber vs. Minneapolis & N. W. R'y Co. Minn..... Use of path across railroad by public for years, not; Phila. & Reading R'y vs. Troutinan. Pa....... TRUST-Verbal, enforced when partially performed; Robbins vs. Robbins. N. Y......... TRUSTEES-Of will-Powers under; Hamilton et al. vs. Rodgers et al. Ohio........ TURNPIKE-Various acts relating to; Art. II, Sec. 26 constitution; State ex rel. vs. Portsmouth & C. Turnpike Co. Ohio.............. ULTRA VIRES Contracts not, binding corporation for fixed time; Cleveland & Mahoning R'y Co. vs. Himrod Furnace Co. When presumption of; Moran vs. Abbey & Heffner. Cal... 655 559 49 Defect in summons, by filing motion; Handy et al. vs. Ætna Ins. Co. Ohio........... Suit against administrator before presenting claim; effect waiver. Pepper vs. Sidener. Ohio...... 289 57 128 WAREHOUSE RECEIPT-When void; execution to creditor; Thorne vs. First Nat'l Bank Wilmington. Ohio.......... 204 Difference between and misrepresentation; Com. Mut. Fire Ins. Co. vs. Huntzinger's use. Pa... WHO IS LIABLE?.... WILL 46 373 142 Acts of widow as acceptance of; Millikin, administrator, vs. Welliver, administrator. Ohio Construction of; Collier vs. Grimesey. Ohio.. Construction of; Hamilton et al. vs. Rodgers et al. Ohio....... Dividing land into parcels, without indicating dividing line; bequest construed; Corwine vs. Mace. Ohio.... Words conveying fee; Piatt vs. Sinton. Ohio WIDOW'S ALLOWANCE-$300 in lieu of homestead; In re estate of R. Martin. Ohio......... WORD (A) TO OUR READERS... WRONGFULLY CAUSING DEATH-Action for, abates at death of wrong doer; Russell vs.Sunbury. Ohio.......... 355 20 577 By an inadvertent head put on the "Table of Cases reported in full," during the past year, which appeared last week, the belief may obtain that no further index will be furnished. This is error. We will prepare a full index of all things contained in the LAW JOURNAL during the year ending with Aug. 11. This will be prepared and printed as soon as possible. We have also omitted from the table of Cases reported in full, Buckingham v Buckingham, page 261. Also on page 536 in speaking of the cost of obtaining copies of the opinions, we wrote that they could only be obtained by paying "Copying rates" &c. The fiendish compositor made it "losing rates" and steadfastly refused to amend. Now, however, that he is no more, we succeed in getting it to read as we penned it. NEW BOOKS. NEVADA REPORTS, Vol. 15, has been received from the publishers, Messrs. A. L. Bancroft & Co., San Francisco. This volume contains fiftyeight cases decided during 1880. Many important decisions concerning the úsual range of matters litigated, we find therein, the more valuable and novel being as to Evidence, Libel, and Partnership in Mining Rights. In Criminal Law, we note nothing unusual. Various questions as to the sufficiency of indictments, the competency of jurors, and the admissibility of testimony, are passed upon, but no new rules are deduced. The mechanical execution of the book is exceptionally good. This, however, is easily accounted for. Messrs. Bancroft & Co: produce no other kind of books. HON O. H. BROWNING, one of the most Distinguished lawyers of the State of Illinois, died at his home in Quincy, Thursday evening of last week, in the 76th year of his age. We have received from the publishers, William Gould & Son, Law Booksellers and Publishers, Albany N. Y., their Catalogue of Law Books. A catalogue of law books may not be deemed an important publication, and, ordinarily, is not. In this case, however, we find a catalogue which must have required an immense amount of labor to prepare, and is correspondingly valuable to attorneys or legal writers. The nucleus to this extensive list was prepared and used by Hon. N. C. Moak in his lectures before the students of Albany Law School, Class of 1880-81, and entitled: Books, their Selection and Use. By the request of the publishers, however, the book was enlarged to its present size, 400 pages, by the addition of much valuable matter prepared by J. T. Cook, Esq. Fifty pages of the book are devoted to the abbreviations used in citing elementary works upon the law. This portion is of the greatest value for reference.. Thirty pages follow giving the abbreviations used in citing English and American Reports and Legal Periodicals. The rest of the book is made up of alphabetical lists of Elementary legal works; of all American Reports; of all American periodical and miscellaneous Reports; of all noted trials, the proceedings of which have been published; sketches of all the English courts; full lists of English Reports; Irish, Scotch, Indian, Canadian, Mauritius, New Zealand and other Reports; making a volume of the greatest interest and value. In addition to all this matter we note on page 3, certain "rules for citations," which are of such value that a simple notice will not do them justice. We will publish them in full next week. OLIVER'S CONVEYANCING. Benjamin Lynde Oliver, the author of Oliver's Precedents in Real and Personal Actions, and of Conveyancing-an earlier edition-is well known throughout the East as a recognized authority in matters pertaining to the interpretation of written instruments. Both his books have been received by the profession with favor most marked, and have long held an undisturbed place in the catalogue of really good works. When we consider that a very large part of the litigation thronging our courts and filling our reports, is the direct outgrowth of unskillful attempts at writing deeds, wills and contracts, we must be surprised that greater attention is not paid to securing a better general knowledge |