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Provision of city charter held not to prohibit | highway.-Daly v. City and Town of New Ha-
the city surveyor from preparing maps necessa- ven (Conn.) 397.
ry to enable commissioners of assessments to
make final assessments of benefits for street im-
provements.-Humphreys v. City of Bayonne
(N. J. Sup.) 761.

Right to assess land assessed for an old sewer
for a new sewer necessary to furnish a proper
outlet for the old sewer determined.-City of
Bayonne v. Morris (N. J. Sup.) 819.

Where property owners have paid an assess-
ment for a public improvement, and it is set
aside, they cannot be again assessed for the
same improvement until the money is refund-
ed.-City of Bayonne v. Morris (N. J. Sup.) 819.
Speculative profits cannot be recovered as dam-
ages on change of grade of a street. Philadelphia
Ball Club v. City of Philadelphia (Pa.) 357.

P. L. 1886, p. 149 (3 Gen. St. p. 3370), pro-
viding that commissioners shall, when any assess-
ment of benefits for a public improvement levied
prior to the enactment of said law remains un-
paid, determine how much of the assessment
shall be collected, does not authorize the commis-
sioners to set off against the assessment, as lev-
ied, awards for portions of the land previously
taken by the city.-Van Buskirk v. City of Bay-
onne (N. J. Ch.) 458.

The right to set off an award for property taken
by a city against an assessment for benefits is
not barred before six years, and laches within
that period will not destroy the right.-Van Bus-
kirk v. City of Bayonne (N. J. Ch.) 458.

Where the grantee of the property owner and
the city council made an adjustment of damages
and benefits, held, that the former thereby ac-
quired an equitable right to set-off that would
be enforced in equity, since he had no adequate
remedy at law. Van Buskirk v. City of Bay-
onne (N. J. Ch.) 458.

A street commissioner held not to have actual
notice that a sidewalk was so constructed as to
be a defect.-Emery v. City of Waterville (Me.)

534.

Notice to policeman of defect in street held
notice to the city, where he is charged with the
duty of reporting the same.-Cummings v. City
of Hartford (Conn.) 916.

A policeman charged with the duty of report-
ing defects in street need not report that the
sidewalk is being repaired.-Cummings v. City
of Hartford (Conn.) 916.

City held liable where policeman failed to prop-
erly protect a defect in the street, of which he
had knowledge.-Cummings v. City of Hartford
(Conn.) 916.

A city is under no legal obligation to light its
streets where they are reasonably safe for
travel.-Canavan v. City of Oil City (Pa.) 1096.

A city held not guilty of negligence because
it contains open gutters, where that is a com-
mon method of construction.-Canavan v. City
of Oil City (Pa.) 1096.

A village whose trustees are empowered to
construct sewers is not liable in exemplary dam-
ages for neglect of the trustees to repair a de-
fective sewer.-Willett v. Village of St. Albans
(Vt.) 72.

A village empowered to construct sewers held
liable for injuries resulting from noxious vapors
through its negligence.-Willett v. Village of St.
Albans (Vt.) 72.

A village authorized to construct sewers is
not liable for consequential damages from defects
in the original design.-Willett v. Village of St.
Albans (Vt.) 72.

A covered drain running under the sidewalk
is a "culvert," within Laws 1893, c. 59, § 1, pro-
viding that towns shall be liable for injuries by
defects in any culvert.-Boyd v. Town of Derry
(N. H.) 1005.

Under the act of April 21, 1858, one whose land
is shut off from direct access to a new system of
streets held entitled to damages. In re Vacation
of Part of Melon St. (Pa.) 482; Appeal of
Stadelman, Id.; Appeal of Bowers, Id. Appeal A town is not liable for injury to abutting prop-
of Eddowes, Id.; Appeal of Levering, Id.; Ap-erty from surface water.-Murray v. Allen (R.
peal of Perkins, Id.

Under the act of April 21, 1858, the omis
sion of commissioners to report specifically that
the person against whom they have assessed
damages is the owner of the land, is not a fatal
defect. In re Vacation of Part of Melon St.
(Pa.) 482; Appeal of Stadelman, Id.; Appeal of
Bowers, Id.; Appeal of Eddowes, Id.; Appeal of
Levering, Id.; Appeal of Perkins, Id.

I.) 497.

Fiscal management and taxation.

Appropriation by city to police pension fund
association held not invalid because leaving to
the association the right of distribution.-Com-
monwealth v. Walton (Pa.) 790.

City of Philadelphia held not prohibited by
Const. art. 9, § 7, to appropriate money for the
Philadelphia Police Pension Fund Association.-
Commonwealth v Walton (Pa.) 790.

A property owner that appeals from an assess-
ment of benefits from a street improvement, and
admits that the improvement as a whole has An appropriation of a reasonable sum by a
benefited him to the amount assessed, cannot city for the use of a committee appointed to de-
show that he was not specially benefited by the termine the practicability of a ship canal held
improvement of a part of the street not adjoin- not within the prohibition of Const. art. 9, § 7.
ing his property.-Boyd v, Borough of Wilkins---Commonwealth v. City of Pittsburgh (Pa.)
burg (Pa.) 592.

Torts.

A town is not liable for the negligence of its
bridge tender performing the governmental duty
of operating a draw.-Daly v. City and Town
of New Haven (Conn.) 397.

Defects in a drawbridge over a navigable
stream held not to show a defective highway, as
the duty to operate a draw is distinct from that of
keeping the bridge safe for travel.-Daly v. City
and Town of New Haven (Conn.) 397.

The duty to build and operate a draw in a
bridge for the benefit of a highway up and down
the river is public and governmental.-Daly v.
City and Town of New Haven (Conn.) 397.

A town is not liable for a breach of its gov-
ernmental duty to provide a draw that can safe-
ly be operated, where the defects in no wise af-
fect its use as a bridge and as part of the public

628.

An appropriation by a city council held intend-
ed for a certain committee, though such commit-
tee was not named in the ordinance.-Common-
wealth v. City of Pittsburgh (Pa.) 628.

Revision 1897 (P. L. 285), held to supersede
all pre-existing borough laws as to future bond
issues.-Mittag v. Borough of Park Ridge (N.
J. Sup.) 750.

An election on the question of the issuance
of bonds under supplement to general borough
act, held less than 20 days after the resolution
to issue the same, held invalid.-Mittag v. Bor-
ough of Park Ridge (N. J. Sup.) 750.

The supplement of 1888 to the general bor-
ough act was superseded by Act March 28, 1892,
so far as applicable to bonds for street improve-
ments.-Mittag v. Borough of Park Ridge (N.
J. Sup.) 750.

Right of borough, after authorizing a water Evidence tending to show fright of plaintiff's
company, under the general borough act of April horses to be caused by negligent piling of lum-
3, 1851, to erect its own waterworks, determined. ber held admissible.-Valley v. Concord & M. R.
-Union Water Co. v. Borough of Rochester (Pa.) R. (N. H.) 383.
136.

Right of city to tax land on extension of its
limits under Acts 1884, c. 58, determined.-
Valentine v. Town of Hagerstown (Md.) 931.
Municipal officers may direct in writing an
action of debt to be brought for the recovery of
taxes.-Inhabitants of Dover v. Maine Water
Co. (Me.) 101.
Actions.

Evidence examined, and held to support a find-
ing that the plaintiff was unavoidably prevented
from filing her claim for injury on a culvert with
the selectmen, as provided by law.-Boyd v. Town
of Derry (N. H.) 1005.

MUTUAL BENEFIT SOCIETIES.
See "Beneficial Associations."

MUTUAL INSURANCE.

See "Insurance."

NAMES.

See "Trade-Marks and Trade-Names."

NATIONAL BANKS.

See "Banks and Banking."

NAVIGABLE WATERS.

See "Canals."

NECESSARY PARTIES.

See "Parties."

NEGLIGENCE.

See, also, "Carriers"; "Master and Servant";
"Municipal Corporations"; "Railroads."
Causing death, see "Death."

Of landlord, see "Landlord and Tenant."

What was the proximate cause of plaintiff's
injury, where she seized her horse's bridle to
prevent him from running away, he having been
frightened by a collision with defendant's team,
held to be a question of fact.-Willis v. Provi-
dence Telegram Pub. Co. (R. I.) 947.

Whether or not plaintiff was guilty of con-
tributory negligence in seizing her horse's bridle
to prevent him from running away, after he
had been frightened by a collision with de-
fendant's team, held a question of fact.-Willis
v. Providence Telegram Pub. Co. (R. I.) 947.

The proximate cause of an accident to a trav-
eler held the breaking of the harness, and not
the absence of guard-rails on a bridge.-Willis
v. Armstrong County (Pa.) 621.

Where plaintiff's horses are frightened by
lumber negligently piled, an allegation of due
care held unnecessary.-Valley v. Concord & M.
R. R. (N. H.) 383.

A presumption that a traction company was
negligent did not arise from the unexplained
breaking of a trolley wire, by reason of which
plaintiff's horse was frightened.-Rogers v. Phila-
delphia Traction Co. (Pa.) 399.

The fact that a railroad culvert was covered
after a person on the track had fallen into it is
immaterial on the question of the railroad com-
pany's negligence.-Fisher v. Paxson (Pa.) 407.

Abutting owner held liable to traveler injured
by a post set into the highway.-Gunther v.
Dranbauer (Md.) 33.

Where defendant's act was not the real cause
of the injury, but only afforded the occasion
for an accident causing the injury, held that de-
fendant was not liable.-Conway v. Lewiston
& A. Horse R. Co. (Me.) 110.

One who mistook doors leading to the cellar of
a public building for the main entrance thereof,
and opened them and fell into the cellar, there
being no stairway, held entitled to recover from
the proprietor of the building.-Foren v. Rodick
(Me.) 175.

An instruction that "what would be due
care in driving a dull horse would not be in
driving a locomotive," held proper, as being
merely an illustrative way of saying that or-
dinary care depends on the circumstances of
the case.-Sawyer v. J. M. Arnold Shoe Co.
(Me.) 333.

In an action for injuries received on a passen-
ger elevator, it was error to permit the jury to
consider, on the question of negligence, the
fact that defendant was insured against acci-
dents happening on the elevator.-Sawyer v.
J. M. Arnold Shoe Co. (Me.) 333.

NEGOTIABLE INSTRUMENTS.

See "Bills and Notes."

NEWLY-DISCOVERED EVIDENCE.
Ground for new trial in civil actions, see "New
Trial."

NEW TRIAL.

A new trial for newly-discovered impeaching
evidence will not be granted where no diligence
is shown.-Timony v. Casey (R. I.) 370.

Under V. S. § 1232, a verdict will be set
aside where an agent of the successful party
treats the jury after the trial.-Shattuck v.
Wrought-Iron Range Co. (Vt.) 72.

NONSUIT.

Before trial, see "Dismissal and Nonsuit."

NOTES.

It is proper to refuse to direct a verdict in an
action for negligence, where it turns on a fact
as to which the evidence is conflicting.--Hoimark
v. Consolidated Traction Co. (N. J. Err. & App.) Promissory notes, see "Bills and Notes."
684.

A count alleging negligence is bad where the
facts constituting the negligence complained of
are not set out.-Laporte v. Cook (R. I.) 700.
Defendant held liable for negligently piling
lumber outside limits of highway in a manner
to frighten passing horses.-Valley v. Concord &
M. R. R. (N. H.) 383.

See "Lis Pendens."

NOTICE.

Of defects in streets, see "Municipal Corpora-
tions."

Of intent to claim lien, see "Mechanics' Liens."
Of tax sale, see "Taxation."

NUISANCE.

Maintenance of, on leased premises, see "Land-
lord and Tenant."

Pollution of stream, see "Waters and Water
Courses."

Railroad in street, see "Railroads."

A statute providing for abatement of nui-
sance by order of lower court without notice to
the owner held constitutional.-Harrington v.
Board of Aldermen of City of Providence (R.
I.) 1.

Pub. Laws April 25, 1889, c. 777, as amend-
ed by chapter 1407 of March 1, 1895, held to
provide reasonable methods for abatement of
privy nuisance.-Harrington v. Board of Alder-
men of City of Providence (R. I.) 1.

Pub. Laws April 25, 1889, c. 777, as amend-
ed by chapter 1407 of March 1, 1895, provid-
ing for abatement of a privy nuisance in prem-
ises abutting on a street in which there is a
sewer, held a proper exercise of police power.
Harrington v. Board of Aldermen of City of
Providence (R. I.) 1.

-

A corporation authorized to construct and oper-
ate motors and cables, but not invested with
the power of eminent domain, is liable for special
injuries to the property of another, caused by
the jarring of machinery operated by the cor-
poration on its own premises, though no neg-
ligence be proved.-Kepner v. Harrisburg Trac-
tion Co. (Pa.) 416.

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One who has been declared illegally elected can
only hold the office until his successor is elected
and qualified.-Wells v. Munroe (Md.) 987.

An architect employed by commissioners to
supervise the construction of a public building,
held not an officer.-State v. Broome (N. J. Sup.)
841.

A resolution of the board of chosen freehold-
ers appointing a lawyer as attorney to the
board does not place him within the protection
of the veteran acts.-Rowe v. Board of Chosen
Freeholders of Hudson County (N. J. Sup.) 818.

The post of deputy warden of the Hudson
county almshouse is not an office, within the
meaning of the veteran act.-Stewart v. Board
of Chosen Freeholders of Hudson County (N. J.
Sup.) 842.

A clerk who has made an incomplete record
may complete same afterwards while in office,
or after re-election.-City of Bangor v. Inhab-
itants of Orneville (Me.) 153.

defense to the nonpayment of moneys in fact
The fact that a tax levy was invalid is no
collected by tax collector.-Town of Pawlet v.
Kelley (Vt.) 92.

OILS.

The grantor of premises on which there was
a building constituting a nuisance held liable for
the continuance of the nuisance, where he cov- See "Mines and Minerals."
enanted quiet enjoyment and the right to main-
tain the structure.-East Jersey Water Co. v.
Bigelow (N. J. Err. & App.) 631.

OPENING.

A person having possession of premises under Judgment, see "Judgment."
a lease for 999 years held the owner thereof, and
responsible for maintaining a nuisance thereon.-
Meyer v. Harris (N. J. Sup.) 690.

OPINION EVIDENCE.

The owner of premises on which a nuisance In civil actions, see "Evidence."
had been erected by his predecessor held respon-
sible for injuries occasioned thereby if he con-
tinued the nuisance.-Meyer v. Harris (N. J.
Sup.) 690.

OBJECTIONS.

First raised on appeal, see "Appeal and Error."

OBLIGATION OF CONTRACT.
Laws impairing, see "Constitutional Law."

OBSCENITY.

In a trial under Pub. St. c. 264, § 2, prohibiting
the use of offensive epithets in public, the truth
of the statements contained in the epithets is ir-
relevant.-State v. Brown (N. H.) 731.

OFFICERS.

ORDERS.

Review of appealable orders, see "Appeal and
Error."

ORDINANCES.

Municipal ordinances, see "Municipal Corpora-
tions."

OUSTER.

Of officers, see "Quo Warranto."

PARENT AND CHILD.

Obligation of a father to support his child.
held not discharged by divorce procured by the
mother with custody of the child.-Dolloff v.
Dolloff (N. H.) 19.

A parent held liable for board and nursing of
his unmarried daughter, though she was of age,

hurst v. Krellinger (Vt.) 67.

See, also, "Clerks of Courts"; "Judges"; "Re- and he had made no express promise.-Park-
ceivers"; "Sheriffs and Constables."
Assessors and collectors of taxes, see "Taxa-
tion."

Election officers, see "Elections."

Of banks, see "Banks and Banking."

Of beneficial associations, see "Beneficial Asso-
ciations."

Of cities, see "Municipal Corporations."
Of corporations, see "Corporations."

Of counties, see "Counties."

Of courts, see "Courts."

An objection in such case that there was no
definite averment of the time when defendant
enticed the child away is not open to defendant
on general demurrer.-Hare v. Dean (Me.) 227.

Both parents are entitled to the custody of their
children under Pub. Laws 1895, c. 43, and hence
both are properly joined in an action for enticing
away a child.-Hare v. Dean (Me.) 227.

In such action it is no defense that at the time

Of loan associations, see "Building and Loan of the wrongful act the child was not actually

Associations."

Of states, see "States."

Of towns, see "Towns."

Poor-law officers, see "Paupers."

a member of the parents' household.-Hare v.
Dean (Me.) 227.

An infant having a vested remainder in a
large estate held not a poor person, within 2

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Error."

To assignments, see "Assignments."
To creditors' suit, see "Creditors' Suit."

In suing the trustees of an unincorporated lodge,

where the lodge was joined as a defendant, and
plaintiff afterwards learned that it had disbanded,
held, that he might strike the name of the lodge
from the bill.-Grand Lodge, Knights of Pythias
of New Jersey, v. Germania Lodge, No. 50 (N.
J. Ch.) 341.

The allowance of an amendment bringing in
new parties defendant is a matter within the dis-
cretion of the trial court.-Lawson v. Kimball
(N. H.) 380.

In an action to recover the equitable value of
a life policy that has been forfeited by the com-
pany, the insured, and not the beneficiary, is
the proper party plaintiff.-McDonald v. Metro-
politan Life Ins. Co. (N. H.) 500.

In a declaration charging willful injury to a
chattel, misjoinder of defendants will not defeat
the action. Keer v. Oliver (N. J. Sup.) 693.

PARTITION.

A parol partition may be limited to the sur-
face of the land, leaving the coal in common.-
Byers v. Byers (Pa.) 1027.

Burden of proof is on one claiming that par-
tition was only as to the surface, and did not
include the coal, to prove such fact.-Byers v.
Byers (Pa.) 1027.

Question whether a parol partition embraced

the coal under the surface of the land held a
question for the jury.-Byers v. Byers (Pa.)
1027.

Where a partner paid a judgment at law
recovered against the firm on the ground of
false representations, he was denied contribu-
tion from his co-partner because of the moral
fraud on which the judgment was based.-
Clayton v. Davett (N. J. Ch.) 308.

That compensation for services is to be contin-
gent, and paid from the profits, does not make
the employé a partner.-Ryder v. Jacobs (Pa.)
471.

Where surviving partners of a firm engaged in
insurance separated, and one of them was paid
a sum of money by a third person for the privi-
lege of entering into partnership with him be-
cause of his right to compete for business of the
old firm's customers, held, that there was not a
sale of the good will of the old firm.-Dyer v.
Shove (R. I.) 498.

A judgment against one partner held prior to
claims of firm creditors accruing after it became
a lien. In re Fair Hope North Savage Fire-
Brick Co.'s Estate (Pa.) 519; Appeal of Boyts,

Id.

-

Where title to land was taken in the individu-
al names of the partners, held, that it was not
partnership assets under the circumstances,
though one who advanced all the cash took a
mortgage of the other's partnership interest_to
secure one-half of advance. - Harris v. De
Raismes (N. J. Ch.) 637.

A rule of a partnership association denying
to a member purchasing additional shares, the
same as to any other transferee of shares, the
right to vote them, unless elected to member-
ship in respect to such shares, is authorized by
Act June 2, 1874 (P. L. 271), § 4, as amended.
-Carter v. Producers' Oil Co. (Pa.) 571.

An agreement to co-operate in a sale of land
on which one party holds an option, and share
in the profits, held a partnership.-Frazer v.
Linton (Pa.) 589.

In the absence of provisions in the partnership
agreement, the presumption is that the profits
are to be equally divided.-Frazer v. Lintou
(Pa.) 589.

Where an auditor found that some of the
items of an account against a partnership were
for goods sold to one of the partners individually.
but on a recommitment he further reported that
he was unable to ascertain that any item was
for goods thus sold, the supplemental report
nullified the original finding.-Barette v. Laurier
(Vt.) 236.

When an important question in a suit is
whether partnership lands are subject to parti- See "Carriers."
tion, persons having rights thereto only in the
event of a partition are proper parties.-Craig-
head v. Pike (N. J. Ch.) 296.

Where lands were purchased by a partnership
for development and sale, they would not be
partitioned on application of one partner if the
venture would be thereby defeated.-Craighead
v. Pike (N. J. Ch.) 296.

PARTNERSHIP.

A sale by a retiring partner to his associates
of the assets of the partnership, where the firm is
insolvent, is void as to creditors of the firm.-
Franklin Sugar-Refining Co. v. Henderson (Md.)
991; Brown v. Same, Id.; Edmondson v. Same,
Id.; Lederer v. Same, Id.

A creditor of a partner, who took an assign-
ment of the partner's interest in the firm as-
sets as security, held not liable as a partner to
contribute to the other partner, on account of
a judgment against the firm paid by the latter.
-Clayton v. Davett (N. J. Ch.) 308.

PASSENGERS.

PAUPERS.

Notice to the overseers of a town from the
"office of the overseers of the poor" of another
town, by a named person, "overseer of the poor
and secretary," held sufficient.-City of Bangor
v. Inhabitants of Orneville (Me.) 153.

The record of commitment of an insane pau-
per held not invalid because it failed to state
that the physicians who made the medical ex-
amination were respectable.-City of Bangor v.
Inhabitants of Orneville (Me.) 153.

Assessors of oldest incorporated adjoining
town or nearest incorporated town have the duty
of looking after state paupers found on planta-
tions.-Davis v. Inhabitants of Milton Planta-
tion (Me.) 539.

Assessors of plantations, under Rev. St. c. 24,
§ 33, have no duty imposed on them as to state
paupers.-Davis v. Inhabitants of Milton Planta-
tion (Me.) 539.

PAYMENT.

See, also, "Accord and Satisfaction"; "Tender."
Of claims against estate of decedent, see "Ex-
ecutors and Administrators."
Of mortgages, see "Mortgages."
Of note, see "Bills and Notes."
Of taxes, see ""Taxation."

Where tax collector was in default for collec-
tions in the years 1891 and 1893, and by mis-
take paid an excess on the taxes for 1892, held
that the excess would be applied to the deficit
of 1893, it appearing that the money was the
proceeds of taxes for that year.-Town of Paw-
let v. Kelley (Vt.) 92.

Presumption of payment by a lapse of time
held not rebutted by proof of an indorsement of
credit by the deceased obligee.-Hart v. Bucher
(Pa.) 472.

Payments received on a general account, with-
out express application, will be applied to the
oldest items.-Doherty v. Cotter (N. H.) 499.

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PLEADING.

Alleging fraud, see "Fraud."

In creditors' suit, see "Creditors' Suit."
In equity, see "Équity."

In replevin, see "Replevin."

Necessity for pleading limitations, see "Limita-
tion of Actions."

Sufficiency of bill for appointment of receiver,
see "Receivers."

In assumpsit to recover under a specified con-
tract, proof that plaintiff's compensation was to
be contingent constitutes a variance.-Ryder v.
Jacobs (Pa.) 471.

An amendment in a declaration on the case,
inserting the ad damnum, which had been inad-
vertently omitted, was proper.-Hare v. Dean
(Me.) 227.

Copy of note declared on need not be exact.-
West v. Darcy (R. I.) 945.

Refusal to dismiss notice, where a plea was
the general issue, held proper.-McMullin v. Er-
win (Vt.) 62.

Complaint.

The form known as the "common count"
cannot, under the practice act, follow a special
count.-McNamara v. McDonald (Conn.) 54.

An allegation as to legal proceedings in a
civil complaint held to include criminal as well
as civil proceedings.-Mack v. Campeau (Vt.)
149.

Allegations in a civil action held sufficient as
averring a crime.-Mack v. Campeau (Vt.) 149.
Plea or answer, and affidavit of defense.
In a trial, on appeal from the allowance of a
claim in the insolvency court, the general issue
will be considered as already pleaded after the
court has refused to allow special pleas in bar
to be filed out of time.-Clemons v. Clemons'
Estate (Vt.) 314.

A plea held not in confession and avoidance.-
Dibble v. Deerfield River Co. (Vt.) 161.

An answer admitting the allegations in a com-
plaint waives formal defects.-Jacobs v. Holgen-
son (Conn.) 914.

Affidavit of defense to complaint of lessor in
an oil lease to recover bonus held insufficient.—
Chambers v. Smith (Pa.) 522.

Under Gen. Laws, c. 239, § 14, failure to file
an affidavit of defense to a declaration on a
promissory note will not preclude the defend-
ant from establishing a set-off.-West v. Darcy
(R. I.) 945.

Objection that an answer is not filed in time
held unavailing where there was no motion to
strike.-Camden Fire Ins. Co. v. Reed (N. J. Ch.)

667.

No exception lies to a refusal of the court to
allow special pleas in bar to be filed out of time.
-Clemons v. Clemons' Estate (Vt.) 314.

Replication and subsequent pleadings.

A replication denying each and every material
fact in certain pleas, not being pleas in con-
fession and avoidance, held bad for duplicity, un-
der V. S. § 1151.-Dibble v. Deerfield River Co.
(Vt.) 161.

Where a defendant, in his rejoinder, departs
from the issue tendered by his plea, such re-
joinder is bad on demurrer.-Smith v. Felter (N.
J. Sup.) 746.

Demurrer.

A demurrer to the whole declaration is prop-
erly overruled if any count is good.-Gunther v.
Dranbauer (Md.) 33.

Where a demurrer is general to two counts,
one of which is good, it must be overruled.-
Astor v. Heller (N. J. Sup.) 819.

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