As excusing laches in suit for divorce. see "Di- nuisance further than that it was within a city
vorce," § 2.

Charges against city officers, see "Municipal See "Rescue."
Corporations," § 4.

Inquisition in lunacy, see "Insane Persons,"
§ 1.

Public improvement, see "Municipal Corpora-
tions," § 6.

Tax assessment, see "Taxation," § 2.
Termination of elation as rector, see "Religious
Societies"

OFFICERS.

Mandamus, see "Mandamus," § 1.
Penalties for neglect of duty, see "Penalties,"
§ 1.

Particular classes of officers.

See "Clerks of Courts"; "Judges"; "Justices
of the Peace"; "Receivers"; "Sheriffs and
Constables."

Corporate officers, see "Corporations," § 4.
Election officers, see "Elections," § 3.
Health officers, see "Health," § 1.
Municipal officers, see "Municipal Corpora-
tions," § 4.

School officers, see "Schools and School Dis-
tricts," § 1.

Town officers, see "Towns," § 1.

§ 1. Appointment,

tenure.

qualification,

and

Failure of an officer to take the prescribed
oath of office will not prevent his becoming an
officer de facto.-Rosell v. Board of Education
of Neptune City (N. J. Sup.) 398.

On certiorari to review the action of the board
of chosen freeholders of the county for the is-
sue of bonds, under Act March 5, 1895, author-
izing the establishment of parks in counties, on
the requisition of a park commission organized
under such act, the supreme court cannot in-
quire into the title of the members of the com-
mission.-Ross v. Board of Chosen Freeholders
of Essex County (N. J. Sup.) 1042.

tory injunction requiring the mother to per-
mit him to have access to the child, does not
properly invoke the jurisdiction of the chancel-
lor.-Rossell v. Rossell (N. J. Ch.) 821.

The question whether a commercial educa-
tion furnished an infant is a necessary for
which the father is liable held a question for the
jury.-Cory v. Cook (R. I.) 315.

In action by parent for loss of services of
child, due to injuries caused by defendant's neg-
ligence, the measure of damages defined.-Me-
Garr v. National & Providence Worsted Mills
(R. I.) 320.

A widowed mother held entitled to recover for

the loss of services of a minor child injured by
defendant's negligence.-McGarr v. National &
Providence Worsted Mills (R. I.) 320.

A mother, under the arrangement with the
husband, held entitled to recover for the loss of
services of a minor child injured, before the
husband's death, by defendant's negligence.-
McGarr v. National & Providence Worsted
Mills (R. I.) 320.

In an action by a parent for death of her
child it was proper to limit the time for which
the plaintiff could recover for the loss of the
child's services to the period before the child
should reach 21 years.-Schnable v. Provi-
dence Public Market (R. I.) 634.

PAROL EVIDENCE.

§ 2. Rights, powers, duties, and liabil- In civil actions, see "Evidence," § 7.
ities.

Title to office of policeman cannot be tried
collaterally in an action for salary.-Van Sant
v. Atlantic City (N. J. Sup.) 701.

OILS.

PARTICULARS.

Bill of, see "Pleading," § 6.

PARTIES.

As property subject to partition, see "Parti- Criminal responsibility, see "Larceny,” § 1.
tion," § 1.

OPENING.

Judgment, see "Judgment," §§ 1, 2, 5.

OPINION EVIDENCE.

In civil actions, see "Evidence." § 8.

In criminal prosecutions, see "Criminal Law,"
§ 3.

OPINIONS.

Of courts, see "Courts." § 1.

ORDERS.

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

ORDINANCES.

Domicile or residence as affecting venue, see
"Venue," § 1.

Persons concluded by judgment, see "Judg
ment," § 8.

Persons entitled to enforce contract, see "Spe-
cific Performance," § 1.

Persons liable for negligence, see "Negligence,"
$ 1.

In particular actions or proceedings.
See "Injunction," § 3.

To establish trust, see "Trusts," § 7.

To particular classes of conveyances, contracts,
or transactions.

See "Contracts," § 2; "Fraudulent Conveyan-
ces," § 2.

§ 1. New parties and change of parties.
Fire precinct paying bills for which town was
liable and suing town therefor held entitled to
amend, if justice required, by substituting as
plaintiffs the parties to whom the payments
were made.-Contoocook Fire Precinct v. Town

Municipal ordinances, see "Municipal Corpo- of Hopkinton (N. H.) 797.
rations," 6, 11, 12.

PARENT AND CHILD.

§ 2. Defects, objections, and amend-
ment.

An objection for nonjoinder of parties plain-
tiff is waived, if not taken advantage of as

See "Adoption"; "Bastards"; "Guardian and matter in abatement by plea or demurrer.-
Ward"; "Infants."

Domicile of infant, see "Domicile."

Where the jurisdiction of a chancellor is in-
voked under his general power over the affairs

Loomis v. Hollister (Conn.) 579.

PARTITION..

of the infants or on habeas corpus, the chan- § 1. Actions for partition.
cellor can award the custody of the infant of Under Rev. St. c. 88, § 4, a petition for par-
parents living in a state of separation, without tition cannot be heard, where notice has not
being divorced, to one of them.-Rossell v. Ros-been given to co-tenants who are described as
sell (N. J. Ch.) 821.
unknown.-Savage v. Gray (Me.) 61.

A bill by the father against the mother, they A bill for partition and recovery of certain
living in a state of separation, asking a manda- moneys held good on motion to strike cross-bill

and part of auswer.-Hanneman v. Richter (N.
J. Ch.) 177.

A claim in set-off in equity held not subject of
set-off. Hanneman v. Richter (N. J. Ch.) 177.

In partition, claims of complainant against de-
fendant for rents of the premises collected by
defendant may be adjudicated.-Hanneman v.
Richter (N. J. Ch.) 177.

Refusal of commissioners in partition to per-
mit bids on purparts held not error.-Hanna v.
Clark (Pa.) 758.

Refusal in partition to divide oil under the
lands subject to leases held not error.-Hanna
v. Clark (Pa.) 758.

PARTNERSHIP.

PART PAYMENT.

Within statute of limitations, see "Limitation
of Actions," § 3.

PARTY WALLS.

A wall erected by the owner of two proper-
ties held intended by him as a party wall,
though as a matter of fact it was erected on
one of the properties solely.-Bright v. Allan
(Pa.) 251.

PASSENGERS.

See "Carriers," § 3.

PAUPERS.

Liability as partners, of persons holding them-
selves out as corporation, see "Corporations," Title of act relating to, see "Statutes," § 3.
$ 1.

§ 1. Mutual rights, duties, and liabili-
ties of partners.

Evidence held sufficient to establish a debt
due a firm to certain partners.-Evans v.
Weatherhead (R. I.) 286.

Surviving partners, trustees of the interest
of the deceased partner, held not entitled, on
an accounting, to charge interest on a debt ow-

ing by the firm.-Evans v. Weatherhead (R.

286.

§ 2.

I.)

Rights and liabilities as to third

persons.

A single partner can assign a chose in action
belonging to the firm.-Sullivan v. Visconti (N.
J. Sup.) 598.

An instrument in the form of an assignment,
reading "I, M., assign these moneys that are
due to the firm of M. C. & Co." to a certain
person named, held a valid assignment at law.
-Sullivan v. Visconti (N. J. Sup.) 598.

Knowledge of partner as to note held by the
firm held to be knowledge of the firm.-Adams
v. Ashman (Pa.) 375.

§ 3.

Death of partner, and surviving
partners.

Surviving partners, who continued the busi-
ness and were trustees of the interest of a de-
ceased partner for the benefit of his wife and
children, held not entitled to compensation.-
Evans v. Weatherhead (R. I.) 286.

§ 4. Dissolution, settlement, and
counting.

ac-

An averment in a declaration that plaintiffs
are copartners and trustees for their assignee
does not warrant the inference of the insolven-
cy of the firm.--Cole v. Shanahan (R. I.) 273.
In a suit for an accounting against surviving
partners, it was not error to strike off bad
debts of the firm and make a deduction there-
for from the complainant's interest.-Evans v.
Weatherhead (R. I.) 286.

§ 5. Limited partnership.

Two of three persons forming limited part-
nership held estopped to allege that a third had
uo interest in fact.-Sturgeon v. Apollo Oil &
Gas Co. (Pa.) 189.

Two of three partners in limited partnership
cannot exclude third from the profits, where he
was held out as actual partner by the recorded
articles filed in successive years.-Sturgeon v
Apollo Oil & Gas Co. (Pa.) 189.

Right of member of limited partnership to
share in the profits on dissolution, though he
had not contributed to the capital, determined.
-Sturgeon v. Apollo Oil & Gas Co. (Pa.) 189.

§ 1. Settlement and removal.

Where the officers of a town induce the mar-
riage of a woman for the purpose of changing
her settlement, so that, but for such act, the
marriage would not have taken place, then the
marriage was procured by the agency of the
municipal officers within Rev. St. c. 24, § 1-
Inhabitants of Hudson v. Inhabitants of Char-
leston (Me.) 832.

marriage of a pauper was procured by the se-

Where plaintiff town contended that the

lectmen of the defendant town, and that con-
sequently her settlement was not changed there-
by, under Rev. St. c. 24, § 1, held, that testi-
mony of admissions by the officers of the de-
fendant town is not competent to prove their
agency in procuring the marriage, but declara-
tions accompanying their official acts in the
premises are admissible.-Inhabitants of Hud-
son v. Inhabitants of Charleston (Me.) 832.

In an action to avoid the liability of a town
for the support of a pauper, on the ground that
her settlement by marriage was procured by
collusion on the part of the officers of a town
otherwise liable for her support, evidence held
to warrant a finding that the marriage was so
procured.-Inhabitants of Hudson v. Inhabit-
auts of Charleston (Me.) 832.

On marriage, a woman takes the pauper set-
tlement of her husband.-Inhabitants of Wins-
low v. Inhabitants of Troy (Me.) 1008.

Where a marriage is annulled for mental in-
capacity of the husband, the woman's pauper
settlement is not affected by such marriage.-
Inhabitants of Winslow v. Inhabitants of Troy
(Me.) 1008.

Where a husband at the time of his marriage
was mentally incapable of contracting marriage,
the pauper settlement of the woman is not
changed.-Inhabitants of Winslow v. Inhabit-
ants of Troy (Me.) 1008.

Where the evidence showed that a marriage
was solemnized between a female pauper and
her husband, the pauper's settlement was chan-
ged thereby to the town where her husband's
settlement was, unless the marriage was void,
or it had been annulled.-Inhabitants of Wins-
low v. Inhabitants of Troy (Me.) 1008.

2. Support, services, and expenses.
Where, on an application by a pauper for
support, a subscription is taken around the town
for his relief, though when he received the sup-
plies thus furnished he believed they were pau-
pers' supplies from the town, the consequences
attaching to such an act would not follow there-
from.-Inhabitants of Orland v. Inhabitants of
Penobscot (Me.) 830.

Paupers' supplies must be received from a
town under a statutory obligation to make the
town of the paupers' settlement liable therefor.

Under Laws 1899, c. 100, §§ 1, 2, a county In civil actions, see "Equity," § 3; "Pleading,"
held liable for assistance given paupers by a
town during a quarantine, where paupers had no
settlement there.-Town of Loudon v. Merri-
mack County (N. H.) 906.

For sale of property of decedent, see "Execu- time for filing an affidavit of defense is valid

A reply to a defense in the answer cannot | pledgor on the redemption of the pledge.-Me-
properly be divided into two separate pleadings, Crea v. Yule (N. J. Sup.) 210.
and one of them be denominated a "second de-
fense."-Church v. Pearne (Conn.) 955.

A plaintiff may in one pleading, which should
be entitled "Reply and Demurrer," raise issues
of law as to a part of a defense in the answer
and issues of fact as to the residue.-Church v.
Pearne (Conn.) 955.

A rejoinder held a plea in confession and
avoidance.-Baker v. Sherman (Vt.) 330.

§ 4. Demurrer or exception.

Where the pledgee of collaterals collects the
income thereof, he is a trustee of the pledgor
for the proper application of the funds, or the
refunding of the same, if the debt is otherwise
paid.-McCrea v. Yule (N. J. Sup.) 210.

POLICE POWER.

Of municipality, see "Municipal Corporations,"
§ 11.

POLICY.

Facts under which held that refusal of an
amendment of a complaint was within the
court's discretion, and that the circumstances Of insurance, see "Insurance."
would justify the conclusion that its allowance
would work injustice.-White v. Strong (Conn.)

654.

POLITICAL RIGHTS.

Plea of compromise of personal injury suit Suffrage, see "Elections."
held to sufficiently allege authority of plain-
tiff's attorney.--Strattner v. Wilmington City
Electric Co. (Del. Super.) 436.

Where a general demurrer has been filed to See "Paupers."
a bill, and overruled, a second demurrer or a
motion to strike out the whole or parts of the
same bill cannot be entertained without special
leave first obtained.-Stevenson v. Morgan (N.
J. Ch.) 78.

Lack of certainty in a declaration cannot
be taken advantage of on general demurrer.-
Minnuci v. Philadelphia & R. R. Co. (N. J. Sup.)
229.

Profert, oyer, and exhibits.

5.
An exhibit, referred to in a reply, but not
annexed thereto, held to be a part of the reply.
-New Idea Pattern Co. v. Whelan (Conn.) 953.
§ 6. Bill of particulars and copy of ac-
count.

A bill of particulars held to state a cause of
action for money loaned and advanced, and not
an action on a note.-Brown v. Woodward
(Conn.) 112.

In an action to recover an amount due on
account, defendant's bill of particulars held
sufficient.-Boody v. Pratt (N. J. Err. & App.)
470.

7. Motions.

A motion to strike out the whole or part of
a bill of complaint under rule 213 is in the na-
ture of a demurrer.-Stevenson v. Morgan (N.
J. Ch.) 78.

§ 8. Defects and objections, waiver, and
aider by verdict or judgment.
Filing an answer denying the truth of the
facts contained in the "complaint and bill of
particulars," without moving to have the bill of
particulars corrected or made more specific, was
a waiver of such objections.-Brown v. Wood-
ward (Conn.) 112.

Though a complaint makes an insufficient
statement of a fact, held, it was too late, after
judgment, to complain thereof. Whitlock v.
Uhle (Conn.) 891.

-

Objection that the declaration was not filed
in the time required by the statute cannot be
raised for the first time after plea, trial, and
verdict.-Piche v. Robbins (R. I.) 92.

PLEDGES.

A receipt showing that a person advanced to
a corporation a designated sum to be used by
him for expenses in going to Europe to sell the
corporation's patent rights held to entitle the
person to a return of the unexpended portion of
the sum.-Leupold v. Weeks (Md.) 937.

Where personal property is assigned as col-
lateral security, the assignee can collect the
dividends accruing thereon, accounting to the
53 A.-75

POOR LAWS.

POSSESSION.

See "Adverse Possession."

Of demised premises, see "Landlord and Ten-
ant," § 2.

POST OFFICE.

Privileged communications to postmaster, see
"Witnesses," § 2.

POWERS.

Creation by will, see "Wills," § 11.

PRACTICE.

Procedure of particular courts, see "Courts."
In particular civil actions or proceedings.
See "Assumpsit, Action of"; "Contempt." § 1;
"Divorce," § 2; "Ejectment"; "Habeas Cor
pus," § 2; "Replevin."

Accounting by executor or administrator, see
"Executors and Administrators," § 8.
Condemnation proceedings, see "Eminent Do-
main," § 3.

Particular proceedings in actions.
See "Abatement and Revival"; "Costs";
"Damages," § 3; "Depositions"; "Dismissal
and Nonsuit"; "Evidence"; "Execution";
"Judgment"; "Jury"; "Limitation of Ac-
tions"; "Parties"; "Pleading"; "Process";
"Removal of Causes"; "Stipulations"; "Tri-
al"; "Venue."

Particular remedies in or incident to actions.
See "Arrest," § 1; "Discovery"; "Garnish-
ment"; "Injunction"; "Receivers."

Procedure in criminal prosecutions.
See "Criminal Law"; "Extradition."
Procedure in exercise of special jurisdictions.
In equity, see "Equity."

In insolvency. see "Insolvency."

In justices' courts, see "Justices of the Peace,"
§ 2.

Procedure on review.

See "Appeal and Error"; "Certiorari," § 1;
"Justices of the Peace," § 3; "New Trial."

PREFERENCES.

Effect of proceedings in bankruptcy, see "Bank-
ruptcy," § 2.