398 (Mass.) Finding failure to file com- | ~417(7) (Ind.App.) Weight of evidence in
pensation claim within six months excusable compensation case for Industrial Board.-Wilk-
held warranted.-Moore's Case, 143 N. E. 899. erson v. Wood, 143 N. E. 166.
Finding compensation claim filed within rea-417 (7) (Ind.App.) Reviewing court may
sonable time held not erroneous.-Id.
not weigh evidence in compensation case.-J.,
H. Hardin Co. v. Crowe, 143 N. E. 710.
~417(7) (Mass.) Findings affirmed by In-
dustrial Accident Board conclusive if support-
ed by any evidence.-Sinclair's Case, 143 N. E.
330.

401 (11.) Rules of pleading inapplicable to
Industrial Commission.-Gould Const. Co. v.
Industrial Commission, 143 N. E. 73.

403 (III.) Burden on compensation claim-
ant to show disability resulted from injury.
-Tazewell Coal Co. v. Industrial Commission, 418 (1) (Ohio) Court of common pleas
143 N. E. 406.
judgment under Compensation Act reviewable
404 (III.) Rules of evidence prevailing in on error in Court of Appeals.-Piascik v. In-
common-law actions applicable in compensation dustrial Commission of Ohio, 143 N. E. 533.
proceedings. Kivish v. Industrial Commission, 418(5) (Ohio) Scope of review by Court
143 N. E. 860.
of Appeals in compensation case stated.-Pia-
405(1) (III.) Evidence in compensation scik v. Industrial Commission of Ohio, 143 N.
case held to show injury resulted in disability. E. 533.
Tazewell Coal Co. v. Industrial Commis-418(6) (N.Y.) Relation question of law in
sion, 143 N. E. 406.
compensation case presenting no conflict of
405 (3) (Ind.App.) Finding employer ac- evidence.-Beach v. Velzy, 143 N. E. 805.
cepted cancellation of compensation insurance
sustained.-Talge Mahogany Co. v. Burrows,
143 N. E. 692.

~405 (4) (III.) Evidence in compensation case
held to show miners were killed in room as-
signed to them.-Peabody Coal Co. v. Industrial
Commission, 143 N. E. 90.

405(4) (II.) Evidence in compensation
case held insufficient to connect fainting spells
with accident.-Tazewell Coal Co. v. Industrial
Commission, 143 N. E. 406.

405(4) (I.) Evidence in compensation
case held to show injuries caused death from
pneumonia.-Kivish v. Industrial Commission,
143 N. E. 860.

405(4) (Ind.App.) Evidence in compensa-
tion case held to show lifting caused hemorr-
hage in eye.-J. H. Hardin Co. v. Crowe, 143
N. E. 710.

405 (4) (Mass.) Finding that injury caused
death sustained.-Sinclair's Case, 143 N. E.
330.

405 (5) (III.) Evidence held insufficient to
establish dependency of father entitling him to
compensation.-Wedron Silica Co. v. Industrial
Commission, 143 N. E. 398.

MECHANICS' LIENS.

II. RIGHT TO LIEN.

15 (Ind.App.) Action equitable in nature.—
Gifford v. Wilcox, 143 N. E. 368.

19(4) (Ind.) Interest at statutory rate on
sum ordered held in bank by defendant at in-
terest held not recoverable.-Wayne Sewer &
Drain Co. v. Ward-Cowan Const. Co., 143 N.
E. 290.
MORTGAGES.

405 (6) (Ill.) Lump sum compensation to
mother without evidence of total dependency See Chattel Mortgages.
unauthorized.-Fortner v. Industrial Commis-
sion, 143 N. E. 845.

1. REQUISITES AND VALIDITY.
(A) Nature and Essentials of Convey-
⚫ances as Security.

414 (III.) Timely filing of stenographic re-
port essential to review by Commission of arbi-
trator's award.-Gould Const. Co. v. Industrial 25(6) (III.) Consideration for notes secured
Commission, 143 N. E. 73.
by trust deed presumed valid.-Higgins v. Chi-
cago Title & Trust Co., 143 N. E. 482.

(D) Validity.

Lack of jurisdiction of Commission to review
arbitrator's award may be waived.-Id.
Delay in filing stenographic report held to de-
prive Commission of jurisdiction to review ar-86(1) (III.) Relation of broker and client
Objection to jurisdiction of Commission to not fiduciary as to trust deed by client to bro-
review arbitrator's award not waived by resist-ker. Higgins v. Chicago Title & Trust Co.,
ing claim on merits.-Id.

bitrator's award.-Id.

143 N. E. 482.

Provision for trial de novo before Commis-86(3), (III.) Evidence held not to show that
sion, where transcript of proceedings not fur- grantors in trust deed did not have mental ca-
pacity to execute it.-Higgins v. Chicago Title
nished, held inapplicable.-Id.
"Trial de novo" held not had before Commis- & Trust Co., 143 N. E. 482.
sion in proceedings to review arbitrator's
award.-Id.

415 (1) Stenographic report of proceed-
ings before arbitrator not competent evidence
on trial de novo before Commission.-Gould
Const. Co. v. Industrial Commission, 143 N.
E. 73.

Evidence of fiduciary relation between gran-
tor and grantee of trust deed held insufficient

to show undue influence.-Id.

Evidence held insufficient to sustain claim of

fraud justifying cancellation of trust deed.-Id.

V. ASSIGNMENT OF MORTGAGE OR DEBT.

415 (I.) Incompetent evidence received 269 (Mass.) Bank obtaining loan on repre-
without objection in compensation proceeding sentation that mortgage assigned was outstand-
considered.-Kivish v. Industrial Commission, ing, estopped to claim contrary.-Commissioner
143 N. E. 860.
of Banks of Commonwealth v. Weisberg, 143
N. E. 910.

416 (III.) Objection to jurisdiction of In-
dustrial Commission not waived by participat-
ing in hearing on merits.-Gould Const. Co. v.
Industrial Commission, 143 N. E. 73.

X. FORECLOSURE BY ACTION.

417(7) (Ill.) Industrial Commission's find- (L) Disposition of Proceeds and Surplus.
ing on question of fact conclusive unless mani-565 (Ind.App.) Third mortgagee held enti-
festly against weight of evidence.-Peabody tled to residue after satisfaction of second
Coal Co. v. Industrial Commission, 143 N. E. mortgage, in preference to executions against
90.
mortgagor.-Shue v. Chizum, 143 N. E. 373.

(

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

XI. REDEMPTION.

442 (Ohio) Covenant perpetually exempt-
592 (III.) Statute held valid; of laws.- ing real estate from special assessments held
ultra vires.-City of Cleveland v. Edwards, 143
Ryan v. Allen, 143 N. E. 852.
N. E. 181.

MUNICIPAL CORPORATIONS.

See Counties; Schools and School Districts;
Street Railroads; Towns.

I. CREATION, ALTERATION, EXISTENCE.
AND DISSOLUTION.

(A) Incorporation and Incidents of Ex-
istence.

8 (Ind.) Creation by implication.-Rosen-
cranz v. City of Evansville, 143 N. E. 593.
Creation question of legislative intent.-Id.
III. LEGISLATIVE CONTROL OF MUNICI-
PAL ACTS, RIGHTS, AND
LIABILITIES.

Exemption of realty from special assess-
ments held ultra vires and against public policy.
Id.

456(1) (Ind.App.) City required to assess
costs of each separate local sewer against real
estate abutting thereon and not pro rata of
aggregate cost of all sewers.-Southern Ry. Co.
of Indiana v. City of Huntingburg, 143 N. E.
294.

488, 489 (4) (Ind.App.) Owners held not
estopped from denying validity of assessments.
-Southern Ry. Co. of Indiana v. City of Hunt-
ingburg, 143 N. E. 294.

488, 489 (8) (Ohio) Failure to file objec-
tion to assessment waives right to question it.
-City of Cuyahoga Falls v. Beck, 143 N. E.
661.

76 (III.) Curative act validating taxes held 513 (3) (Ind.App.) Statutory provision for
unconstitutional.-People v. Chicago & N. W.
Ry. Co., 143 N. E. 460.

reassessment held not to preclude action for
relief against invalid assessments.--Southern
Ry. Co. of Indiana v. City of Huntingburg, 143
N. E. 294.

513(4) (Ind.App.) Tender not essential to
right of action to cancel invalid assessments.
-Southern Ry. Co. of Indiana v. City of Hunt-
ingburg, 143 N. E. 294.

IV. PROCEEDINGS OF COUNCIL OR
OTHER GOVERNING BODY.
(B) Ordinances and By-Laws in General.
117 (Mass.) Vote of board of health au-
thorizing violation of ordinance void.-Kelley
v. Board of Health of Peabody, 143 N. E. 39.513(5) (Ind.App.) Assessments not can-
117 (Mass.) Officer without authority to
suspend ordinance.-Boyd v. Ellison, 143 N.

E. 41.

V. OFFICERS, AGENTS,, AND EMPLOYÉS.
(B) Municipal Departments and Officers
Thereof.

184(2) (Mass.) Certication of name for
appointment to police service after eligibility
expired unauthorized.-Brattin v. Commission-
er of Civil Service, 143 N. E. 822.

200 (Mass.) Member of fire department held
not entitled to recover from Firemen's Relief
Fund for disability before resuming duty after
discharge from army.-Rose v. Boston Fire-
men's Relief Fund, 143 N. E. 505.

celed for insufficiency of preliminary resolution
and notice, at instance of owners who did not
seasonably object.-Southern Ry. Co. of Indi-
ana v. City of Huntingburg, 143 N. E. 294.
owner held
513(6) (Ind.App.) Abutting
not entitled to bring action on behalf of other
owners to cancel assessments for sewers.-
Southern Ry. Co. of Indiana v. City of Hunt-
ingburg, 143 N. E. 294.

of assess-
514(1) (Ind.App.) Invalidity
ments for council's failure to determine wheth-
er districts are properly bounded does not re-
lieve owners of liability.-Southern Ry. Co. of
Indiana v. City of Huntingburg, 143 N. E. 294.

XI. USE AND REGULATION OF PUBLIC
PLACES, PROPERTY, AND WORKS.
(C) Agents and Employés.
(A) Streets and Other Public Ways.
214(5) (Ind.App.) Delegation of power to 705(10) (Mass.) Coasting on street con-
committee of common council to hire super- trary to ordinance bar to recovery for inju-
intendent of public works held unauthorized.ries in collision with automobile.-Boyd v. El-
Stewart v. City of Goshen, 143 N. E. 301.
lison, 143 N. E. 41.

220(1) (Ind.App.) Committee of common
council has no power to fix compensation of
superintendent of public works. Stewart v.
City of Goshen, 143 N. E. 301.

220(2) (N.Y.) Wireman, subject to call at
any time, not within statute requiring wages of
not less than prevailing rate.-McNulty v. City
of New York, 143 N. E. 781.

Fixing compensation does not preclude em-
ployee from claiming it is lower than statute
permits. Id.

VI. PROPERTY.

(C) Defects or Obstructions in Streets
and Other Public Ways.

225(1) (N.Y.) New York City charter con-
cerning grants of land under water construed.809(2) (Mass.) Leaving
-City of New York v. Delaware, L. & W. R.
Co., 143 N. E. 234.

manhole open
without guard sufficient to sustain finding of
negligence on part of contractor.-McGinley v.
Edison Electric Illuminating Co., 143 N. E.
537.

821 (6) (Mass.) Whether stone in walk con-
stituted defect which should have been discov-
ered held for jury.-Hamlet v. Town of Water-
town, 143 N. E. 494.

425(1) (Ohio) Assessment of street rail-
way franchise for sewer held unauthorized.-821 (18) (Mass.) Negligence in leaving
Ohio Electric Ry. Co. v. City of Greenville,
143 N. E. 193.

Street railway franchise and property held
not "lots or lands" within special assessment
statute.-Id.

manhole open, held for jury.-McGinley v. Edi-
son Electric Illuminating Co., 143 N. E. 537.
821 (20) (Mass.) Negligence of pedestrian
falling on walk held for jury.-Hamlet v.
Town of Watertown, 143 N. E. 494.
425(3) (Ind.App.) Railroad property sub-821(21) (Mass.) Contributory negligence
ject to assessment for sewers.-Southern Ry. of child falling into manhole, held for jury.-
Co. of Indiana v. City of Huntingburg, 143 N. McGinley v. Edison Electric Illuminating Co.,
E. 294.
143 N. E. 537.

XIII. FISCAL MANAGEMENT, PUBLIC (C) Condition and Use of Land, Build£ags,
DEBT, SECURITIES, AND TAXATION.
(C) Bonds and Other Securities, and Sink-
ing Funds.

Abstract compiled from journal of board of
sinking fund commissioners by comptroller pub-68 (Ind.App.) Quantum of care required is
lished in City Record.-Id.

Statute held not to give court jurisdiction to See Bills and Notes.
restrain violation of ordinances on petition of
taxable inhabitant.-Id.

999 (Ind.) Rule as to taxpayers' right to
sue for corporation stated.-Pipe Creek School See Criminal Law,
Tp. v. Wagler, 143 N. E. 514.

37(5) (N.Y.) State's right of re-entry for
breach of condition subsequent held not an es-
tate passing by grant to city.-People v. Wain-157 (Mass.) Judge not bound after hearing
wright, 143 N. E. 236.
to consider requests for rulings of law upon
motion for new trial.-M. McDonough Co. v.
Lennox, 143 N. E. 346.

163(1) (Mass.) Indorsement by judge al-
See Master and Servant, 121-317; Mu-lowing motion for new trial held sufficient.-
nicipal Corporations, 809-821; Railroads, Carver-Beaver Yarn Co. v. Wolfson, 143 N.
312-351; Street Railroads, 86-119. E. 919.

tional Iron & Steel Co. v. Hunt, 143 N. E. 833. See Bills and Notes.

Expert inspectors of construction materials
held to owe no duty to subsequent purchaser.
-Id.

222 (Mass.) Host only liable for gross 5 (Ind.) Transporting of oil may become
negligence in driving.-Shriear v. Feigelson, unlawful.-Indiana Pipe Line Co. v. Christensen,
143 N. E. 307.

For cases in Dec.Dig. & Am,Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

17(6) (N.Y.) Guilty intent presumed from
neglect to support, and crime continues during
neglect.-People ex rel. Gottschalk v. Brown,
143 N. E. 653.

22 (III.) Verbal agreement may be bar to
partition.-Schmidt v Schmidt, 143 N. E. 75.
Facts held immaterial on question of validity
of agreement not to partition.-Id.

32 (111) Purchaser under land contract and
assignee of half interest held tenants in com-
mon, either of whom was entitled to partition.
-Mahler v. Staack, 143 N. E. 79.

(B) Proceedings and Relief.

63 (3) (H.) Evidence held to show that
plaintiff agreed not to ask for partition.-
Schmidt v. Schmidt, 143 N. E. 75.

I. THE RELATION.

(B) As to Third Persons.

34 (Ind.App.) Right to insist on another's
duty to speak, failure in which constituted es-
toppel to deny partnership, held not establish-
ed. Wilkerson v. Wood, 143 N. E. 166.

37 (Ind.App.) Reliance on facts constitut-
ing alleged estoppel to deny partnership held
insufficiently shown to warrant insistence there-
on.-Wilkerson v. Wood, 143 N. E. 166.

55 (Ind.App.) Evidence held insufficient to
establish partnership between baseball club and
interested townspeople.-Wilkerson v. Wood,

4(5) (III.) Devise held not void under rule 194(5) (Ind.) Demurrer to answer para-
State Sav. graphs denying facts but presenting no issu-
against perpetuities.-Carlberg v.
able facts properly sustained.-Indian Refining
Bank & Trust Co. of Moline, 143 N. E. 441.
4(15) (N.Y.) Trust sustained except as to Co. v. Taylor, 143 N. E. 682.
part constituting illegal suspension of owner-201 (Ind.) Court may sustain demurrer to
ship. In re Horner's Will, 143 N. E. 655.
What might have happened since testator's
death considered in determining validity of tes-
tamentary trust.-Id.

9(4) (III.) Provision directing trustee to
accumulate income held not void under statute
State
restraining accumulations.-Carlberg v
Sav. Bank & Trust Co. of Moline, 143 N. E.
441.

See Equity,

PLEADING.

195.

For pleadings in particular actions or proceed-
ings, see also the various specific topics.
For review of rulings relating to pleadings, see
Appeal and Error.

I. FORM AND ALLEGATIONS IN GENERAL.
2 (Ind.App.) Code intended to eliminate
hardships and hazards of litigation.-Chicago,
T. H. & S. E. R. Co. v. Collins, 143 N. E. 712.
8(19) (Ind.) Complaint stating conclusion
held to disclose relation of carrier and pas-
v.
senger.-Union Traction Co. of Indiana
Alstadt, 143 N. E. 879.

18 (Ind.) Unnecessary to show why speed
of 60 miles per hour was negligent when speed
merely incidental.-Baltimore & O. S. W. R.
Co. v. Berdon, 143 N. E. 677.

pleading because of defect not specified in mem-
orandum filed therewith.-Washington Hotel
Realty Co. v. Bedford Stone & Construction
Co., 143 N. E. 156.

214(1) (Ind.App.) Allegations accepted_as
true on demurrer.-Southern Ry. Co. of In-
diana v. City of Huntingburg, 143 N. E. 294.

214(5) (Ind.) Facts shown by conclusions
and participial expressions given effect as
showing relation of carrier and passenger.
Union Traction Co. of Indiana v. Alstadt, 143
N. E. 879.

VI. AMENDED AND SUPPLEMENTAL
PLEADINGS AND REPLEADER.

276 (Ind.) Allowance of supplemental
pleadings showing facts occurring after origi-
nal discretionary.-Indiana Pipe Line Co. v.
Christensen, 143 N. E. 596.

276 (Ind.App.) Permitting supplemental
complaint discretionary with trial judge.-Carr
V. Besse, 143 N. E. 639.

279 (3) (Ind.App.) Refusing leave to file
supplemental complaint held without error.-
Carr v. Besse, 143 N. E. 639.

279 (4) (Ind.App.) Different cause of ac-
tion not brought into case by supplemental
complaint.-Carr v. Besse, 143 N. E. 639.

VIII. PROFERT, OYER, AND EXHIBITS.

34(1) (Ind.App.) Presumed that pleader
states facts as he understands them.-Chicago,309 (Ind.App.) On averring written war-
T. H. & S. E. R. Co. v. Collins, 143 N. 712.
Facts alleged in complaint not conclusive
until confessed by adverse party or tested in

"trial."-Id.

II. DECLARATION,

COMPLAINT, PETI-
TION, OR STATEMENT.

ranty is in hands of defendant seller, buyer not
required to file with complaint copy of written
warranty.-Avery Co. v. Herriot-Carithers Co.,
143 N. E. 304.

Overruling motion to make paragraph of
complaint more specific by filing printed forms
and blanks held proper.-Id.

49 (Ind.) Theory determined by leading and 310 (Ind.App.) Exhibits referred to in and
most apparent facts.-Indiana Pipe Line Co. v.
Christensen, 143 N. E. 596.

filed with complaints not a part thereof.-
Southern Ry. Co. of Indiana v. City of Hunt-

49 (Ind.App.) "Theory of complaint" de-
fined.-Chicago, T. H. & S. E. R. Co. v. Col-ingburg, 143 N. E. 294.
lins, 143 N. E. 712.

III. PLEA OR ANSWER, CROSS-COM-
PLAINT, AND AFFIDAVIT OF

DEFENSE.

(B) Dilatory Pleas and Matter in Abate-
ment.

108 (Ind.App.) Plea raising question of ju-
risdiction over action for injuries to employee
held properly overruled.-Ideal Laundry & Dry
Cleaning Co. v. Mackowiak, 143 N. E. 614.

(C) Traverses or Denials and Admissions.

114 (Ind.) General denial to answer_para-
graphs held to raise no issue of fact.-Indian
Refining Co. v. Taylor, 143 N. E. 682.

(E) Set-Off, Counterclaim, and Cross-Com-
plaint.

XI. MOTIONS.

367 (4) (Ind.) Allegation as to duty of
trainmen sufficiently specific.-Baltimore & O.
S. W. R. Co. v. Berdon, 143 N. E. 677.

367(6) (Ind.App.) Where joint motion as
to one paragraph of complaint was not well
taken, overruling motion as to other paragraph
held not error.-Avery Co. v. Herriot-Carithers
Co., 143 N. E. 304.

XIII. DEFECTS AND OBJECTIONS, WAIV-
ER, AND AIDER BY VERDICT
OR JUDGMENT.

406 (5) (Ind.App.) Alleged insufficiency of
a complaint, not successfully raised by mo-
tion to make more specific, cannot be raised by
demurrer.-Avery Co. v. Herriot-Carithers Co.,
143 N. E. 304.

Averment held sufficient to state proper test
of machinery had been made, in absence of mo-
tion to make more specific.-Id.

146 (Ind.) "Counterclaim" may be plead-
ed as answer, but must allege facts sufficient
to constitute cause of action in favor of defend-
ant.-Washington Hotel Realty Co. v. Bedford
POLICE POWER.
Stone & Construction Co., 143 N. E. 156.
Counterclaim based on numerous items each See Constitutional Law, 81.
constituting a separate breach of contract was
properly embraced in one paragraph.-Id.

V. DEMURRER OR EXCEPTION.
192(3) (Ind.) Demurrer to answer para-
graphs pleading conclusions but presenting_no
issuable facts properly sustained.-Indian Re-
fining Co. v. Taylor, 143 N. E. 682.

PRACTICE.

For practice in particular actions and proceed-
ings, see the various specific topics.

PRESCRIPTION.

192(3) (Ind.App.) Alleged insufficiency of See Adverse Possession; Limitation of Actions.
a complaint, not successfully raised by motion
to make more specific, cannot be raised by de-
murrer.-Avery Co. v. Herriot-Carithers Co.,
143 N. E. 304.

PRINCIPAL AND AGENT.

See Attorney and Client; Brokers.