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4. SUCH A WAREHOUSE IN A PUBLIC RIVER is a public nuisance, because it
obstructs navigation, and may be indicted as such, or abated without in.
dictment by any individual aggrieved by it. Id.
sive use, though enough is left for the accommodation of others. Id.
poration having authority to prevent obstructions in a river within its
the corporation to remove the obstruction. Id.
summary proceedings for its abatement. Id.
floating warehouse constituting an obstruction in a public river, in case
NUNC PRO TUNC.
cial character of all public officers may be established, at least prima
this rule. Id.
tortious acts, done under color of the latter's authority. Couraine v.
ranty at the election of the party, but a condition entire, the breach of
2. IN EJECTMENT TO AVOID A PARTITION, a defendant who is at the same
time heir of one of the original tenants in common, and widow of the
from defending, because of her character of tenant. Id.
the children and their father's co-tenant, and then between the children
the common land upon which he is carrying on the farming business in
property. Mumford v. McKay, 34.
partnership property after the partnership debts and the claims of the
copartner are satisfied. I.
where the latter sells the whole of the joint property, unless the defend.
burden of doing so rests upon him. I.
mon in land. Baker v. Wheeler, 66.
verted into logs. Id.
printing of the book by one of them in a particular manner, and the ex.
growing out of the contract. Gould v. Banks, 91.
survivors may give a preference with the consent of the personal repre-
sentative of the decedent. Egberts v. Wood, 236.
ship, may, against the consent of his copartners, assign the partnership
a preference is created, quære. Il.
bers, is to vest the legal title to the choses in action and the debts in the
surviving partners as joint tenants under the law merchant. II.
partnership funds for the settlement of the partnership concerns, and
of the decedent and the survivor. Id.
ship effects shall be applied to the debts of the firm. Id.
as to what debts shall be paid first, where the partnership funds are in.
sufficient to pay the whole. Id.
vivor can, without the co-survivor's consent, assign the whole interest in
the partnership effects to trustees for the benefit of preferred creditors
sidered a trust fund for the payment of the partnership debts. Id.
of them afterwards, may appropriate the partnership funds to the pay.
ment of one creditor in preference to another. Id.
transfers to the assignee that partner's interest, and makes the assignee
a tenant in common with the other surviving partner. Id.
the partnership effects, and the separate creditors of the individual part-
See COMMON CARRIERS, 7; CORPORATIONS, 3.
to all. Sherwood v. Collier, 264.
where, for the purpose of keeping the joint security alive, he takes an
assignment in the name of a stranger. ld.
self. Craig v. Craig, 390.
has paid the whole. Id.
count, is a bar to an action on the account, whether the note is paid or
not. Hutchins v. Oleutt, 634.
own agreement, and can not sue for his original debt, if there was no
fraud or deception in giving the note. Id.
returned “ Received payment by note,” such receipt is prima facie evj.
See LIENS, 2, 3, 4.
lute right of property, but simply entitles him to the use of the pew,
Church v. Witherell, 213.
circumstances, if he is improperly disturbed in his right to the use of
PLEADING AND PRACTICE.
petent authority where the general issue is pleaded. Welland Canal Co.
v. Hathaway, 51.
that necessary parties are omitted, it can be taken advantage of only by
v. Smith, 212.
apparent from the bill itself that there are other persons who ought to
complainants have similar interests, and seek the same redress for a com-
mon injury. Id.
same transaction, although their interest is not joint, even the defendant
subjected to the trouble and expense of but one litigation. Id.
CHARTER, is not sufficient to support a general demurrer to the whole
the discovery of particular facts. Id.
against the directors of an incorporated company for fraud and misman.
the costs of the demurrer; but the complainants were permitted to
mon interest, and are entitled to share in a fund insufficient to pay all in
be so stated in the bill. Egberts v. Wood, 236.
is error. Whitehill v. Wilson, 326.
case in an action for contribution among obligors, where the joint indebt-
edness has been disputed. Craig v. Craig, 390.
against whom a judgment has been taken on motion and without notice,
v. Hull, 625.
ducted from the judgment. Id.
which a court pronounced judgment upon the question of the compe.
Am. Deo. VOL. XXIV-52
tency of evidence, is the proper mode of presenting to an appellate
be taken advantage of by plea in abatement. Jones v. Pitcher, 716.
actions ex contractu must have been joint. Id.
sequent to that in which the order was made, is proper in a case where
the clerk. Davis v. Hooper, 751.
a breach of the condition of the bond, though neither the fact nor
suit. Governor v. White, 763.
the words of the covenant therein. Id.
leged of the other either a performance, an offer of performance, or a
readiness to perform. Custleberry v. Pierce, 774.
cuted by all; but in matters of public concern a majority may act if all
as to bar any action for the injury to the land. Mills v. Hall, 160.
PRINCIPAL AND AGENT.
PRINCIPAL AND SURETY.
v. Smith, 616.
ble ground for belief at the time of acting. Statements made by third
See Malicious PROSECUTION.