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except to the keeper of an inn, tavern, or hotel. 8 The charging in execution of one of several
200 judgment debtors will not impair the creditor's
remedies against the others.
See ATTACHMENT, 3; EXECUTORS, 1;
JUDGMENTS, 8; MECHANICS' LIENS; PART-
NERSHIP, 5; STAY OF PROCEEDINGS, 2.
as for a contempt for not paying over moneys
interested in the estate ; the proper remedy is
1337, 10, 20, 32, 36 ; Wills, 13.
See EVIDENCE, 21, 22, 23.
See HABEAS CORPUS, 2, 3, 4.
Id. had jurisdiction of the party and subject-mat-
commit for twenty-four hours, during which
the right to give bail continued, and that he
could not be considered a trespasser ab initio
496 1 To constitute the crime of obtaining prop-
erty by false pretences, it is a necessary ele-
ment to establish a false representation as to
a past or existing fact. Lesser v. T'he People.
578 | knowing or having cause to know that his
statement is untrue, and with intent to de pressed, or the policy be void, a vendor's lien
6 Although statements in an application are
valid agreement that they shall be considered
7 One of several cestuis que trust may insure
his interest in the trust property in the name
of the trustee, but loss, if any, payable to him.'
self, and in case of loss receive the entire pro-
355 / 8 Where the owners of whiskey in a distiller's
bonded warehouse are sureties on the, distil-
ler's bond, their liability for the government
tax in case of the destruction of the property
and failure of the distiller to pay is an insur-
al. v. Thompson et al.
10 The appointment of a receiver in an action
to dissolve a partnership does not change the
any change takes place in the title or posses-
process or judicial decree, &c., then it should
be void, only a change in the legal title will
that it is occupied as such. Browning v. The
which is never brought to the knowledge of 13 An executory contract of sale of the prem-
15 The continuing of the use of a planer in a
16 Whether temporary absence is such a cessa-
tion of occupation as to avoid a policy of in-
Vol. 5.-No. 27
17 Where four policies of insurance, similar in cause of action against defendant for the every respect, except dates and amounts, and amount so paid. Stephens y. Board of Educacovering the same property, were issued by tion. the same insurance company, and proofs of the loss was made under one policy with notice 3 Semble, That the same principle is applica. that they applied to all. * Held, That such ble in such case to either money or chattels. proofs were sufficient, especially as they had
Id. been held by the company without objection for nearly thirty days, and the company had 4 Where a person has by fraud induced anoffered to pay a much larger amount than
other to execute an instrument, equity may that of any one policy. Důkin v. The Liver- sustain an action to compel the surrender of pool, L. and G. İns. Co.
it although no actual money-damage bas been sustained. Rannoy v. Warren.
543 18 Where a policy insures two or more persons, as interest may appear," one of them being
See ARREST, 5, 6; BANKRUPTCY, 15, 17; & mortgagee and the others owners, but it is CONSPIRACY; CONTRACT, 27; DEEDS, 1, 2; not so stated, the policy is not therefore ren
PARTNERSHIP, 8; SALES, 3. dered void,
ld. 19 Where the total loss was made payable to
GAMING CONTRACTS. plaintiff as mortgagee, but one of the insured
See CONTRACT, 5. was equitably entitled to a part thereof; and the plaintiff's complaint was not for the full
GIFT. amount, but only for the actual amount of his claim. Held, That plaintiff might amend so as
1 Whether there is an acceptance of a gift or to claim the full amount of the loss, notwith- not depends upon all the circumstances antestanding the other party had also brought suit rior and subsequent, and when these circumto recover the amount claimed by him. Id. stances have been considered by the auditor,
to whom the matter has been referred, and by See SUBROGATION, 2, 3.
the surrogate, and have led them to the con
clusion that there was an acceptance, their FORECLOSURE.
conclusions will not be disturbed where there See MORTGAGE, 2, 7, 11, 12, 15, 16, 24, 32. is evidence on which they might arrive at such
decision. Child et al., exrs., v. Child. 16 FORFEITURE.
2 A delivery by a father to his sons of checks See CORPORATIONS, 14.
payable after his death, accompanied by pass. books on the savings banks where his money
was deposited, is not a valid gift of the moneys FORGERY.
in such banks. Curry et al. v. Pouers. 93 1 Where evidence, otherwise unimportant, 3 By direction of the father, one of the sons was clearly inadmissible, and the Court was
took the pass-books and deposited them in a satisfied that it was introduced for a purpose place of safety, subject to his father's call. other than the one stated, and for which its hdd, That there is no such delivery or agreeadmission would be improper, the verdict was ment as would sustain the transaction in set aside for error. Cole v. Cole, exr. 452 equity as a declaration of trust or as gifts by 2 This principle applied to a case in which the appropriation or appointment for use of doissue was whether a note was forged. Other
ld. notes of the maker were introduced, as al. 4 Under the law applicable to gifts causa mor. leged, solely on the question of the feeling tis, the title to non-negotiable choses in action existing between the parties at a certain time. By their introduction and submission to the
will pass by delivery only. Cornell et al., tars., v. Cornell.
388 jury the latter were enabled to make a comparison of hands. Held, Error,
ld. 5 In an action involving the validity of a gift, See EVIDENCE, 31.
to which the executor of the donor is a party, evidence of conversations between the donor
and witnesses, one of whom is the donee and FRAUD.
another the residuary legatee, is inadmissible. 1 Where the grantees in a fraudulent convey.
Id. ance accept the same with the fraudulent in
See ADVANCEMENTS, 1; EVIDENCE, 17. tent and design to defraud creditors, they are particeps criminis, and can claim nothing
GUARANTY. under it; nor will payment of full value proteot such fraudulent grantee. The Union
See NEGOTIABLE PAPER, 11. Nat. Bk. v. Warner et al.
GUARDIAN AND WARD. 2 Where an agent and member of defendant fraudulently and by crime obtained money of 1 The mother, who was also general guardian plaintiff and paid it to defendant on a prece- of a minor, paid over to her husband, his dent debt. Held, That plaintiff had a good stepfather, a pension to which the minor was
entitled, for his support. Held, That such 3 Such conveyances will be supported in payment was valid under the circumstances. equity only during the joint lives of husband Hill v. Hanford. 273 and wife.
Id. See ANTE-NUPTIAL CONTRACT; DIVORCE, HABEAS CORPUS.
10. 1 In case of the writ of habeas corpus, which is
INDICTMENT. a special proceeding, costs may be allowed in 1 A description in an indictment of a bank, the discretion of the Court, but embrace only not a corporation, as the “Geo. Washington the items for proceedings after petition and Bank," when it was properly the “George before trial, and for trial and disbursements. Washington Bank,” is not fatal. Patterson v. Matter of Barnett.
300 2 A Court of Oyer and Terminer has no power 2 A statute extending the time for the finding to issue a writ of habeas corpus in the case of and filing of indictments for bribery, &c., from a person held in custody by virtue of a war
three to five years, passed after the commis. rant of extradition. The People ex rel. Con
sion of the offence, is an ex post facto law, and nors v. Reilley.
an indictment found under it cannot be suis
tained. 3 Such a person is not a "prisoner detained
The People v. Lord.
302 in the common jail of any such county, upon 3 It is no objection to an indictment that two any criminal charge,” within the meaning of
or more offences of the same nature, upon sec. 27, ch. 460, Laws of 1847.
which the same or a similar judgment may be 4 Where a writ of habeas corpus has been is given, are charged in different counts. Taylor sued in such a case by an officer having au
v. The People.
359 thority so to do, the warrant of the Governor
See ARSON, 1; NUISANCE, 1; RAILROAD is not conclusive, but such officer may go behind such warrant and determine whether any
See NEGOTIABLE PAPER, 10, 11, 12, 13, 15,
INJUNCTION. 1 Individuals cannot by obstructing a public 1 An irregularity in obtaining an injunction highway work an abandonment of it. can be done by the public only. Hood v. Smith against a corporation is not waived by an apet al.
117 plication to dissolve the injunction. Wilkie v. The Roch. & St. L. RR.
352 2 A person whose rights are injured by such obstructions is entitled to equitable relief with: / 2 The provisions of an injunction to restrain a out first bringing an action of trespass and RR. Co. from operating its road over land establishing his legal right by judgment.
Id. adjudged to belong to the party obtaining it
was suspended for ninety days to enable the 3 A highway cannot be said to be opened and RR. Co. to perfect its title. Held, To be satisworked unless it is passable for its entire fied if within that time the necessary proceedlength. Beckwith et al. v. Whalen. 286 ings are commenced.
The Washinyton Ceme
tery v. The P. P. & C. 1. RR. Co. 395 4 Referees appointed by a county judge to hear an appeal from an order of the commissioner 3 The plaintiffs were second mortgagees and of highways have only the power to consider their mortgage became due presently. The and determine whether the highway, as pro mortgaged premises were an insufficient seposed by the commissioner to be laid out or curity, and the defendant, the mortgagor, was altered, is Lecessary and proper. Rector v.
insolvent. The first mortgage was unpaid. Clark et al.
355 | A portion of the mortgaged premises was
valuable wood land, from which the defendant See BRIDGES, 4; NUISANCE, 1, 2; RAIL- was cutting and had cut large quantities of ROAD COMPANIES, 14, 15.
wood. The Court sustained an injunction restraining the defendant from further cutting
and also from removing timber already cut by HUSBAND AND WIFE.
him. Herman et al., exrs., v. Stewart et al. 408 1 A tract of land was conveyed to a husband 4 Parties to an action and their servants and and wife. He deeded his interest to her, she agents may be enjoined. If a person enjoined giving back to him a mortgage. Held, That is in fact å mere servant or agent, it does not the deed and mortgage were void. Daly's vitiate the injunction to name him in it. Faradmrs. v. Wright et al. 229 rington v. Birdsall et al.
421 2 The wife's interest ander such a conveyance 5 The parties in interest may, in a Court of is in no sense her separate estato. Id. | Equity, test the right of a petitioner to prose
cute proceedings in a Surrogate's Court, and the expiration of the two years, and an allow-
Beers v. Shannon.
See ASSESSMENTS, 12; WILLS, 28.
See DEEDS, 22.
507 1 In the absence of actual fraud, a judgment
obtained by offer of compromise, under 385
of the Code of Procedure, will not be held
ment of indebtedness, is sufficient to sustain
a judgment by confession entered thereon.
4 A judgment obtained before the judgment
debtor has been granted a discharge of bank-
discharge. American Exchange Bk. v. Bran-
5 Section 1268 of the Code of Civil Procedure
6 A judgment concludes the parties only as
to the grounds covered by it, and the facts
7 Section 1271 of the Code, providing for the
States Courts by County Clerks, refers only to
kins v. Purcell.
235 | 8 An execution cannot be issued on such
ld. ITOR'S BILL, 4; MORTGAGE, 9, 31; REPLE-
eral jurisdiction of a sister State, the want of
dence, and the recital of a jurisdictional fact
2 The Supreme Court has concurrent jurisdic-
tion with the Surrogate to enforce the pay.
ment of legacies. Lewis et al. v. Maloney. 358
3 The amendment of 1874 to the Bankrupt