receive capital stock held to waive their right to insist on stock of a specified par value.-Gay v. Burgess Mills (R. I.) 714. § 474. Corporate bonds held negotiable instruments giving the holder a right to sue, and a pledgee is not required to sell them and apply the proceeds to the debt, but may sue thereon. -Stegmaier v. Keystone Coal Co. (Pa.) 58. (E) Torts. Particular classes of corporations or associations. See Carriers, §§ 105, 117, 123, 155-163, 177185, 209, 296-305; Railroads, $$ 282, 305350, 359-400, 454-485; Street Railroads, §§ 74-118. Gas companies, see Gas, § 20. (F) Civil Actions. Effect of service of garnishment summons, see Garnishment of corporation for stock belonging In proceedings for attachment of corporate stock, see Attachment, § 165. By or against particular classes of corporations or associations. § 559. The appointment of a receiver for an insolvent corporation did not ipso facto dissolve it.-Butler v. Beach (Conn.) 748. § 559. Appointment of a receiver for an insolvent corporation held not to prevent a transfer of its stock nor meetings and action of shareholders not inconsistent with the receivership.-Butler v. Beach (Conn.) 748. $560. A receiver of a corporation held subject to the corporation's absolute liability to permit a redemption of preferred stock in goods purchased from the corporation.-Butler v. Beach (Conn.) 748. $566. A resolution of a corporation declaring a dividend on the outstanding stock held not to give stockholders participating in the dividend a right, on winding up the corporation, to appropriate part of the assets before the first-mortgage bondholders were paid in full. -Gay v. Burgess Mills (R. I.) 714. IX. REINCORPORATION AND REOR GANIZATION. Compelling exchange of receivers' certificates for bonds of reorganized corporation, see Receivers, 127. OF FRANCHISE. See Carriers, §§ 105. 185. 347: Railroads, §§ XI. DISSOLUTION AND FORFEITURE 282, 348, 350, 397, 400, 480-485; Railroads, §§ 57, 112-118. Gas companies, see Gas, § 20. Street § 509. In garnishment proceedings in which a corporation is made garnishee, the summons must be served personally upon those officers designated by statute.-Fowler v. Dickson (Del. Super.) 601. VIII. INSOLVENCY AND RECEIVERS. § 542. That a corporation was insolvent when a request that it should redeem certain preferred stock was made in accordance with the requirements of its certificate held no answer to its obligation.-Butler v. Beach (Conn.) 748. § 542. All persons dealing with a corporation are charged with knowledge of a liability disclosed in its certificate.-Butler v. Beach (Conn.) 748. § 550. An assignment by a debtor and an agreement between it and certain creditors held to constitute a single assignment for the benefit of creditors, within Rev. Code 1852, amended to 1893, p. 960, c. 132, § 4.-Brown v. Wilmington & Brandywine Leather Co. (Del. Ch.) 1105. § 550. An assignment by a debtor for the benefit of his creditors held void, under Rev. Code 1852, amended to 1893, p. 960, c. 132, § 4, notwithstanding the lack of any stipulation for the return of any surplus to the debtor.Brown v. Wilmington & Brandywine Leather .Co. (Del. Ch.) 1105. Franchise of water company, see Waters and § 617. A judgment dissolving a corporation could not impair the right of a preferred stockholder to pay for goods purchased of the corporation with the par value of her stock.-Butler v. Beach (Conn.) 748. § 617. Stockholders' meetings to take corporate action cannot be held after extinguishment of the franchise by a judgment of dissolution. Butler v. Beach (Conn.) 748. § 622. Where a stockholder's right to have preferred shares retired and accepted in payment for goods was rendered impossible by dissolution of the corporation, it could be enforced in equity by suit against the corporation's receiver. Butler v. Beach (Conn.) 748. XII. FOREIGN CORPORATIONS. Taxation, see Taxation, § 167. § 641. A foreign corporation which employed a portion of its capital in the state before (P. L. 150), requiring a bonus of one-third of 1 May 8, 1901, is not within Act May 8, 1901 per cent. to be imposed on such capital and on each subsequent increase of capital so employed. Commonwealth v. American Steel Hoop Co. (Pa.) 617. CORRECTION. Of assessment of taxes, see Taxation, §§ 459, 493. § 550. An assignment by a failing debtor of practically all of its property to preferred creditors held void under Rev. Code 1852, amended to 1893, p. 960, c. 132, § 4.-Brown v. Wilmington & Brandywine Leather Co. (Del. Ch.) 1105. $550. Under Rev. Code 1852, amended to 1893, p. 960, c. 132, § 4, an assignment by a debtor in failing circumstances of his property In actions for divorce, see Divorce, § 133. for the benefit of certain creditors held void.Brown v. Wilmington & Brandywine Leather Co. (Del. Ch.) 1105. Of record on appeal or writ of error, see Ap- CORROBORATION. CORRUPTION. § 550. An assignment by a failing corpora- In general, see Fraud. tion held an assignment for the benefit of creditors, within Rev. Code 1852, amended to 1893, p. 960, c. 132, § 4, and not a sale.-Brown v. Wilmington & Brandywine Leather Co. (Del. Ch.) 1105. CO-SERVANTS. See Master and Servant, §§ 177-201. L COSTS. I. CREATION, ALTERATION, EXIST- Expenditures for costs by executor or adminis- 111. I. NATURE, GROUNDS, AND EXTENT 13. Where oratrix revoked submission to arbitration and brought bill of accounting, held a proper exercise of court's discretion to give defendant costs.-Mead v. Owen (Vt.) 1058. § 48. Where defendant does not move to dismiss bill for want of equity before answer filed, he is liable for the costs.-Holschumaker v. Et chells (Del.) 644. $60. Where a subcontractor sued a city to establish a statutory lien, without knowledge of the contractor's assignment of the money due it under the contract, costs will only be allowed the intervening assignees from the filing of the answer upon judgment for them.United States Fidelity & Guaranty Co. v. City of Newark (N. J. Ch.) 192. § 60. Court held not required to apportion costs equally in accounting, if the result would be inequitable.-Mead v. Owen (Vt.) 1058. IV. SECURITY FOR PAYMENT. Security to perfect appeal or other proceeding $232. An order erasing an appeal for want of jurisdiction apparent on the record held not to carry costs under Gen. St. 1902, § 4840.Sisk v. Meagher (Conn.) 880. § 232. A judgment abating an appeal rendered on a plea in abatement held a judgment in favor of the pleader entitling him to costs under Gen. St. 1902, § 4840.-Sisk v. Meagher (Conn.) 880. VIII. PAYMENT AND REMEDIES CO-TENANCY. See Tenancy in Common. COUNCIL. See Municipal Corporations, § 85. COUNSEL. See Attorney and Client. COUNTERCLAIM. See Set-Off and Counterclaim. COUNTERFEITING. See Forgery. COUNTIES. See Towns. II. GOVERNMENT AND OFFICERS. Presentation of false claim to county treasurer, COUNTY TREASURER. Presentation of false claim to, see False Pre- COUPONS. Interest coupons as distinct causes of action, COURSES AND DISTANCES. See Boundaries. COURT COMMISSIONERS. See Judgment. Constitutional exercise of judicial powers in Province of court and jury, see Criminal Law, See Executors and Administrators, § 10. Jurisdiction of particular actions or proceed- Against heirs, see Descent and Distribution, § Bastardy proceedings, see Bastards, §§ 35, 36. Special jurisdictions and particular classes of See Justices of the Peace, § 44. Equity jurisdiction, see Equity, §§ 22-65. I. NATURE, EXTENT, AND EXERCISE § 1. Legal jurisdiction consists of jurisdic- For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER § 11. Jurisdiction of a person is ordinarily | VIII. CONCURRENT AND CONFLICTobtained by service of a summons or other noING JURISDICTION, AND tice, or by appearance.-West Cove Grain Co. COMITY. v. Bartley (Me.) 730. 99. The refusal of the court in proceedings to assess damages for land taken under the flowage act to allow the reading to the jury of the statute held not a ruling on the admissibility of a question as to whether a witness testifying as to the value of the land taken had considered the fact that the court would add 50 per cent. to the verdict.-Connecticut River Power Co. v. Dickinson (N. H.) 585. § 100. A party in an action at law who accepts the decision of the Supreme Court that his remedy is in equity held to make the decision the law of the case, and his right to sue in equity is not defeated by subsequent contrary decision of the Court of Errors and Appeal.-Campbell v. Perth Amboy Mut. Loan, Homestead & Building Ass'n (N. J. Ch.) 144. IV. COURTS OF LIMITED OR INFERIOR JURISDICTION. $ 190. Under Rev. St. 1903, c. 85. §§ 17, 18, and Pub. Laws 1856, p. 234, c. 204, § 6, held, that a recognizance on an appeal from the municipal court of Portland need not be given within 24 hours after judgment, but that such limitation applies only to entry of the appeal.-Wyman v. Newland (Me.) 195. $193. A cause postponed by the clerk of the district court other than as authorized by District Court Act (P. L. 1898, p. 563) § 27, is not subject to the jurisdiction of the court so as to authorize judgment on the adjourned day. -Moneyweight Scale Co. v. Friedman (N. J. Sup.) 270 (A) Courts of Same State, and Transfer of Causes. Exclusive jurisdiction of courts of equity over trusts, see Equity, § 44. $ 486. In a suit to transfer to the chancery court the settlement of an executor's account pending in the orphans' court, complaint held to show no reason why the chancery court should exercise jurisdiction.-Streeter v. Braman (N. J. Ch.) 659. COVENANT, ACTION OF. Covenants on which the action may be maintained, see Covenants. COVENANTS. In insurance policies, see Insurance, § 335. I. REQUISITES AND VALIDITY. (A) Express Covenants. § 1. A covenant of warranty is not considered a debt until broken.-McKillop v. Post (Vt.) 78. II. CONSTRUCTION AND OPERA TION. (B) Covenants of Title. $40. The covenant of seisin extends only to titles existing in third persons, and does not embrace a title already in the grantee.-Holt v. Ruleau (Vt.) 1005. (C) Covenants as to Use of Real Property. Record of deed as notice, see Vendor and Purchaser, § 231. 51. A covenant in a deed establishing a building line is valid.-Bowen v. Smith (N. J. Ch.) 675. (D) Covenants Running with the Land. § 67. Covenant of general warranty held a covenant against eviction running with the land.-Williams v. O'Donnell (Pa.) 205. § 69. A restrictive building covenant in a deed held one for the benefit of the remaining portion of the grantor's land.-Bowen v. Smith (N. J. Ch.) 675. with his title to a portion of the land for the $ 72. A common grantor, who has parted benefit of which a restrictive covenant has been imposed on other land theretofore conveyed by him, may not thereafter release or modify the covenant so far as it operated to benefit the land previously conveyed.-Bowen v. Smith (N. J. Ch.) 675. § 79. Rule stated as to right of purchaser of a lot to enforce restrictive building covenants. Bowen v. Smith (N. J. Ch.) 675. $84. That a grantor of an undivided interest in a deed containing a covenant of warran V. COURTS OF PROBATE JURISDIC-ty acquired his interest after the mortgage un TION. Appointment of executor or administrator, see Executors and Administrators, § 10. Collateral attack on judgment of, see Judgment, § 475. VI. COURTS OF APPELLATE JURIS DICTION. der which a remote grantee was evicted had tion for been given held of no consequence in an acbreach of covenant.-Williams v. O'Donnell (Pa.) 205. III. PERFORMANCE OR BREACH. $ 102. In order that an ouster in pais should amount to an eviction, it is necessary that it be lawful, and, to be lawful, the adverse claim Decisions reviewable, see Appeal and Error, §§ must be asserted by or in the interest of one 80-100. having a better title.-McKillop v. Post (Vt.) 78. IV. ACTIONS FOR BREACH. CRIMINAL LAW. Action against administrator of grantor, see Bail, see Bail, §§ 73, 83. 108. The equitable right to enforce restrictive building covenants may be lost by a degree of acquiescence in their violation amounting to an abandonment of the right of complainant.-Bowen v. Smith (N. J. Ch.) 675. § 114. State of demand on contract for payment of money need not allege demand, where it is not required by the contract sued on.-De Jianne v. Citizens' Protective Ass'n of New Jersey (N. J. Sup.) 443. § 114. In an action for breach of a covenant of warranty, a declaration alleging that one W. claimed the premises of plaintiff under and by virtue of a mortgage deed of a reversion and decree of foreclosure as widow and heir of the mortgagee held insufficient.-McKillop v. Post (Vt.) 78. § 118. Where a plaintiff yielded to a claim of title without suit and without judgment or notice to the warrantor to defend his title, the burden was on him in an action for breach of the covenant to show that the title to which he yielded was good.-McKillop v. Post (Vt.) 78. § 122. Evidence held insufficient to show a loss by complainant of the right to enforce restrictive building covenants. through failure to seek to enjoin the erection of certain buildings. -Bowen v. Smith (N. J. Ch.) 675. § 136. In an action for breach of a general covenant of warranty, held, error to find that the real cause of action was for breach of the covenant against incumbrances, which could avail none but the immediate grantee of the covenantors.-Williams v. O'Donnell (Pa.) 205. Contracts for suppression or dismissal of crim- See Arson; Contempt; False Pretenses; For- Assault and battery, see Assault and Battery, Assault with intent to kill, see Homicide, §§ I. NATURE AND ELEMENTS OF § 13. A statute which fixes a penalty for an offense held not to cut off the common-law prosecution or punishment for the same offense, but gives a cumulative remedy only.-State v. Hildreth (Vt.) 71. $ 24. Malice is implied by law from every cruel act committed by one person against another, however sudden the act may be.-State v. Miele (Del. O. & T.) 8. § 24. The intent with which a crime is committed is not a presumption of law.-State v. Luff (Del. Gen. Sess.) 1079. 24. Every man is presumed to intend the nature and probable consequences of his voluntary and willful act.-State v. Moore (Del. Gen. Sess.) 1112. § 29. That a man had sexual intercourse with a woman by force and against her will does not prevent his being prosecuted for adultery.-Sigerella v. State (Del.) 1081. III. PARTIES TO OFFENSES. Persons liable for violation of liquor laws, see Intoxicating Liquors, § 167. IV. JURISDICTION. Of prosecution for violation of liquor laws, see $103. Const. art. 5, § 8, relating to prosecutions for bribery at elections, held to relate only to the method of presentment and trial, and not to jurisdiction of the court, so that the Court of General Sessions in trying such prosecution was not exercising a special constitutional power in derogation of the common law, and hence jurisdictional facts need not appear on the face of its record.-Godwin v. State (Del.) 1101. $104. Where a court of general jurisdiction exercises special jurisdiction and adopts procedure in derogation of the common-law practice, jurisdictional facts must be averred and proved. -Godwin v. State (Del.) 1101. X. EVIDENCE. Competency of witnesses in general, see Witnesses, § 37-219. Credibility, impeachment, contradiction, and corroboration of witnesses, see Witnesses, §§ 317398. cused. Cross-examination of witnesses, see Witnesses, | (C) Other Offenses, and Character of Ac◄ §§ 267-286. Examination of witnesses, see Witnesses, $$ Impeachment of accused as witness by proving 237-286. $308. A person accused of crime is presumed to be innocent; the burden being on the state to establish the contrary beyond a reasonable doubt.-State v. Lee (Del. Gen. Sess.) 4. $308. Accused is presumed to be innocent until proven guilty.-State v. Fagan (Del. Gen. Sess.) 692. $308. Accused is presumed innocent until his guilt is clearly established.-State v. Luff (Del. Gen. Sess.) 1079. $308. Every person accused of crime is presumed to be innocent until he is proved guilty beyond a reasonable doubt by evidence before the jury.-State v. Dlugozima (Del. Gen. Sess.) 1086. § 308. The law presumes every man innocent until proven guilty beyond a reasonable doubt. -State v. Anderson (Del. Gen. Sess.) 1097. $308. Accused is presumed to be innocent until his guilt is proved beyond a reasonable doubt.-State v. Moore (Del. Gen. Sess.) 1112. § 312. "Mens rea"-guilty mind-while a necessary element of most criminal offenses, is, as to some, presumed from the facts proved.Brown v. State (Del.) 836. § 327. The burden of proving guilt is upon the state.-State v. Anderson (Del. Gen. Sess.) 1097. § 328. The state must prove every material element of the offense to the jury's satisfaction, beyond a reasonable doubt.-State v. Luff (Del. Gen. Sess.) 1079. § 328. The intent with which a crime is committed is a material fact, which must be proved by the state.-State v. Luff (Del. Gen. Sess.) 1079. $328. The state must prove beyond a reasonable doubt every material ingredient of the crime charged.-State v. Moore (Del. Gen. Sess.) 1112. § 330. The burden of proving self-defense is on accused.-State v. Lee (Del. Gen. Sess.) 4. § 331. The burden of proving insanity is on accused.-State v. Lee (Del. Gen. Sess.) 4. § 333. The burden of proving an alibi is on accused.-State v. Lee (Del. Gen. Sess.) 4. (B) Facts in Issue and Relevant to Issues, and Res Gestæ. § 351. A letter written by accused showing an attempt to intimidate witnesses and to persuade them to speak falsely to secure his acquittal held admissible.-State v. Manley (Vt.) 231. accusation or conviction of other crime, see Witnesses, § 345. § 369. In a prosecution for statutory rape, where prosecutrix has testified to the act of intercourse as alleged in the indictment, examination as to other acts is improper.-State v. Dlugozima (Del. Gen. Sess.) 1086. § 371. In a prosecution for maintaining a liquor nuisance, prior convictions of accused for maintaining a liquor nuisance in another place are not admissible to show his intent.-State v. Bartley (Me.) 1129. proved, must be taken in connection with all § 381. The good character of accused, when the evidence, and must be given such weight under the circumstances as in the judgment of the jury it is entitled to.-State v. Miele (Del. O. & T.) 8. $381. Good character of accused held to be taken in connection with the other evidence and given such weight as in the opinion of the jury it is entitled to.-State v. Hartnett (Del. Gen. Sess.) 82. (E) Best and Secondary and Demonstra tive Evidence. § 404. Ordinary writings held admissible to show that a carved inscription was done by accused where the punctuation was similar.-State v. Kent (Vt.) 389. $ 404. Where the genuineness of a writing is in question in a criminal case, other writings admitted or proved to be genuine may be received and submitted to the jury for the purpose of comparison, although not otherwise material to the issue.-State v. Kent (Vt.) 389. § 404. Writings admitted to prove carvings on a barn door by similarity in punctuation being competent, that the evidence afforded by the comparison is inconclusive does not affect its relevancy, but only its weight.-State v. Kent (Vt.) 389. $404. Pencil printing on wood held admissible to show that an accused carved certain inscription on doors where they showed peculiarities in the construction of similar letters. -State v. Kent (Vt.) 389. (F) Admissions, Declarations, and Hear say. Dying declarations, see Homicide, § 203. 407. Failure of a party to reply to a statement made in his presence is sometimes admissible in evidence as tending to show a concession of the truth of the facts stated, but the probative force of this kind of evidence is not great, and it is received with caution.-Godwin v. State (Del.) 1101. § 410. Acts or declarations of agents of a sheriff within their authority may be considered in determining whether the sheriff knew that a bill presented for board of prisoners was false.-State v. Hartnett (Del. Gen. Sess.) 82. (H) Documentary Evidence and Exclusion of Parol Evidence Thereby. $ 447. Parol evidence held admissible to show which of two dates on a liquor license offered in evidence one of which was after the date of the sale, was the real date of issue.-State v. Fagan (Del. Gen. Sess.) 692. (I) Opinion Evidence. § 448. A question on direct examination of $364. Where evidence of an act of accused accused held objectionable as calling for an is admissible, his declarations at the time are opinion.-State v. Campbell (Conn.) 927. admissible as part of the res gestæ.-State v. § 448. Evidence in a prosecution for assault Bartley (Me.) 1129. held not an opinion.-State v. Roby (Vt.) 638. |