SHERIFFS AND CONSTABLES.
§ 1. Powers, duties, and liabilities.
An execution sale of mortgaged property
without requiring the satisfaction of the mort-
gage, as required by Burns' Rev. St. 1894, §
734, held to subject the officer only to nominal
damages, where the security had not thereby
been impaired.-State v. Bergner (Ind. App.)
824.
In action by sureties on recognizance of judg-
ment debtor on arrest of execution against
officer for false return of such execution, is-
sue as to the question of such false return was
properly submitted to the jury.-Simmons v.
Richards (Mass.) 617.
In action against deputy sheriff for making
false return on execution, evidence held to war-
rant a finding of a prior arrest of defendant in
execution.-Simmons v. Richards (Mass.) 617.
A sheriff distributing money obtained from
execution sale, whereby a creditor is deprived
of his proper share, held liable to such credit-
ors.-Doll v. Barr (Ohio) 434.
SLANDER.
See "Libel and Slander."
Law 1809, c. 44, validated a conveyance of
land previously made to a slave, who was
freed by the act (Laws 1817, c. 137).-Arents
v. Long Island R. Co. (N. Y.) 422.
See "Associations."
SPECIAL APPEARANCE.
See "Appearance."
SPECIAL ASSESSMENTS.
See "Municipal Corporations."
SPECIAL LAWS.
See "Statutes," § 1.
SPECIFIC PERFORMANCE.
1. Nature and grounds of remedy in
general.
A party cannot, for his own benefit, insist on
performance of a contract between others to
which he is not a party or privy.-Vought v.
Columbus, H. V. & A. R. Co. (Ohio) 442: Walsh
v. Same, Id.; Wright v. Same, Id.; Shotwell
v. Same, Id.
§ 2. Contracts enforceable.
An oral agreement to convey a right of way
for a railroad will be enforced when supported
by a good consideration.-Telford v. Chicago, P.
& M. R. Co. (Ill.) 105.
Parol promise by parent to convey land to
child will be specifically enforced.-Fouts v.
Roof (Ill.) 653.
3. Good faith and diligence.
Where one who has agreed to convey land
openly refused to do so, an action to establish
the contract may be maintained without the oth-
er party having first tendered performance,
provided he alleges readiness to do so.-Scott
v. Beach (Ill.) 196.
The fact that the deed under which the ven-
dor claims was not acknowledged or recorded
fense to a suit for specific performance of the
until after the grantee's death held not a de-
agreement to purchase.-Conley v. Finn (Mass.)
460.
Evidence held insufficient to show that con-
tract was inequitable, so as not to be specific-
ally enforced.-McManus v. City of Boston
(Mass.) 607.
§ 4. Proceedings and relief.
Bill for specific performance cannot be re-
tained to assess damages, plaintiff knowing that
the property named in the contract belonged to
the corporation, and that defendant had no au-
thority to sell.-Sellers v. Greer (Ill.) 246.
change land cannot be decreed where defendant
Specific performance of a contract to ex-
denies plaintiff's ownership in the land, which
he was to convey, and no proof was offered to
establish the same.-Pfaff v. Cilsdorf (Ill.) 670.
Where the paper title of a vendor seeking
specific performance is defective, the lapse may
be supplied by proof of adverse possession un-
der color of title.-Conley v. Finn (Mass.) 460.
Under the evidence, a decree dismissing a bill
for specific performance of a contract to convey
land held not erroneous.-Evans v. Strachan-
Hanscom (Mass.) 512.
SPIRITUOUS LIQUORS.
See "Intoxicating Liquors.”
Of case or facts for purpose of review, see "Ap-
peal and Error," § 9.
Of plaintiff's claim, see "Pleading," § 2.
Public lands, see "Public Lands," § 2.
§ 1. Government and officers.
Act Jan. 11, 1898, creating a new apportion-
ment changing senatorial districts, held uncon-
stitutional.-People v. Hutchinson (Ill.) 599.
STATUTE OF FRAUDS.
See "Frauds, Statute of."
STATUTE OF LIMITATIONS.
See "Limitation of Actions."
See, also, "Constitutional Law"; "Intoxicating
Liquors"; "Limitation of Actions," § 1; "Me-
chanics' Liens"; "Railroads," § 4.
Statute of frauds, see "Frauds, Statute of."
Statutory new trial, see "New Trial," § 4.
§ 1. General and special or local laws.
Laws 1897, c. 286, providing for widening
highways in certain towns, is a device to evade
the provisions of section 18 of article 3 of the
constitution, prohibiting the legislature from
passing a private or local bill for laying out or
altering highways, and is a local act, and ac-
cordingly unconstitutional.-In re Henneberger
(N. Y.) 61.
While an act of the legislature which em-
braces all things of a certain class may be a gen-
eral, and not a local, act, within the meaning of
section 18 of article 3 of the constitution, al-
though by reason of some limitation, based on
population or other condition, only a particular
city or the inhabitants of a single locality can
at the time receive its benefits, the validity or
invalidity of a statute under said provision of the
constitution depends upon the special circum-
stances of the case.-In re Henneberger (N. Y.)
61.
§ 2. Subjects and titles of acts.
Laws 1895, p. 156, entitled "An act to pro-
hibit the use of slot machines," held not uncon-
stitutional in so far as it prohibited the mere
"keeping" of such machines.-Bobel v. People
(Ill.) 322.
Acts 1897, p. 277, concerning appeals, held
invalid, as not having in its title a reference to
the act or title of the act sought to be amend-
ed.-O'Mara v. Wabash R. Co. (Ind. Sup.) 821.
§ 3. Amendment.
A general statute gives way to a special stat-
ute only so far as the special statute is complete
within itself.-Daniels v. State (Ind. Sup.) 74.
§ 4. Repeal.
The repeal of a statute which modifies a com-
mon-law rule held to revive such rule.-Baum
v. Thoms (Ind. Sup.) 357.
5. Construction and operation.
St. 1895, c. 293, providing that railroad com-
panies liable for fires communicated by locomo-
tives shall have the benefit of the proceeds of in-
surance on the property, is not retroactive.-Wild
v. Boston & M. R. R. (Mass.) 533.
Act May 18, 1894, providing for abandon-§
ment of Hocking Canal, and for leasing the
same to a railroad company, held constitutional.
-Vought v. Columbus, H. V. & A. R. Co. (Ohio)
442; Walsh v. Same, Id.; Wright v. Same, Id.;
Shotwell v. Same, Id.
REVISED STATUTES 1874. Ch. 24, art. 5, §§ 2, 13... 256 724
Page 580, § 12.....
Page 665, ch. 82.
137 Page 3470, § 191.....
Ch. 77, §§ 1, 2..
Ch. 131
1851, p. 61, § 3.
1871-72, p. 348, § 65. .1072 § 1361
1871-72, p. 777, § 7.
Amended by Laws 1895,
p. 327
224 1934
222 1872, p. 218, art. 9...335, 336 § 2018
.1051
§ 2090
1877, p. 61, art. 8. Amend-
.1087 ed by Laws 1879, p. 66 188 § 2324
Ch. 120, § 2, subds. 5, 9.. 201
A stipulation by heirs in a partition suit, See "Highways"; "Municipal Corporations,"
that an intestate's widow's claim for a "family
allowance" was allowed by the probate court
of his domicile, does not admit its correctness
nor legality under the laws of Illinois.-Smith To arbitration, see "Arbitration and Award.”
v. Smith (Ill.) 1083.
Of corporations, see "Corporations,"
STREET RAILROADS.
See, also, "Carriers"; "Railroads."
§ 1. Construction.
The resolution of the common council of
New York, passed in 1851, giving P. and his as-
sociates the right to construct a railroad upon
condition of their agreeing to surrender the
road on payment of costs and 10 per cent., was
void, the consideration of the agreement failed,
and the E. R. R. Co., when subsequently incor-
porated, came under no obligation, except as
fixed by its charter, and was not bound to sur-
render the road on request.-Potter v. Collis
(N. Y.) 413.
§ 2. Regulation and operation.
Where purchaser of mortgaged property not
primarily liable is compelled to pay to protect
his title, he is subrogated to the rights of the
mortgagee.-Hazle v. Bondy (Ill.) 671.
Where one, at the request of a person inter-
ested in a judgment, although not a party there-
to, becomes replevin bail, he is entitled to be
subrogated to the rights of the judgment_cred-
itor upon having to pay the judgment.-Davis
v. Schlemmer (Ind. Sup.) 373.
The right of subrogation is not founded upon
contract, but upon principles of equity and jus-
tice.-Davis v. Schlemmer (Ind. Sup.) 373.
One who paid a vendor's hien note on an agree
ment with the maker that she should hold it as
security was not a volunteer, and was hence en-
titled to subrogation to the vendor's rights.--
Warford v. Hankins (Ind. Sup.) 468.
Rights of one loaning money, on agreement
with borrower that it should be secured by first
mortgage, on mortgage proving defective, to
subrogation to the rights of those whose liens
were paid by the proceeds of the mortgage,
determined.-Amick v. Woodworth (Ohio) 437.
Right of subrogation does not belong to mere
stranger or volunteer, who pays incumbrance.
Evidence in action for injuries to child on
track considered, and held, that verdict for de-
fendant was properly directed.-Rack v. Chicago-Amick v. Woodworth (Ohio) 437.
City Ry, Co. (III.) 668.
Testimony as to defective condition of a street
car prior to an accident held admissible to show
condition at that time, where condition re-
mained unchanged.-Rockford City Ry. Co. v.
Blake (Ill.) 1070.
The right of subrogation by one paying off a
prior lien to protect himself will not prevail
against intervening bona fide purchasers with-
out notice.-Amick v. Woodworth (Ohio) 437.
Where the driver of a vehicle suddenly turned
on the track in front of a car, and the motor Of devisees or legatees, see “Wills,” § 5.
man was unable to stop in time to avoid a col-
lision, the company was not liable.-Kessler v.
Citizens' St. R. Co. (Ind. App.) 891.
Carelessness of child who, with view unob-
structed, runs directly in front of approaching
car in the street, held to prevent recovery.-Morey
v. Gloucester St. Ry. Co. (Mass.) 530.
One who attempted to cross a private street
railroad crossing on a bicycle, without looking for
a car, held guilty of negligence.-Sewell v. New
York, N. H. & H. R. Co. (Mass.) 541.
Tenancy at sufferance, see "Landlord and Ten-
ant," § 3.
Upon the evidence in an action for personal See "Process."
injuries caused by an electric car running over
a child, held, that the evidence did not justify
the submission to the jury of the question of
the negligence of the defendant railroad com-
pany. Stabenau v. Atlantic Ave. R. Co. (N.
Y.) 277.
Sunday laws do not violate the personal lib-
erty of the individual, secured by the bill of
rights (section 1).-State v. Powell (Ohio) 900.
Rev. St. § 7032a, making it an offense to play
ball on Sunday, held not unconstitutional, as vio-
lating right of conscience in matters of religion.
-State v. Powell (Ohio) 900.
from by the fact that the dividends are earned
outside the state and that its business within the
state is without profit.-People v. Roberts (N. Y.)
53.
A corporation engaged in buying and slaugh-
tering sheep and lambs, and selling the wool,
hides, and carcasses. is not carrying on manu-
lating to the taxation of corporations.-People v.
Roberts (N. Y.) 53.
On appeal or writ of error, see "Appeal and facture within the meaning of the statutes re-
Error," § 28.
See "Principal and Surety."
SURETYSHIP.
See "Principal and Surety."
SURVIVING PARTNERS.
See "Partnership," § 2.
Of devisees or legatees, see "Wills," § 5.
SWAMP LANDS.
See "Public Lands," § 1.
See, also, "Highways," § 3: "Intoxicating Liq-
uors," § 1; "Licenses"; "Municipal Corpora-
tions," 11.
Assessments for municipal improvements, see
"Municipal Corporations," §§ 6, 7.
§ 1. Constitutional requirements and
restrictions.
Township Organization Act (Rev. St. 1893, c.
139), art. 4, § 4, giving the county commissioners
power to assess and collect town taxes, is consti-
tutional.-Bebb v. People (Ill.) 185.
§ 2. Liability of persons and property.
Outlying land belonging to a sanitary dis-
trict is not exempt, under Rev. St. 1893, c. 120,
§ 2, subd. 9, exempting market houses, public
squares, and other public lands used exclusively
for public purposes.-Sanitary Dist. of Chicago
v. Martin (Ill.) 201.
Lands of a sanitary district are not exempt,
under Rev. St. 1893, c. 120, § 2, subd. 5, ex-
empting property belonging to the state.-Sani-
tary Dist. of Chicago v. Martin (Ill.) 201.
Under Burns' Rev. St. 1894, §§ 8422, 8507,
the holder of stock in a building and loan as-
sociation may be taxed thereon, though he is
a nonborrowing member, and though the stock
is not fully paid up.-Harn v. Woodard (Ind.
Sup.) 33.
Property owned by one person and used by
another for school purposes held not exempt
from taxation.-Travelers' Ins. Co. v. Kent
(Ind. Sup.) 562.
A decision by the comptroller that a corporation
is not subject to a tax is not conclusive upon his
successors as to the liability of the same cor-
poration to taxation in subsequent years.-People
v. Roberts (N. Y.) 53.
A corporation otherwise subject to a tax upon
the basis of its dividends is not exempted there-
§ 3. Levy and assessment.
A tax on property in hands of receiver held
not invalid because assessed in the name of the
former owner.-Wiswall v. Kunz (Ill.) 184.
The presumption of the validity of a tax levy
held not overcome by showing that the wrong
officials undertook to make a levy, without
showing that it was not in fact levied by the
proper authorities.-Chicago & N. W. Ry. Co. v.
People (Ill.) 1057.
Where a tax was in fact levied at a town
meeting, it was within the discretion of the
court to permit the town clerk to correct the
record of such meeting, so as to show the levy.
-Chicago & N. W. Ry. Co. v. People (Ill.) 1057.
4. Collection and enforcement against
persons or personal property.
Stockholder of corporation in hands of re-
ceiver cannot object to order on receiver to pay
taxes because collector did not show that there
were funds in the hands of the receiver to pay
them.-Wiswall v. Kunz (I.) 184.
A bill by a corporation to enjoin the collection
of a tax against stockholders will lie, although
there are no dividends belonging to the stock-
holders on hand out of which it would have to.
pay the tax if collected.-Knopf v. First Nat.
Bank (Ill.) 660.
A single taxpayer may restrain the exten-
sion of an illegal tax as an entirety on all the
taxable property in the district.-Knopf v. First
Nat. Bank (Ill.) 660.
§ 5. Sale of land for nonpayment of tax.
A warrant for the collection of special assess-
ments held to contain a copy of the certificate
of judgment of confirmation, as required by
statute.-Doremus v. People (Ill.) 686.
Clerk of county court held to have authority
to certify an assessment roll, where judgment
was rendered against only a part of the tracts
in the roll.-Doremus v. People (Ill.) 686.
Judgment in proceeding to collect delinquent
taxes held invalid, as not following the re-
quirements of Revenue Act, § 190.-McChesney
v. People (Ill.) 1110.
Copy of newspaper containing delinquent list
with certificate attached, bearing only filing
mark of the "county clerk," held inadmissible
on application for judgment.-McChesney v.
People (Ill.) 1110.
Certificate of publication under Revenue Act,
§ 186, held insufficient as not describing the per-
son making it as the publisher of the news-
paper.-McChesney v. People (Ill.) 1110.
Certificate of publication of tax list held in-
sufficient because failing to state what was pub-
lished.-McChesney v. People (Ill.) 1110.
Upon an application by the forest commis-
sion, by certiorari, to review an order cancel-
ing a sale for taxes, and a conveyance of land
to the state, upon condition of the applicant for
the order paying the taxes, held, that the su-
preme court had power to impose, as a condition
of granting the relief, such conditions as it
should deem equitable as to the refunding by
the state of the money paid.-People v. Camp-
bell (N. Y.) 417.
Evidence of possession at the time of trial
of action to set aside tax deed does not prove
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