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National Reporter System.-State Series.

THE

NORTHEASTERN REPORTER,

VOLUME 50,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME COURTS OF MASSACHUSETTS, OHIO, ILLINOIS, INDIANA,
APPELLATE COURT OF INDIANA. AND THE COURT

OF APPEALS OF NEW YORK.

PERMANENT EDITION,

APRIL 29—JULY 22, 1898.

WITH TABLE OF NORTHEASTERN CASES IN WHICH REHEARINGS HAVE BEEN DENIED.
WITH TABLIS OF NORTHEASTERN Cases PUBLISHED IN Vols. 171, 172, ILLINOIS REPORTS; 169, MASSA-

CHUSETTS REPORTS; 155, New York REPORTS; 57, Ohio STATE REPORTS.

A TABLE OF STATUTES CONSTRUED IS GIVEN

IN THE INDEX.

ST. PAUL:

WEST PUBLISHING CO.

1898.

Lay Library

COPYRIGHT, 1898,

BY

WEST PUBLISHING COMPANY.

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

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ASSOCIATE JUDGES.
JAMES B. BLACK.

ULRIC Z. WILEY.
DANIEL W. COMSTOCK.

WOODFIN D. ROBINSON,

MASSACHUSETTS-Supreme Judicial Court.

WALBRIDGE A. FIELD, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
CHARLES ALLEN.

JAMES M. MORTON.
OLIVER WENDELL HOLMES. JOHN LATHROP.
MARCUS P. KNOWLTON.

JAMES M. BARKER

NEW YORK-Court of Appeals.

CHARLES ANDREWS, CHIEF JUDGE.
ALTON B. PARKER, CHIEF JUDGE. 9

ASSOCIATE JUDGES.
JOHN C. GRAY.

ALBERT HAIGHT.
DENIS O'BRIEN.

CELORA E. MARTIN.
EDWARD T. BARTLETT.

IRVING G. VANN.

OHIO—Supreme Court.

JACOB F. BURKET, CHIEF JUSTICE 10
WILLIAM T. SPEAR, CHIEF JUSTICE. 11

JUDGES.
JOSEPH P. BRADBURY.

THADDEUS A. MINSHALL.
JOHN A. SHAUCK.

MARSHALL J. WILLIAMS.
JACOB F. BURKET. 12

. Became Chief Justice June 7, 1898.

a judge from holding office "longer than until and in* Succeeded David J. Baker June 1, 1897.

cluding the last day of December next after he shall Appointed June 7, 1898.

be seventy years of age." • Elected December 16. 1895.

* Elected November 2, 1897; term commenced Jan• Re-elected.

uary 1, 1898. Beginning May 23, 1898.

10 Ceased to be Chief Justice February 9, 1898. * Beginning May 23, 1898.

11 Became Chief Justice February 9, 1898. Term expired December 31, 1897, by force of pro 19 Began his second term on the bench February 9, sision of state constitution (article 6, § 12) prohibiting 1898.

(iii)*

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