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p. 134.

act...

Statutes.

Nevada. 1885, chạp. 103. Annual salaries as

Statutes.
pensation to probate
judges.
527 | 1877, p. 46. Municipal bonds.

465 1897, chap. 293. Inheritance tax law..... 326

New Hampshire. 1899, March 6, chap. 43, $1. Bicycle paths 146 General Statutes, 1894.

Public Statutes. $ 380, subd. b. Warehouse and commission Chap. 186, $ 6. Devise of real estate..... 244 law.

536

General Statutes.
Missouri,

Chap. 148, $ 8. Liability of railroad com

pany for damages... 84 Constitution, 1820.

New Jersey.
Art. 4, $ 25. Elections of sheriff and cor-
oner....
557

Revision.
Amendments of 1834.
P. 1201, 8 45. Tie votes .

553 Art. 2, $ 3. Clerks of courts

556

New York.
Constitution, 1875.

Statutes. Art. 2, & 21. Compensation for property 1817, Apr. 15. Allowance to executors, adtaken . 758

ministrators,

and 4, § 2. Apportionment of represen

guardians

724 tatives 559 1848, chap. 40. Corporation law .

206 5, $ 3. Determination of tie vote.. 559 | 1866, chap. 115. Accounts of trustees. 723 6, § 30. Ties for judges of courts of 1890, chạp. 664. Stock corporation law... 258 records ..

558

chap. 564, $ 58. Liability of stock$ 37. Justices of the peace.

552

holders ..

730 40. Election of clerks; ties and 1892, chap. 688. Stock corporation law... 258 contests.

559 1892, chap. 689, $ 52. Liability of stock8, $ 12. Aliens prohibited from hold

holders.

730 ing office

98 | 1897, chap. 441, 8 1. Amendment of bank9, § 10. Election of sheriffs and cor

ing law.

730 oners

559

Revised Statutes, 1828. 14, $ 5. Tenure of office.

564

Vol. 2, p. 93, $ 58. Commissioners to be alStatutes.

lowed executors, etc. 724 1863, Marcb 23. Ballot partly fraudulent. 817

94, $ 66. Trustees to account to 1897, April 4. Ballot law

816

court of equity..... 723 Printing of ballots.

826

Code of Civil Procedure.
135. Elections ; duties of judges. 820
175. Election of justices of the

$ 394.

Action against stockholder of bank 730 peace.

558
1902. Damages for death by wrongful

717 176, 87. Appointment to fill va

563

2730. Commissions of executors and adcancy Ballot law

ministrators 1893, April 18, p. 156. 816

722 Elections ; duties of

North Dakota. judges

820 1895, April 11, p. 171. Mode of voting on

Revised Code. amendments .

827

$ 3366. Remedy for recovery of rent..... 151 May 31. Election commissioners 396

3367. Remedy for breach of agreement 1899, June 19. Registration and elections. 396

in lease.

151 Revised Statutes, 1845.

3519. Title not devested by destruction of deed.

640 P. 201, chap. 25, $ 8. Election for clerks.. 556

3543. Grants of rent or reversions. 151 Revised Statutes, 1855.

$$ 3784-3787. Covenants in grants of real P. 336, § 10. Qualifications of clerks....

96

property

151 § 4608. Standard policy of insurance... 645 Revised Statutes, 1879. 5444. Special verdict defined

639 5445. Directing special verdict

630 879. Telegraph and telephone companies. 107

Ohio. 2807. Election of justices of the peace.. 564

Revised Statutes.
Revised Statutes, 1889.

$ 2264.
Special assessments .

158 | 2615. Liability for setting out fire..... 85 2269. Rules of assessment.

160 4505. Alimony and maintenance of wife 392 4678. Ballot partly fraudulent .

Oregon. 4726. Clerk's certificate evidence of facts 829 4753. Mode of voting on amendments.. 827

Constitution. 4765. Candidates limited to one office... 827 | Art. 2, § 16. Elections ..

551 4773. Printing of ballots .

826 4781. Ballot law .

Statutes.

816 4784. When judges shall prepare ballot. 820 1893, p. 28. Notice by stock owner of in6092. Number of justices ; duty of mayor 552

jury to stock.... 412 6099. Power of county court to decide 1899, Feb. 20, p. 199. Protection of trout election contest .... 552

and other food fishes . 155

Hill's Annotated Laws.
Montana.

$ 776, subd. 20. Presumption that ordinary Statutes.

course of

business

has been followed .. 266 1883, Feb. 26, p. 119. Commissioners' act. 464

3005. Conveyance of fee simple ..

411 Compiled Laws, 1887. $$ 3136, et seq. Escheats

549

proDiv. 5, $ 1540. Filing of chattel mortgage. 405 $ 3140. Attorney's fee for escheat

ceeding

551 Civil Code.

3141. Proceedings in case of escheated property

549 13860. Mortgage of personal property. 405

3144. Employment of additional coun3864. Filing of chattel mortgage. 403

531

sel ..

p. 164.

... 817

Pennsylvania.

1897-98, p. 524. Damages for trespasses by animals.

591 Statutes.

651. Fence law of Accomac 1849, Feb. 19 (P. L. 79) § 11.

591 Appoint

county.... ment of viewers.... 787

Henning's Statutes. 1850, Apr. 9, $ 2. Condemnation of stream

1631 (1 Hen. Stat. p. 176). Inclosures and for railroad right of

trespass....

391 way.. 737 1632 (1 Hen. Stat. p. 199).

Inclosures. 1881, June 29.

591 Store-order act..

342

1657 (1 Hen. Stat. p. 458). Inclosures and South Carolina.

trespass.

591 1769 (8 Hen. Stat. p. 378). Hospital for insane persons.

578 Statutes. 1785 (12 Hen. Stat. p. 198). Insane

per1891, Dec. 16. Time for commencing ac

Sons...

578 tions on insurance

Code, 1819. policies....

705

Chap. 109. Restraint and support of idiots South Dakota.

and lunatics. ....

578

Code 1849.
Constitution.

Chap. 85.
Insane persons.

578 Art. 5, $$ 24, 25. Qualifications for office of state's attorney.. 835

Code 1887. $ 31. Judges not to act as attor- $ 1068. General powers of corporation... 580 neys at law.

413 | Chap. 68. University of Virginia.... 285 7. Soldier not resident of state $ 1554. Annual appropriation for Univerwhere stationed. 837

sity of Virginia.... 285 26, § 18, subdiv. 5. Jurisdiction over Chap. 75. Insane persons and inebriates.. 578

Ft. Meade military $ 1601. Location and corporate name of reservation..... 837

asylum..

579 Statutes.

Chap. 93, 88 203842061.

Fence law....... 590 1897, chap. 110, $ 2. Order

Revised Code. by railroad commissioners to Vol. 1, p. 89, chap. 33, & 20. University of build depot... ........ 569

Virginia..

285 Compiled Laws.

90, chap. 34. Annual appropria

tion for University $$ 1489, 1491. Election contest proceeding 833

of Virginia... 285 $ 3401. Interest of husband in wife's prop

Revised Code, Supplement. erty....

415 5013. Defining "judgment roll"

414 P. 44, chaps. 29, 30. University of Virginia 285 7843. Habeas corpus act.

567 46, chaps. 32, 33. University of Virginia 285

47, clap. 34. University of Virginia... 283 Tennessee.

Washington.
Statutes.

Constitution.
1885, chap. 24. Taxes barred by limitation 277
1899, chap. 432, $ 4. Taxing agents for

Art. 1, $ 8. Grant of privilege or franlaundries.. 416

chise forbidden.... 217

10. Administration of justice... 218 Shannon's Code.

12. Privileges or immunities of $ 3531. Mechanics' liens.

273

citizens...

217 $$ 3533, 3534. Liens.

275 7, $$ 1, 2, 9. Uniformity in taxation.. 208 $ 3540. Liens...

275

Statutes. 542. Liens.

275

1886, Feb. 4, $ 48, subdiv. 5. Tacoma charTexas.

ter; power of city government..

216 Revised Statutes, 1879.

1890, March 24. Government of cities. ... 216 P. 2, § 17. Compensation

for
property

Ballinger's Annotated Codes and Statutes.
taken....
779 Vol. 1, $ 739, subd. 33. License for lawful

purposes. ..

207 Utah.

338, subdiv. 10. Power of cities to li

cense business. 208 Constitution.

1011, subdiv. 10. Power of cities to li

cense business. Art. 16, $ 1.

208 Rights of labor..

60 6. Eight hours shall constitute

4753, subdivs. 1, 2. Powers and duties of a day's work. 60

attorney general... 211 7.

4824. Enforcement of provisions of

In whose name action shall be article sixteen...... 60

prosecuted..

211 5738. Designation of party.

211 5775. Rules of practice.

211 Virginia.

Wisconsin.
Constitution.
Art. 5, § 15. Mode of re-enacting law..... 591

Constitution, 1848.
Statutes.

Art. 4, $ 31. Prohibiting special legislation 443

32. General laws to be uniform.. 443 1883-84, p. 38, $ 25. Charter of Norfolk ;

11, § 1. Formation of corporations... 494 assessments..

573 1889-90, p. 226, chap. 244, 8 64. Defining

Amendments of 1871.
"commercial broker 585 Art. 4, $ 31, subsec. 7. Granting corporate
945. Defining “lawful fence". 590

powers except 1893–94, p. 397. State institution for in

cities, forbidden.... 494 sane..

578 945. Defining “lawful fence"..

Statutes.

590 948. Fence law.

590 1864, March 1. Incorporation of Black 1895-96, p. 460. Boundary lines declared

River Improvement
lawful fence.
591

Company.

494 1896, Jan. 23. Authority of rectors of uni. 1866, May 25. Amendment of charter.

versity to secure 1874, chap. 184. Duty of board of public
loan by deed of trust 285

works..

688

to

ter...

1882, chap. 263. Act extending life of cor- 1$$ 925-173. Record of grade of streets... 446 poration..

194 925-175. Opening, regrading, and pay1889, chap 326. General city charter law 443

ing streets..

446 1893 chap. 312, 8 72. General city char

925–177. Express of keeping streets in ter law..

repair....

446 Revised Statutes, 1878. Chap. 40b, 8 026. Adoption of general char

444 1895, chap. 320, $ 1. General city charter $ 1977. Defining “agent”..

457 law.

444 | 1339. Damages from insufficient high

Wyoming. way.

693 2882. Defining “judgment".

695

Constitution. 2923. Costs on appeal from justices' Art. 6, $$ 1, 2. Requirements of voters.... 850 court.

695 4192.

$ 11. Elections to be by ballot... 845 Proof of signing of instrument... 606

13. Purity of elections.

845 4971, subdiv. 19. Signature by mark.... 696

Statutes.
Revised Statutes, 1898.

1890, March 14, chap. 80. Election law... 854 Chap. 40a. General city charter law...... 443 '1891, p 157. Statutory law re-enacted... 854 47 L. R. A.

LAWYERS' REPORTS

ANNOTATED.

NORTH CAROLINA SUPREME COURT.

one or

W. A. BENTON

The discretion of the court in setv.

ting aside a verdict for inadequacy of Ruffin V. COLLINS, Appt.

damages is not reviewable on appeal. 5. An allotment of a homestead, and a

sale of the excess of the owner's lands by a (........N. C.........)

commissioner, may be ordered by a court of

equity when it has control of the lands and 1. A grant of a new trial on

all the parties interested are before the court. more of several issues is in the sound | 6. The appointment of commissioners discretion of the court, where the matter in. to set off a homestead may be made by volved is entirely distinct and separable from the clerk when instructed by the court, as the the matters involved in the other issues.

clerk is but the hand of the court in the mat. 2. A new trial on the single issue of ter.

the amount of damages may be allowed, 7. The fact that lands are situated in although this cuts off some evidence which, if

two counties does not prevent the court introduced on other issues, might mitigate

from making an order for setting off a home damages, where all such evidence is admissl.

stead and selling the lands which are in exble on the issue as to damages.

cess of the homestead to satisfy a judgment 8. Inadequacy of damages may be the against the owner.

ground of setting aside a verdict and ordering a new trial.

(October 24, 1899.)

NOTE.Inadequacy of damayes as a ground for verdict will not be disturbed for inadequacy, cirsetting aside a verdict.

cumstances may exist under which the court

would be cailed upon to act. I. Power and duty of the court as to.

The court has power to set aside a verdict and II. Rule in contract actions.

grant a new trial on the ground of inadequacy III. Rule in actions with relation to property where the ends of justice seem to require it, as and property rights.

well as and upon the same principle as on the IV. Rule in actions for personal injuries.

ground of excessiveness. Platz v. Coboes, 8 a. Generally.

Abb. N. C. 392 ; Marlana v. Dougherty, 46 Cal. b. Actions for libel and slander,

26 ; Hackett v. Pratt, 52 Ill. App. 346. c. Actions for malicious prosecution A verdict for a grossly inadequate amount and false imprisonment.

stands upon no higher ground in legal principle, d. Actions for assault and battery and nor in the rules of law, than a verdict for an other torts.

excessive or extravagant amount, and a new e Actions for personal Injuries caused trial may be granted upon the one ground as by negligence.

well as upon the other. McDonald v. Walter, 1. General rules as to.

40 N. Y. 551. And see BENTON V. COLLINS. 2. What sufficient to show bias or And when value is a material question the

omission of duty-instances. rule with reference to setting a verdict aside is 1. Statutory provisions as to smallness the same where the verdict for a party is for too

of damages for personal injury. small a sum, as It is where the verdict is against V. Effect of uncertainty as to cause of in

a party for too large a sum. Hall v. The Emily jury.

Banning, 33 Cal. 522. VI. Who entitled to relief.

And the court may grant a new trial where VII. Matters of procedure.

the damages are inadequate, as well as where VIII. Increase of verdict by court.

they are excessive, if the case is such as clearly 1. Power and duty of the court as to.

to indicate that the jury had acted under the in

fluence of partiality, bias, or a perverted judgThe power and duty of the court with refer. ment. Richards v. Sandford, 2 E. D. Smith, ence to setting aside verdicts for inadequacy 349. would seem to depend to a large extent upon the So, It is within the province of an appellate measurability of the injury suffered according to court to revise and set aside a verdict for insufsome legal standard. If the injury can be thus ficiency as well as for excessiveness of damages. measured, and the verdict is inadequate, it is Paul v. Leyenberger, 17 Ill. App. 167.

But see not only within the power, but the imperative BENTON V. COLLINS, and Jung v. Keuffel, 144 N. duty, of the court to set it aside. The rule is Y. 381, 39 N. E. 340, infra, VII. different, however, where there is no legal stan- And while the estimation of damages is pedard of measurement of the injury. But even culiarly within the province of the jury where In such case it will be seen that while usually a there is no legal measure and the damages are

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