71. Allentown. Assessment for laying of 72. Baltimore. Power to regulate porches 403 62. When the fall of rain or the melting of Id. Re Kings Co. Elevated R. Co. (N. Y.) 232 691 Where there is a contest over municipal Right of eminent domain; damages. 214 BRIEFS AND NOTES. (Pa.) NEGLIGENCE. See CARRIERS; MASTER Laflin v. Buffalo & S. R. R. Co. (N. Y.) 793 199 was a suitable one to see and hear, and Doctrine of dominant and servient tene- 146 Supplying water to a city is not munic- 909 679 Penn. & N. Y. Canal & R. R. Co. v. Heuff 4. Where plaintiff in an action against a Not liable for damages for raising grade of Sidewalks are parts of highway. (Pa.) Frightening horse. (Pa.) Notice of. (N. Y.) 45 240 5. The presence of an infant, seventeen Chrystal v. Troy & B. R. R. Co. (N. Y.) 245 45 Admissibility of ordinances. (N. Y.) Id. 8. A railroad company is not respon- Lien of labor for work upon public build- Saratoga Springs; liability for injuries from MURDER. See HOMICIDE. 9. Evidence that deceased, a short time 827 10. Evidence of a simple declaration of 702 11. Evidence of exclamations indicative | plaintiff's evidence every reasonable inference of pain made by party injured is admissible. of fact in his favor. Authorities cited. Roche v. Brooklyn, etc. R. R. Co. (N. Y.) 702 12. Whether a deckload on a canal boat was properly covered so as to protect it from rain, is not a subject for expert testimony; it is a question for the jury. Schwinger v. Raymond (N. Y.) BRIEFS AND NOTES. 747 Jones v. Bland (Pa.) 859 2. In an action by a sheriff on the bond of a deputy, to recover damages suffered by the plaintiff by reason of a false return alleged to have been made by the deputy, the answer of one of the defendants put the making of the return in issue; but the answers of the other defendants admitted the making of the return by the deputy, but alleged facts in justification thereof. The plaintiff failed to show that the return was made by the deputy. Held, that a nonsuit was proper as to the defendant 73 who had raised an issue as to the making of the return, but was erroneous as to the Liability of warehouseman; extraordinary accident. (Pa.) 489 Recovery at common law. (N. Y.) 169 others. (Pa.) 490 Presumption of. (Pa.) Act of God. (N. Y.) Railroad crossing; duty of traveler to stop, look, and listen. (Pa.) 641, 869 598 Motion for is equivalent to demurrer to evidence. (Pa.) 146 (Pa.) 168, NOTES. See BILLS AND NOTES. 641, 873 NOTICE. See DEED, III.; JUDGMENT, 22; Notice of an unrecorded deed to an at869 torney or agent, is equivalent to notice to Dickerson v. Bowers (N. J.) 872 Infants. Note. (N. Y.) 245, 246; (N. Y.) 73 principal. 246 2. Where the City of Rochester caused a nuisance within the Town of Brighton, by the discharge of sewage, after it was collected in the sewers, into open drains constructed by the city across lands in the town, and continued this discharge after it was prohibited by an orVerdict against evidence. (N. Y.) 676 der of the board of health of the town, and Verdict not disturbed, where there has continued also to use the ditches it had conbeen a trial on the merits and defendant has structed in the town, held, that the order not been misled. (Pa.) 640 of the board of health of the town could 573 be properly served on the city: and that the board could maintain an action against 278 the city, to enforce its regulation and to restrain a continuance of the nuisance. Gould v. Rochester (N. Y.) Misleading instructions. (Pa.) NOMINAL DAMAGES. See BILLS AND 99 3. Service of notice upon a nonresi. NONRESIDENT. See ATTACHMENT, II. dent out of the jurisdiction, although he NONSUIT. 1. On a motion for a compulsory nonsuit, it is the duty of the court to deduce from owns the premises on which the nuisance ex- 101 4. The acts of public officers de facto, coming in by color of title, are valid when they concern the public or the rights of third persons who have an interest in the act done. Adams v. Mengel (Pa.) 184 5. An acknowledgment of a mortgage before a justice of the peace who has qualified as clerk of the oyer and terminer and Id. quarter sessions is valid. 6. Public officers having at least a colorable title to offices, their right cannot be questioned in any other form than by writ of quo warranto at suit of Commonwealth. Authorities cited. Id. 185 273 People v. Supers. of Kings Co. (N. Y.) 11. An indictment against a defaulting tax collector need not aver that the money is still detained; and it is sufficient if it avers that defendant was collector of the state and county taxes for the county, and as such collected the taxes for the year. State v. Nicholson (Md.) 415 BRIEFS AND NOTES. Election certificate is prima facie evidence of election to office. (Pa.) 157 771 Summary dismissal. (N. Y.) Power of appointment implies power to remove. (N. Y.) 771 Title to office; quo warranto. (Pa.) 186 Presumption of performance of official duty. (Ñ. Y.) 283 Discretion of public officers. (N. Y.) 269 (N. Y.) Action by taxpayers against officers, to pre768 vent illegal official acts. (N. Y.) Presumption of validity of official acts. (N. J.) 111 In actions against officers, it is sufficient 156 to prove that they acted as such. (Pa.) OPINIONS. See EVIDENCE, VIII. ORDINANCES. See MUNICIPAL CORPORATIONS, II. ORPHANS' COURTS. See COURTS, 5,6. 1. To sustain an order for the support of minor grandchildren under Acts June 13, 1836, and April 15, 1857, the record must be regular in form and must show that the quarter sessions had jurisdiction of the party and the subject matter. James' Appeal (Pa.) 665 2. The court of quarter sessions has no power to make the order, unless the petition is by some one having an interest in the sup port of the poor person. Id. 3. Such order cannot be enforced by attachment. Id. BRIEFS AND NOTES. Voluntary conveyances; validity; inten768 tion. (Pa.) 545-547 IV. PARTIES. See ACTION OR SUIT, 3-11; 10. The board of supervisors fixed the sal- PAROL EVIDENCE. See EVIDENCE, aries of the district attorney, his chief clerk and other subordinates, at certain sums, but thereafter, by resolution, included in the budget a sum less than the aggregate of amounts fixed by the first resolution. Held, that a chief clerk appointed under such arrangement, and APPEAL, 16; CORPORATIONS, 28; DEVISE PARTITION. 1. Where a mortgage is given by a part owner during proceedings in partition to which he is a party, and at the sale in such proceedings the land is purchased by and conveyed to trustees for the beneficial owners of the property, held, that the legal title of the mortgagor was extinguished and the mortgage attached, but in equity only, to the equitable interest of the mortgagor in the prop erty, and that when, on the division thereof, such part owner obtained title to the part allotted to him, such mortgage cannot be maintained beyond the extent of the mortgagor's interest in the property, and that a lien for purchase money of such part owing by him was paramount to the mortgage. United N. J. R. R. & C. Co. v. Long Dock Co. (N. J.) 920 2. A voluntary partition of land between the owners thereof is not binding upon the holders of the existing liens upon the property, unless they consent thereto. Authorities cited. Id. 921 14. Where conveyances of portions of such land given by the purchaser contained only special warranties which were distinct covenants that he was not to be answerable for any losses which might occur from assertion of a title superior to his own, and a permanent title is subsequently satisfied entirely out of portion of property which remained in his hands, held, that he must be indemnified so that the entire tract may be assessed ratably to make up the value of the portion allotted to the claimants by such superior title; the basis of estimation being the value of the ground considered irrespectively of the imId. provements. Bryan, J., dissenting. 15. When land leased for a term of years is to be assessed, the assessment must be levied on lessee and reversioner in proportion ld. to the value of their holdings. 3. Where the title of all parties is set forth in the petition, and it appears that the dispute respecting it has been adjudicated, and in consequence the tenants in common are in joint possession, the mere denial of the tenancy and right of partition is not enough to require (Md.) the court to suspend proceedings until another trial of the right of some of the parties. Wistar's Appeal (Pa.) 651 4. Some defect in the petition must be pointed out or adverse possession averred, to justify the court to refuse to proceed. Id. 5. In such proceeding a plea may be treated as an answer. ld. BRIEFS AND NOTES. Joint tenants and tenants in common. 446 As between a sale and the actual partition, courts incline to latter alternative. (Md.) 444, 445 Claim of adverse title. (Pa.) 655 No appeal lies from award of inquest. (Pa.) Improvements. (Md.) PARTNERSHIP. 655 444, 445 2. A partner who, after the dissolution, has disposed of the partnership property, collected debts due the firm, and paid debts due from it, cannot be excused from ac counting on the ground that he has paid out more for the firm in paying its debts than he 462 has received from the assets. 9. Proceedings in partition are relevant to show that defendant accepted a deed for the land named in such proceedings. Hunt v. Hunt (N. J.) Sharp v. Hibbins (N. J.) 919 |