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
« AnteriorContinuar » |