715--752.] L. R. A. CASES AS AUTHORITIES.

47 L. R. A. 731, GRAHAM v. PEOPLE, 181 Ill. 477, 55 N. E. 179. Sufficiency of indictment.

1117

Cited in Gilmore v. People, 87 Ill. App. 129, holding indictment for conspiracy to obtain money by false pretenses, charging crime in language of statute, sufficient; Bolen v. People, 184 Ill. 339, 56 N. E. 408, sustaining indictment charging incest in language of statute.

Cited in footnote to Blum v. State, 56 L. R. A. 322, which sustains indictment for conspiring to obtain money by false pretenses, which states offense in generic terms without setting out particulars.

Jurisdiction of crime committed in different counties.

Cited in footnote to Coleman v. State, 64 L. R. A. 807, which holds commencement of prosecution, in either county, for death in one county from fatal blow struck in another, bar to subsequent prosecution in the other county.

47 L. R. A. 737, MERCHANTS' & M. NAT. BANK v. BARNES, 18 Mont. 335, 56 Am. St. Rep. 586, 45 Pac. 218.

Assignment of money due or to become due.

Cited in State ex rel. Harmon v. Conrow, 19 Mont. 109, 47 Pac. 640, holding cashier's. notice to tenant to pay rent to bank, to which he executed bill of sale, sufficient to give bank interest in fund as against subsequent attaching creditor; Oppenheimer v. First Nat. Bank, 20 Mont. 196, 50 Pac. 419, holding consent of bank unnecessary to make valid debtor's assignment of deposit; Gillette v. Murphy, 7 Okla. 103, 54 Pac. 413, holding that creditors have equitable interest in judgment for sheriff's salary by virtue of assignments of portions of salary executed prior to action.

Right to maintain suit upon erroneous theory as to damages.

Cited in Wolf v. New Orleans Tailor-Made Pants Co. 52 La. Ann. 1368, 27 So. 893, raising, without deciding, question as to right to maintain action upon wrong theory as to measure of damages.

47 L. R. A. 742, FIRST NAT. BANK v. ELLIOTT, 125 Ala. 646, 82 Am. St. Rep. 268, 27 So. 7.

Payment of deficiency judgment as condition to right to redeem.

Followed in Williams v. Rouse, 124 Ala. 161, 27 So. 16, holding redeeming judg ment creditor of mortgagor not required to pay mortgage debt remaining after foreclosure.

47 L. R. A. 750, TIRRELL v. TIRRELL, 72 Conn. 567, 45 Atl. 153.

47 L. R. A. 752, LYNN v. HOOPER, 93 Me. 46, 44 Atl. 127.

Liability for fright of horse.

Cited in Barber v. Manchester, 72 Conn. 682, 45 Atl. 1014, holding it not negligence per se to operate ensilage cutter and carrier within 15 feet of highway, so as to render operator liable for fright of horse.

1118 L. R. A. CASES AS AUTHORITIES.

[47 L. R. A.

47 L. R. A. 755, AUSTIN v. AUGUSTA TERMINAL R. CO. 108 Ga. 671, 34 S. E. 852.

Abutter's right to damages.

Cited in Long v. Elberton, 109 Ga. 30, 46 L. R. A. 430, 77 Am. St. Rep. 363, 34 S. E. 333, denying municipal corporation's liability for erection of prison, causing depreciation in value of abutting property; Macon v. Wing, 113 Ga. 91, 38 S. E. 392, affirming abutter's right to damages for injuries sustained by change of grade and narrowing of street.

Cited in footnote to Louisville R. Co. v. Foster, 50 L. R. A. 813, which denies abutter's right to recover for noises, smells, and disturbances, from operation of street railway and turntable in street.

Right to injunction against noises.

Cited in Georgia R. & Bkg. Co. v. Maddox, 116 Ga. 77, 42 S. E. 315, sustaining right to injunction against noises from operation of trains near park on Sundays, but not on other days.

Cited in footnotes to Froelicher v. Oswald Iron Works, 64 L. R. A. 228, which sustains right to injunction against construction of boilers and tanks and hammering of sheet iron in open air; Hill v. McBurney Oil & F. Co. 52 L. R. A. 399, which authorizes injunction against blowing of factory whistle at unreasonable hours in populous community.

47 L. R. A. 782, RUDOLPH v. PENNSYLVANIA S. VALLEY R. CO. 186 Pa. 541, 40 Atl. 1083.

Reaffirmed on second appeal in 186 Pa. 555, 40 Atl. 1134. Damages for diversion of water.

Cited in Irving v. Media, 10 Pa. Super. Ct. 145, 7 Del. Co. Rep. 381, 44 W. N. C. 134, holding that village cannot deprive riparian mill owner of right to natural flow of stream without compensation; Aberdeen v. Bradford, 94 Md. 680, 51 Atl. 614, holding lower riparian owner entitled to damages for municipal corporation's diversion of water by intake wells intercepting underground channel. Land taken by eminent domain.

Cited in Kossler v. Pittsburg, C. C. & St. L. R. Co. 208 Pa. 57, 57 Atl. 66, denying right to consider second lot in assessing damages to one for right of way, where they are separated by stream and unconnected by bridge.

Cited in note (57 L. R. A. 947) on what lands are to be deemed part of tract damaged by taking portion thereof under eminent domain.

Damages for pollution of stream.

Cited in footnote to Weston Paper Co. v. Pope, 56 L. R. A. 899, which sustains liability for pollution of stream by discharge from strawboard works, though business skilfully conducted.

Right to take sand from stream.

Cited in Hunt v. Graham, 15 Pa. Super. Ct. 47, denying liability for death of boy drowned while bathing, by falling into hole made by dredge in removing sand.

47 L. R. A. 788, MCANALLY v. PENNSYLVANIA R. CO. 194 Pa. 464, 45 Atl. 326.

Injury sustained while boarding car.

Cited in Shuart v. Consolidated Traction Co. 15 Pa. Super. Ct. 28, affirming re

755-806.]

L. R. A. CASES AS AUTHORITIES.

1119

covery for injury due to premature starting of street car while passenger attempting to board.

47 L. R. A. 790, MCKENNA v. BRIDGEWATER GAS CO. 193 Pa. 633, 45 Atl. 52. Liability for explosion.

Cited in footnote to Purdy v. Westinghouse Electric & Mfg. Co. 51 L. R. A. 881, which holds use of barrels, formerly containing explosive substance, for shipping iron, not render one liable for injury to employee by explosion.

47 L. R. A. 792, STRONG v. BRENNAN, 183 Ill. 97, 55 N. E. 675.

47 L. R. A. 795, PEOPLE ex rel. TRADERS' F. INS. CO. v. VAN CLEAVE, 183 III. 330, 55 N. E. 698.

Validity of statute determined by mandamus.

Cited in People ex rel. Hilldel Lodge No. 72, I. O. B. B. v. Rose, 207 Ill. 376, 69 N. E. 762, dissenting opinion by Magruder, J., who holds that constitutionality of act requiring annual report from corporations may be determined on petition for mandamus for cancelation of charter.

47 L. R. A. 798, CHICAGO TITLE & T. CO. v. BROWN, 183 Ill. 42, 55 N. E. 632. Conclusiveness of probate.

Explained in Davis v. Upson, 209 Ill. 211, 70 N. E. 602, holding that order admitting will to probate cannot be attacked by proceedings to contest will.

Competency of subscribing witness.

Cited in Sloan v. Sloan, 184 Ill. 582, 56 N. E. 952, holding wife of legatee not competent subscribing witness.

47 L. R. A. 802, LASHER v. PEOPLE, 183 Ill. 226, 75 Am. St. Rep. 103, 55 N. E. 663.

Class legislation.

Cited in People ex rel. Akin v. Butler Street Foundry & Iron Co. 201 III. 256, 66 N. E. 349, sustaining act exempting building and loan associations from provisions for making affidavit as to connection with illegal combinations.

Cited in footnote to Com. use of Titusville v. Clark, 57 L. R. A. 348, which holds void, exemption from license tax of contractors and real-estate dealers, but not others, whose business less than $1,000.

Grant of franchise or license.

Cited in Cain v. Wyoming, 104 Ill. App. 541, holding that ordinance granting right to use streets for water system confers license, not franchise.

Distinguished in Morrison v. People, 196 Ill. 454, 63 N. E. 989, holding that act authorizing president of county board to appoint civil service commission does not confer franchise upon him.

47 L. R. A. 806, HOPE v. FLENTGE, 140 Mo. 390, 41 S. W. 1002.

Marking official ballots.

Followed without discussion in Morgan v. Brase, 140 Mo. 415, 41 S. W. 1101;

1120 L. R. A. CASES AS AUTHORITIES.

[47 L. R. A. Howard v. Caldwell, 140 Mo. 416, 41 S. W. 1101; Drum v. Ude, 140 Mo. 417, 41 S. W. 1100; Frissell v. Cotner, 140 Mo. 418, 41 S. W. 1101.

Cited in McKay v. Minner, 154 Mo. 617, 55 S. W. 866, holding void, ballots containing initials of only one judge; Duvall v. Miller, 94 Md. 715, 51 Atl. 570, holding that cross not wholly within square vitiates ballots; Morris v. Board of Canvassers, 49 W. Va. 256, 38 S. E. 500, holding ballots containing names voted on, void because not all in same column; Coulehan v. White, 95 Md. 716, 53 Atl. 786, holding ballot not vitiated by election judge's marking “A. Schr." instead of initials.

Cited in footnote to Parker v. Hughes, 56 L. R. A. 275, which sustains ballot with cross marks opposite name of candidate at each place it appears on ballot. Presence of election judges.

Distinguished in Sanders v. Lacks, 142 Mo. 262, 43 S. W. 653, holding vote not void because four judges present instead of six, as required by law.

Review of findings of lower court.

Cited in Harding v. Harding, 140 Cal. 692, 74 Pac. 284, holding that findings, in action for divorce, as to fact of desertion and bona fides of residence, will not be disturbed on appeal.

47 L. R. A. 830, MCMAHON v. POLK, 10 S. D. 296, 73 N. W. 77. Identifying marks on ballots.

Cited in Church v. Walker, 10 S. D. 452, 74 N. W. 198, holding cross outside circle on ballot, identifying mark, but ink blots presumed unintentional; Moody v. Davis, 13 S. D. 92, 82 N. W. 410, holding ballot vitiated by voters placing crosses in two circles.

47 L. R. A. 842, SLAYMAKER v. PHILLIPS, 5 Wyo. 453, 40 Pac. 971, 42 Pac. 1049.

Marking official ballots.

Cited in Cole v. Tucker, 164 Mass. 488, 29 L. R. A. 669, 41 N. E. 681; Miller v. Schallern, 8 N. D. 400, 79 N. W. 865; Orr v. Bailey, 59 Neb. 140, 80 N. W. 495,-sustaining statute requiring official stamp on back of ballots; Coulehan v. White, 95 Md. 716, 53 Atl. 786, holding ballot not vitiated by election judge's marking "A. Schr." instead of initials.

Cited in footnote to State ex rel. McCarthy v. Moore, 59 L. R. A. 447, which sustains prohibition against placing on official ballot, name of unsuccessful candidate for party nomination at primary election.

47 L. R. A. 859, SULLIVAN v. STRAHORN-HUTTON-EVANS COMMISSION CO. 152 Mo. 268, 53 S. W. 912.

Privileged communications.

Cited in Jones v. Brownlee, 161 Mo. 266, 53 L. R. A. 448, 61 S. W. 795, holding designation of person with whom plaintiff committed adultery in cross-bill in divorce proceedings, privileged.

Matter for jury.

Cited in Wagner v. Scott, 164 Mo. 301, 63 S. W. 1107, holding that evidence of abuse of privilege makes prima facie case for jury.