See "Appeal and Error"; "Certiorari": "Crim-
inal Law," § 15; "Justices of the Peace," § 2.
ure to deliver entitled the buyer to damages.-
Connersville Wagon Co. v. McFarlan Carriage
Co. (Ind. Sup.) 294.
§ 2. Construction of contract.
In an action for the price of a piano, the
purchaser held not entitled to recover the dif-
ference between the price of new one and the
value of the one taken from the purchaser by
plaintiff.-M. Steinert & Sons Co. v. Jackson
(Mass.) 905.
Of power of attorney by foreign insurance com- § 3. Performance of contract.
pany, see "Insurance," § 10.
Of railroads, see "Railroads," § 3.
RIPARIAN RIGHTS.
See "Waters and Water Courses," § 1.
Application of doctrine of assumed risks to re-
lation between landlord and servant of ten-
ant, see "Landlord and Tenant," § 1.
Assumed by employé, see "Master and Servant,"
88 5, 9.
Within insurance policy, see "Insurance," § 7.
*Delivery to carrier free on board the car held,
under the terms of a contract of sale, a delivery
to the buyers.-Kilmer v. Moneyweight Scale
Co. (Ind. App.) 271.
*The rule that a buyer is bound to reject the
property within a reasonable time held inap-
plicable where the contract provided that he
should have 60 days within which to exercise
such option.-Allyn v. Burns (Ind. App.) 636.
§ 4. Warranties.
Where the seller of a horse which he had
agreed to take back if unsatisfactory objected
to taking him back on the ground that he was
in bad condition, an objection that the tender
back was premature was waived.-Rosenthal v.
Rambo (Ind. Sup.) 404.
seller to take him back if he was not satisfac-
Buyer of a horse under an agreement by the
tory and was returned in as good condition as
when sold held entitled to return the horse.
though his condition had been impaired by the
development of diseases which he had when
sold.-Rosenthal v. Rambo (Ind. Sup.) 404.
Streets in cities, see "Municipal Corporations," the horse back.-Rosenthal v. Rambo (Ind.
§§ 11, 12.
RULES OF COURT.
As to instructions, see "Trial," § 8.
See "Vendor and Purchaser."
By broker, see "Brokers."
Seller of a diseased horse held bound to take
Sup.) 404.
*Damages for personal injuries from defects in
machinery sold held not covered by general war-
ranty at the time of the sale.-Birdsinger v.
McCormick Harvesting Mach. Co. (N. Y.) 611.
5. Remedies of seller.
In an action for the price of a windmill, a
request to charge that it was the duty of the
buyer to return the property within a reason-
able time if it was not satisfactory held proper-
By hawkers or peddlers, see "Hawkers and Ped-ly refused.—Allyn v. Burns (Ind. App.) 636.
dlers."
Conditional sales to bankrupt, see "Bank-
ruptcy," 1.
Election of remedies on breach of contract, see
"Election of Remedies."
For public improvement assessments, see "Mu-
nicipal Corporations," § 9.
Guardians' sales, see "Guardian and Ward," § 2.
Invalidating theater tickets purchased on side-
walk as interference with right to sell
property, see "Constitutional Law," § 2.
Of bill of exchange or promissory note, see
"Bills and Notes," § 3.
Of equity of redemption, see "Mortgages," § 2.
Of intoxicating liquors, see "Intoxicating Liq-
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In an action for the price of a windmill, the
jury held not misled as to effect of defendant's ex-
ercise of dominion over the machinery inconsis-
tent with ownership in plaintiff.-Allyn v.
Burns (Ind. App.) 636.
*Plaintiff, in replevin for goods sold on fraud-
ulent representations by defendant to a mercan-
tile agency, must, in order to recover, show that
he relied on the representations.-Beacon Falls
Rubber Shoe Co. v. Pratte (Mass.) 285.
A comment by a mercantile agency as to de-
fendant's financial statement held sufficient to
put plaintiff on guard, and to preclude him from
relying on the statement in extending credit
to defendant.-Beacon Falls Rubber Shoe Co. v.
Pratte (Mass.) 285.
§ 6. Remedies of buyer.
Under a contract for the purchase of a quan-
tity of wheels not less than a minimum number,
each order given above the minimum quantity
constituted an acceptance pro tanto, and a fail-
ure to deliver entitled the buyer to damages.-
Connersville Wagon Co. v. Mer'arlan Carriage
Co. (Ind. Sup.) 294.
*On breach of general warranty on the sale
of personalty, only such damages are recoverable
as the parties can be deemed to have had in
contemplation when the sale was made.-Bird-
singer v. McCormick Harvesting Mach. Co. (N.
Y.) 611.
*Point annotated. See syllabus.
7. Conditional sales.
A contract of conditional sale affords a suffi-
cient consideration for the buyer's absolute prom- In equity, see "Equity," § 3.
ise to pay the agreed price.-Kilmer v. Money-
weight Scale Co. (Ind. App.) 271.
*Reservation of legal title by seller in contract
of conditional sale held not to affect his right to
recover the agreed price.-Kilmer v. Money- Of process, see "Process," § 1.
weight Scale Co. (Ind. App.) 271.
See "Compromise and Settlement"; "Payment"; See "Brokers," §§ 2, 3; "Master and Servant,"
"Release."
SCHOOLS AND SCHOOL DISTRICTS.
Assessment of school property for public im- See "Easements."
see "Municipal Corporations,"
Estoppel to attack teacher's certificate, see
"Estoppel," § 1.
Mandamus affecting, see "Mandamus," § 2.
§ 1. Public schools.
Under School Law, art. 7 (Hurd's Rev. St.
1899, c. 122) § 3, a teacher's certificate can be
renewed only by indorsement of the county
superintendent.-Van Dorn v. Anderson (Ill.)
While Burns' Ann. St. 1901, §§ 5920a-5920g,
have limited the power of school township
trustees in regard to the removal of school-
houses and the abandonment of school dis-
tricts, no change has been made in section
5920. which authorizes trustees to establish
schools and to build schoolhouses therefor.-
State v. Black (Ind. Sup.) 882.
Under Rev. St. U. S. § 4520 [U. S. Comp. St.
1901, p. 3073], and section 4523 [page 3075],
where a seaman induced to leave a vessel in the
port of Boston was not under contract signed
by the master, defendants could not be con-
victed of enticement or persuading in violation
of Rev. Laws, c. 66, § 2.-Commonwealth v.
Bartlett (Mass.) 607.
Where a search was made under an invitation
of defendant's mother, and not under a search See "Municipal Corporations," §§ 9, 12.
warrant, the finding and taking of certain ar-
ticles by the officers held not an abuse of legal
process. Commonwealth V. Tucker (Mass.)
127.
SECONDARY EVIDENCE.
In civil actions, see "Evidence." § 4.
SHERIFFS AND CONSTABLES.
Larceny by constable seizing goods on writ is-
sued on void judgment, see "Larceny," § 1.
Summoning jurors, see "Jury," § 2.
In criminal prosecutions, see "Criminal Law," § 1. Compensation.
§ 5.
See "Searches and Seizures."
SELF-DEFENSE.
See "Assault and Battery," § 1.
*Under Hurd's Rev. St. 1903, c. 53, §§ 19,
41, and chapter 78, § 13, a constable who is
appointed as a special bailiff to summon tales-
men is entitled to compensation fixed by the
court, and not to the fees allowed a sheriff
for summoning jurors.-Carroll County v. Dur-
ham (Ill.) 78.
Under Const. 1870, art. 10, $$ 9, 10, and
Hurd's Rev. St. 1903, c. 53, §§ 51, 52, the fees
of the sheriff's office do not belong to the sheriff,
but should be paid over to the county after de-
ducting his salary and expenses.-Carroll
In criminal prosecutions, see "Criminal Law," County v. Durham (Ill.) 78.
§ 14.
*Under Burns' Ann. St. 1901, § 6528, sheriff
held entitled to the fees paid by the county
for each prisoner committed to and discharged
Delaware County (Ind. App.) 1025.
Of married women, see "Husband and Wife," from the jail.-Starr v. Board of Com'rs of
§ 5.
*Point annotated. See syllabus.
Vessel owners as employers, see "Master and Legislative power, see "Constitutional Law,"
Servant," § 1.
See "Statutes," § 2.
SPECIFIC PERFORMANCE.
Effect of election to treat contract as broken on
right to specific performance, see "Election of
Remedies.'
§ 1. Nature and grounds of remedy in
general.
*Vendee may enforce contract for sale of land
free from incumbrances with deductions be-
cause of incumbrances thereon. Kuhn v.
Eppstein (Ill.) 145.
*A bill for specific performance is addressed
to the sound discretion of the court.-Sutton
v. Miller (Ill.) 838.
*A provision for a passageway in a deed held
subject to specific enforcement by the dominant
tenant against the grantees of the servient
tenement taking with notice.-Bailey v. Agawam
Nat. Bank (Mass.) 449.
Proceedings in state court pending bankruptcy
proceedings, see "Bankruptcy," § 1.
Charging crime in language of statute, see "In-
dictment and Information," § 2.
Effect of interpretation of federal statutes by
federal courts, see "Courts," § 1.
Legislative power, see "Constitutional Law,"
$ 1.
Validity of retrospective or ex post facto laws,
see "Constitutional Law," § 4.
Provisions relating to particular subjects.
See "Bankruptcy," § 1; "Bastards," § 2; "Bills
and Notes," § 3; "Chattel Mortgages." § 4;
"Commerce"; "Corporations," §§ 2, 4; "Costs,"
88 1-3; "Counties." § 1; "Courts." § 2:
"Death," § 1; "Descent and Distribution";
"Eminent Domain," §§ 1, 3; "Exceptions,
Bill of," § 1; "Executors and Administrators,"
84; "Exemptions"; "Evidence," § 4; "Fraud-
ulent Conveyances," § 1; "Garnishment";
"Guardian and Ward." § 2; "Habeas Cor-
pus,"§ 2; "Highways," 88 1, 3; "Indictment
and Information," § 3; "Intoxicating Liq-
uors"; "Licenses." § 1; "Limitation of Ac-
tions," § 1; "Marriage"; "Master and Serv-
ant," §§ 3-9; "Mechanics' Liens"; "Mines
and Minerals," § 3; "Municipal Corpora-
tions," § 9; "Prohibition," § 1; "Railroads,"
§ 2; "Removal of Causes," § 1; "Schools and
School Districts," § 1; "Seamen"; "Set-Off
and Counterclaim," § 1; "Street Railroads,"
'§ 2; "Taxation"; "Wills," § 6.
Acquisition of public waterworks by municipal-
ity, see "Waters and Water Courses." § 5.
Assessments for public improvements, see "Mu-
nicipal Corporations," § 9.
Joinder of causes of action, see "Action," § 2.
Statute of frauds, see "Frauds, Statute of."
Statutory new trial, see "New Trial," § 2.
§ 1. Enactment, requisites, and validity
in general.
*Const. art. 4, § 13, requiring every bill passed
by both houses to be signed by the President of
the Senate and the Speaker of the House, is
mandatory.-Lynch v. Hutchinson (Ill.) 370.
*Laws 1905, p. 186, relating to jurisdiction of
probate courts, held unconstitutional because not
signed by the President of the Senate, as re-
inson (Ill.) 370.
*Parol contract of land held enforceable in quired by the Constitution.-Lynch v. Hutch-
view of part
Stansifer (Ind. App.) 124.
Of street cars, see "Street Railroads," § 2.
SPIRITUOUS LIQUORS.
See "Intoxicating Liquors."
§ 2. General and special or local laws.
Acts 1903, p. 255, c. 145, relating to the im-
provement of highways, held not unconstitution-
al.-Spaulding v. Mott (Ind. Sup.) 620.
§ 3. Amendment, revision, and codifica-
tion.
Laws 1905, p. 194, prohibiting divorced per-
sons to remarry within a year in certain cases,
held not subject to the objection of not be
ing within the title of the Act July 1, 1874
(Hurd's Rev. St. 1903, c. 89), which it pur-
ports to amend.-Olsen v. People (Ill.) 89.
§ 4. Repeal, suspension, expiration, and
revival.
*Where the general provisions of a statute
are in conflict with the express provisions of
a later act, relating to the same subject-matter,
By witness inconsistent with testimony, see the latter will govern.-Thomas v. Evans
"Witnesses," § 3.
* Point annotated. See syllabus.
§ 5. Construction and operation.
Proceedings for the improvement of a street
under which no work had been done or liability
accrued prior to the passage of Act May 15,
1901 (Laws 1901, p. 534, c. 231), amending the
Barret Law, under which the proceedings were
instituted, held subject to the provisions of the
later act.-Pittsburgh, C., C. & St. L. Ry. Co.
v. Oglesby (Ind. Sup.) 165.
Acts which have but one subject-matter and
one purpose in view, although enacted at differ-
ent times, should be construed together as
single act of the Legislature.-Cahill v. State
(Ind. App.) 182.
*The rule of strict construction of criminal
statutes should be so applied as not to thwart
the manifest intention of the Legislature.-
State v. Kiley (Ind. App.) 184.
at different dates, the later having in view the
Statutes relating to the same subject, enacted
earlier, and being intended as supplementary
thereto or amendatory thereof, are to be treated
as in pari materia.-State v. Kiley (Ind. App.)
184.
*Statutes in pari materia may be construed
accordingly, although not enacted at the same
session.-Indianapolis Northern Traction Co. v.
Ramer (Ind. App.) 808.
In the construction of a statute, an exception
to its provisions not suggested by its terms
mere convenience.-Morris Coal Co. v. Donley
should not be introduced by considerations of
(Ohio) 945.
STATUTES AT LARGE.
1888, Aug. 13, ch. 866, § 2,
Ch. 42, pars. 29, 40, 44.. 701
Ch. 62, pars. 5, 8, 10, 11,
370 12
80 | Ch. 69, par. 12.
60 STARR & CURTIS' ANNO-
TATED STATUTES
(SUPP.) 1902.
Ch. 24, 548
Ch. 24, § 564
HURD'S REVISED
'UTES 1901.
258 Ch. 24, §§ 590, 605
25 Stat. 434 [U. S. Comp.
St. 1901, p. 509]..
1898, July 1, ch. 541, § 16,
30 Stat. 550 [U. S. Comn.
St. 1901, p. 3428]......
1898, July 1, ch. 541, § 17,
30 Stat. 550 [U. S. Comp.
St. 1901, p. 3428]....25,
1898, July 1, ch. 541, §§ 47e
(2), 60b, 67e, 30 Stat.
557, 562, 564 [U. S.
Comp. St. 1901, pp. 3438,
3445, 3449].
1898, July 1, ch. 541, §
60b, 30 Stat. 562 [U. S.
Comp. St. 1901, p. 3445]. 529
1898, July 1, ch. 541, § 63,
30 Stat. 562 [U. S. Comp.
St. 1901, p. 3447]...
1898, July 1, ch. 541, § 63a,
30 Stat. 562 [U. S. Comp.
St. 1901, p. 3447]...
1898, July 1, ch. 541, § 70a
(5), 30 Stat. 565 [U. S.
Comp. St. 1901, p. 3451]. 723
1900, May 25, ch. 553, 31
Stat. 187 [U. S. Comp.
St. 1901, p. 290]....
HURD'S REVISED
UTES 1903.
Ch. 24, § 590
Ch. 32, § 6.
Ch. 46, §§ 116, 119.
Ch. 51, § 15.
Ch. 53, §§ 19, 41, 51, 52..
Ch. 78, § 13..
Ch. 89. Amended by Laws
1905, pp. 194, 317.
Art. 41, § 683 et seq...... 808
Art. 41, §§ 706, 711...... 808
689 REVISED STATUTES 1852.
68
78 REVISED STATUTES 1881.
78 §§ 1842, 1935...
Ch. 106, § 1..
Ch. 120, §§ 182, 188.
Ch. 120, § 191........56, 487
258 | Ch. 11, par. 29.
723 | Ch. 38, par. 368.
* Point annotated. See syllabus.
1903, p. 255, ch. 145, §§
2, 3..
1903, p. 280. ch. 156... 243
892 1903, p. 338, ch. 193
167
262, 551, 1027
967 1903, p. 338, ch. 193, § 3.. 443
331 1903, p. 339, ch. 193, § 2.. 798
780 1903, p. 340, ch. 193, § 7..1020
241 1904, p. 1413, ch. 588...
883 1905, pp. 59, 61, 63, ch.
883 48, §§ 1, 3, 4, 5, 8..
99 1905, p. 202, ch. 123.
.1025 1905. pp. 281, 286, §§ 95,
.1027 107
1897, p. 396, ch. 426.
1898, p. 492, ch. 533..
1902, p. 370, ch. 458.
1902, p. 439, ch. 527.
1903, p. 276, ch. 415.
1903, p. 360, ch. 473, §
1895, p. 187, ch. 187, § 7.. 956
1896, pp. 365, 366, ch. 415,
$$ 5, 6-8.
1904, p. 376, ch. 403, § 1.. 457
$$ 6855-6867
$$ 6899, 6900.
620 1905, p. 751, ch. 169,
811 1905, p. 757, ch. 169, 8
MASSACHUSETTS.
CONSTITUTION.
...182, 184 Art. 4, § 1.....
|