REVENUE. ure to deliver entitled the buyer to damages.- Connersville Wagon Co. v. McFarlan Carriage Co. (Ind. Sup.) 294. 8 2. Construction of contract. In an action for the price of a piano, the value of the one taken from the purchaser by plaintiff.-M. Steinert & Sons Co. 5. Jackson (Mass.) 905. *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- 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 Buyer of a horse under an agreement by the tory and was returned in as good condition as though his condition had been impaired by the development of diseases which he had when sold.—Rosenthal v. Rambo (Ind. Sup.) 404. 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 dlers.” In an action for the price of a windmill, the jury held not misled as to effect of defendant'ser- ercise of dominion over the machinery inconsis. tent with ownership in plaintiff.-Allyn v. *Plaintiff, in replevin for goods sold on fraud- walk interference with right to sell he relied on the representations.-Beacon Falls fendant's financial statement held sufficient to put plaintiff on guard, and to preclude him from to defendant.-Beacon Falls Rubber Shoe Co. v. § 4. $ 6. Remedies of buyer. Under a contract for the purchase of a quan- each order given above the minimum quantity ure to deliver entitled the buyer to damages.- *On breach of general warranty on the sale of personalty, only such damages are recoverable * Point annotated. See syllabus. as con. 2 see as § 7. Conditional sales. SEPARATE TRIALS. SERVICE. SERVICES. § 2. SERVITUDES. provements, “Municipal Corporations,” 8 8. SET-OFF AND COUNTERCLAIM. *The right of set-off is controlled by Rev. St. Under School Law, art. 7 (Hurd's Rev. St. 1905, 88 5066-5077, and the rights given therein to exemptions.-Serhant v. Haker (Ohio) 943. *The provisions of Rev. St. 1905, $ 5073, as SETTLEMENT. See "Compromise and Settlement”; “Payment" ; "Release." and Administrators,” $ 6. “Trusts," $ 5. $ 2. Of bill of exceptions, see “Exceptions, Bill of," $ 2. SEWERS. Larceny by constable seizing goods on writ is- sued on void judgment, see “Larceny," § 1. Summoning jurors, see "Jury,” 8 2. *Under Hurd's Rev. St. 1903, c. 53, $$ 19, 41, and chapter 78, § 13, a constable who is appointed as a special bailiff to summon tales- men is entitled to compensation fixed by the for summoning jurors.-Carroll County y. Dur- ham (111.) 78. Under Const. 1870, art. 10, $$ 9, 10, and 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 *Under Burns' Ann. St. 1901, 8 6528, sheriff held entitled to the fees paid by the county for each prisoner committed to and discharged Delaware County (Ind. App.) 1025. V. § 14. uors”; SHIPPING. STATES. Courts, see "Courts." 8 1. Proceedings in state court pending bankruptcy proceedings, see "Bankruptcy,” s 1. STATUTES. Charging crime in language of statute, see "in- dictment and Information," 2. Effect of interpretation of federal statutes by federal courts, see "Courts," & 1. $ 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," 8 3; “Chattel Mortgages," $ 4; “Commerce"; "Corporations," 88 2, 4; Costs.' 881-3; “Counties," $ 1; "Courts." $ 2; "Death," $_1; "Descent and Distribution"; Bill of," $ 1; "Executors and Administrators, § 4; "Exemptions"; "Evidence," $ 4; "Fraud. ulent Conveyances, § 1; "Garnishment": "Guardian and Ward," $ 2; “Habeas Cor- pus," $ 2; "Highways," $$ 1, 3 ; "Indictment and Information," § 3; “Intoxicating Liq. “Licenses," § 1; "Limitation of Ac- tions," § 1; "Marriage"; "Master and Serv. ant,' $$ 3-9; "Mechanics' Liens"; "Mines and Minerals," $ 3; "Municipal Corpora- tions,” $ 9; "Prohibition," $ 1; "Railroads, 8 2; "Removal of Causes," 8 1; "Schools and right to specific performance, see "Election of and Counterclaim," § 1; "Street Railroads," '$ 2; "Taxation"; "Wills," $ 6. Acquisition of public waterworks by municipal. Assessments for public improvements, see “Mu- of incumbrances thereon.-Kuhn Statute of frauds, see "Frauds, Statute of." Statutory new trial, see “New Trial," $ 2. in general. *Const. art. 4, § 13, requiring every bill passed probate courts, held unconstitutional because not signed by the President of the Senate, as re- *Parol contract of land held enforceable in quired by the Constitution.-Lynch v. Hutch- inson (III.) 370. § 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 (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, (Ohio) 862. cause v. V. 85. Construction and operation. the manifest intention of the Legislature.- Statutes relating to the same subject, enacted *Statutes in pari materia may be construed Ramer (Ind. App.) 808. to its provisions not suggested by its terms should not be introduced by considerations of a STATUTES CONSTRUED. UNITED STATES. ILLINOIS. Volume 2. Ch. 42, pars. 29, 40, 44.. 701 Ch. 62, pars. 5, 8, 10, 11, 694 80 | Ch. 69, par. 12. 694 935 Art. 10, 88 9, 10 .78, 364 364 Volume 3. 694 CRIMINAL CODE. Ch. 140, pars. 6, 7, 8. 675 $ 272.... 60 STARR & CURTIS' ANNO- TATED STATUTES (SUPP.). 1902. UTES 1899. Volume 4. Ch. 33, 88 23, 10. 42 Ch, 122, § 7 53 379 LAWS. 1875, pp. 63, 64, $ 4. 70 304 'UTES 1901, 387 1901, p. 106, $ 41. 487 1901, p. 107.... 384 1905, p. 186.. 370 89 UTES 1903. 80 Ch. 22, $.3 50 854 INDIANA. Ch. 24, $ 544 383 Ch. 24, $ 545 .383, 384 CONSTITUTION. .383, 384 Ch. 24, § 548 .334, 834 536 Ch. 24, § 564 384 CIVIL CODE 1852. 808 Ch. 32, 8 6. 146 | Art. 41, $8 706, 711. 808 850 Ch. 38, 8 342 689 REVISED STATUTES 1852. 68 Ch. 46, $$ 116, 119. 808 489 18 REVISED STATUTES 1881. 245 99 89 182 692 § 5772 99 68 .56, 487 BURNS' ANNOTATED STATUTES 1901. 258 $ 218 554 $ 237 .250, 646 631 .25, 670 646 42 18 341 927 . . . . . 192 66. § 342, subd, 3... 897 | GENERAL STATUTES 1860. 182 1060 Ch. 46, $ 1..............1042 404 PUBLIC STATUTES. 1030 99, 247 Ch. 54, $ 1..............1042 646 971 REVISED LAWS. 907 655 903 127 208 727 .1042 Ch. 53, $8 6-8, 12, 13. 909 412 Ch. 65, $$ 15, 16. 935 1057 607 Ch. 73, 88 67, 80, 81, 138.. 671 269 Ch. 102, $$ 113, 114. 447 192 203 2:20 Ch. 106, 76. 1048 901 . 207, 228 245 207 Ch. 111, § 1. 655 $$ 1842, 1935. Ch. 111, 88 112, 113. 727 99 Ch. 111, $267. 660 .1068 Ch. 118, § 21. Ch. 126, 88 18, 19. 289 181 Ch. 128, § 13. Amended 649 - 1869, pp. 95, 96, ch. 44, 88 by Laws 1902, p. 370, ch. 986 458 282 1021 881, 3, 4, 7. Amended Ch. 145, $$ 23, 25. 245 455 .181, 400 67) 276 .1048 953 931 906 795 1895, p. 43, 'ch. 21, $5....1030 Ch. 175, š 66.. 723 557 Ch. 198, š 1. 902 Ch. 198, 88 4-7. 127 .10.52 909 980 Amended by Laws 1902, 179 pp. 487, 874, chs. 194, REVISED STATUTES 1836 821 317; Laws 1904, p. 1413, Ch. 24, 8 61..... ..1042 .1032 .1057 1901, p. 235, ch. 118. 980 LAWS. 176 .902, 980 1901, p. 534, ch. 231. 165 1852, p. 172, ch. 244, $ 2.. 663 808 1902, p. 487, ch. 194. ..1032 1869, p. 497, ch, 155.. 663 980 1902, p. 874, ch. 317. ..1032 1872, p. 279, ch. 342. 808 1885, p. 679, ch. 237. 206 892 1894, p. 462, ch. 416. 452 1895, p. 187, ch. 187, $ 7., 956 620 1896, pp. 365, 366, ch. 415, 956 905 167 262, 551, 1027 1898, p. 492, ch. 533. 671 780 1903, p. 340, ch. 193, § 7..1020 1903, p. 276, ch. 415. 286 241 1904, p. 1413, ch. 588... 1032 1903, p. 360, ch. 473, S 7 233 883 48, 88 1, 3, 4, 5, 8.. 961 1903, p. 389, ch. 415. 959 99 1905, p. 202, ch. 123. 750 1904, p. 376, ch. 403, $ 1.. 457 .1025 1905. pp. 281, 286, 88 95, 424 NEW YORK. 751, ch. 169, CONSTITUTION. 881 Art. 6, $ 9..... ..1075 245 CODE OF CIVIL PROCE DU'RE. 176 $ 191 518 $ 419 $ 484 1082 1081 724 620 1905.25 |