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§ 5. Construction and operation.

the manifest intention of the Legislature.—
Proceedings for the improvement of a street State v. Kiley (Ind. App.) 184.
under which no work had been done or liability
accrued prior to the passage of let May 15, at different dates, the later having in view the

Statutes relating to the same subject, enacted
1901 (Laws 1901, p. 534, c. 231), amending the earlier, and being intended as supplementary
Barret Law, under which the proceedings were thereto or amendatory thereof,

are to be treated
instituted, held subject to the provisions of the as in pari materia.-State v. Kiley (Ind. App.)
later act.-Pittsburgh, C., C. & St. L. Ry, Co. 184.
v. Oglesby (Ind. Sup.) 165.

*Statutes in pari materia may be construed
*Acts which have but one subject-matter and accordingly, although not enacted at the same
one purpose in view, although enacted at differ session.-Indianapolis Northern Traction Co. v.
ent times, should be construed together as

Ramer (Ind. App.) 808.
single act of the Legislature.-Cahill v. State In the construction of a statute, an exception
(Ind. App.) 182.

to its provisions not suggested by its terms

should not be introduced by considerations of
*The rule of strict construction of criminal mere convenience.-Morris Coal Co. v. Donley
statutes should be so applied as not to thwart' (Ohio) 945.

a

STATUTES CONSTRUED.

UNITED STATES.

ILLINOIS.

Volume 2.
CONSTITUTION.
CONSTITUTION 1870.

Ch. 42, pars. 29, 40, 44.. 701

Ch. 62, pars. 5, 8, 10, 11,
Amend. 5..
250 Art. 4, § 13
370 12

694
Amend. 14.
.11, 230 Art. 9, 8 8

80 Ch. 69, par. 12..

694
Art. 1, § 8.
935 Art. 10, 88 9, 10

.78, 364
Art. 10, § 13

364

Volume 3.
Ch. 110, par, 84..

694
STATUTES AT LARGE.

CRIMINAL CODE.

Ch. 140, pars. 6, 7, 8.... 675
1888, Aug. 13, ch. 866, § 2,
25 Stat. 434 [U. S. Comp.
$ 272,

60 STARR & CURTIS' ANNO-
St. 1901, p. 509).... 100

TATED STATUTES
1898, July 1, ch. 541, § 16, HURD'S REVISED STAT-

(SUPP.) 1902.
30 Stat. 550 (U. S. Com).

UTES 1899.
St. 1901, p. 3428]. 953

Volume 4.
1898, July 1, ch. 541, § 17,

Ch. 33, 88 23, 10.
850 Ch. 32, par. 53..

42
30 Stat. 550 [U. S. Comp.

Ch, 122, $ 7

53
St. 1901, p. 3428)....25, 511 Ch. 135, 8 4

379

LAWS.
1898, July 1, ch. 541, $$ 47e

1875, pp. 63, 64, $ 4.... 70
(2), Gob, 67e, 30 Stat. HURD'S REVISED STAT- | 1887, p. 159...

304
557, 562, 564 [U. S.

UTES 1901.
1899, p. 276, § 9.

387
Comp. St. 1901, pp. 3438,

1901, p. 106, 8 41.

487
3445, 3449).
258 Ch. 24, 88 590, 605 ..... 583 1901, p. 107..

384
1898, July 1, ch. 541, §

1905, p. 186.

370
60b, 30 Stat. 562 (U. S. HURD'S REVISED STAT- 1905, pp. 194, 317.

89
Comp. St, 1901, p. 3445). 52

UTES 1903.

1905, p. 359.
1898, July 1, ch. 541, $ 63,
30 Stat. 562 [U. S. Comp.

Ch. 22, $ 3

50
St. 1901, p. 3447].
670 Ch. 24, Š 513

854

INDIANA.
1898, July 1, ch. 541, $ 63a,

Ch. 24, § 544

383
30 Stat. 562 (U. S. Comp.

Ch. 24, § 545

383, 384

CONSTITUTION.
St. 1901, p. 3447)...

25 Ch. 24, Š 547 383, 384

Ch. 24, 548
1898, July 1, ch. 541, § 70a

384, 834
......

536
(5), 30 Stat. 565 (U. S.

Ch. 24, § 564

381

CIVIL CODE 1852.
Comp. St. 1901, p. 3451). 723 Ch. 24, $$ 567, 569, 571 . 834
1900, May 25, ch. 553, 31

Ch. 24, $ 590 .388, 834 Art. 41, § 683 et seq.. 808
Stat. 187 (U. S. Comp.

Ch. 32, $ 6..

146 | Art. 41, $8 706, 711..

850
St. 1901, p. 290]...... 1032 Ch. 32, 88.675-678

Ch. 38, 8 342

689 REVISED STATUTES 1852.
Ch. 42, § 106

68
REVISED STATUTES.
Ch. 46, $$ 116, 119..

... 808
88 4520, 4523 [U. S. Comp.

Ch. 51, 8 15.

489
St. 1901, pp. 3073, 3075] 607 Ch. 53, $$ 19, 41, 51, 52, . 78 REVISED STATUTES 1881.
Ch. 78, § 13.
78 $8 1842, 1935.

245
COMPILED STATUTES
Ch. 89. Amended by Laws

$$ 4761, 4762.

99
1905, pp. 194, 317..

89 Š 5318
1901.

182
Ch. 106, $ 1.
692 $ 5772

99
Page 290.
.1032 Ch. 120, $8 182, 188.

68
Page 509.
100 Ch. 120, Š 191.

..56, 487
Pages 3073, 3075.

BURNS' ANNOTATED
607
Page 3428. .25, 511, 953 STARR & CURTIS' ANNO-

STATUTES 1901.
Page 3438

258
TATED STATUTES 1896.

§ 218
Page 3445

554
258, 529

$ 237

631
Page 3447

.25, 670
Volume 1.
$ 294

250, 646
1 Page 3449
258 Ch. 11, par. 29.
6948 336

646
Page 3451
723\Ch. 38, par. 368.

42 18 341

927
• Point annotated. See syllabus.
76 N.E.—77

Art. 13....

.... 808

371 Page 409

. 1060

§ 342, subd. 3...
878 1 $ 7283j

897 | GENERAL STATUTES 1860.
$ 344
529 Š 7283k

182
$ 359a
.1060 7472

Ch. 46, $ 1..............1042
8 367
423 Š 7517

404

PUBLIC STATUTES.
8 368
100 Š 7820

. 1030
8 373
927 Š 7859

.99, 247 Ch. 54, $ 1..............1042
$ 401
787 88 7913, 7918.

646
$ 412
529 $ 7998

REVISED LAWS.

971
505, subd. 4..
560 Š 8041
547 Ch. 11, § 186.

907
555
798 $ 8075
971 Ch. 14, $$ 44, 46.

655
$ 556
889 Š 8103
.1021 Ch. 25, $ 15..

903
8 559
529 $8 8122-8129
443 Ch. 25, § 88.

127
§ 577
327 $ 8273
249 Ch. 47, § 9..

208
$$ 599, 603
892 $ 8441
176 Ch. 48, § 114.

727
8 644
256 Š 8532
318 Ch. 53, § 1..

1042
$$ 647, 647a..
.1020

Ch. 53, 88 6-8, 12, 13. 909
$$ 652, 663.
412 BURNS' ANNOTATED Ch. 65, $$ 15, 16..

935
667

1057
STATUTES (SUPP.)
Ch. 66, § 2..

607
670
787

Ch. 73, $$ 67, 80, 81, 138.. 671
922

269
1905.
Ch. 102, $$ 113, 114..

447
1076
640 8 641g ..
...1020 Ch. 104, $ 27..

192
1182
971 $ 893 et seq.
961 Ch. 104, § 36.

203
1191, subd. 9.
897 $ 1337f
926 Ch. 106..

2:20
1200
795

Ch. 106, 8 76.

1048
1201

901
HORNER'S ANNOTATED Ch. 110, $ 58.

. 207, 228
1337h

245
STATUTES 1901. Ch. 110, 8 69

207
§ 1337j, subd. 2..
517

Ch. 111, § 1.
88 1842, 1935.
§ 1520

245

655
748

Ch. 111, 88 112, 113.
1665
88_4761, 4762, 5772.

727

99
544
87326

Ch. 111, § 267.

660
1021

. 1068 Ch. 118, 21.
88 1740, 8103.

192
1804
.544, 649

Ch. 126, 88 18, 19,

289
1807

181
LAWS.

Ch. 128, § 13. Amended
1829

649 - 1869, pp. 95, 96, ch. 44, 88 by Laws 1902, p. 370, ch.
1907
.1021 14, 17.,

986 458
1911

245 1875, pp. 55, 56, 57, ch. 13, Ch. 128, § 14.
1927

1021 88 1, 3, 4, 7. Amended Ch. 145, 88 23, 25.
s 2012
245 by Laws 1897, p. 253, ch.

Ch. 145, $ 35.
2280
181, 400 167

184 Ch. 159, § 3, ch. 7.

67)
88 2385-2390
250 1875, p. 70, ch. 25.
986 Ch. 159, Š 23.

276
2465
. 1012 1875, p. 121, ch. 82... 986 Ch. 166, § 76.

.1048
2597
542 1877, p. 82, ch. 47.
620 Ch. 168, § 66.

9.73
2628
795 1877, p. 111, ch. 69.
986 Ch. 173, 8, 6, cl. 5.

934
2630a

321, 624 1893, p. 294, chi 130, 8i.. 163 Ch. 173 8 106..
§ 2642
795 1895, p. 43, ch. 21, $ 5. .1030 Ch. 175, Š 66.

724
88 2663, 2665.
781 1897, p. 253, ch. 167.....
184 Ch. 189, Š 24.

723
88_2682, 2688
546 1899, p. 58, ch. 41.

557 Ch. 198, § 1.
2779
763 1899, p. 59, ch. 41

902 Ch. 198, 884-7.
8 3398
889 1899, p. 568, ch. 254.. 536 Ch. 207, 8 1...

127
§ 3623
514 1899, p. 569, ch. 255.. 518 Ch. 208, 58..

.10.52
$ 3977

624 1900,

p. 22,

ch.
20. Ch. 208, § 102,

909
8 4090n

980 Amended by Laws 1902,
$$ 4290, 4297.

179 pp. 487, 874, chs. 194, REVISED STATUTES 1836
88 4350, 4351.

821 317; Laws 1904, p. 1413,
4357b
631

Ch. 24, $ 61.......
ch. 488..

...1042

.1032
4833

.10.57 1901, p. 235, ch. 118. 980
§ 5134 et seq..
808 1901, p. 466, ch. 208.

LAWS.

176
§ 5153..

.902, 980 1901, p. 534, ch. 231. 165 1852, p. 172, ch. 244, $ 2..
$8 5159, 5160.

808 1902, p. 487, ch. 194. .1032 1869, p. 497, ch. 155.
8 5172a

980 1902, p. 874, ch. 317. .1032 1872, p. 279, ch. 342.
Š 5468a. Amended by Laws 1903, p. 92, ch. 34.

808 1885, p. 679, ch. 237.
1903, p. 92, ch. 34. 808 1903, p. 92. ch. 36.

892 1894, p. 462, ch. 416.
$ 5468a, subd. 6a.

323 1903, p. 255, ch. 145, 88 1895, p. 187, ch. 187, $ 7.. 956
§ 54680
892 2, 3...

620 1896, pp. 363, 366, ch. 415,
Š 5468e. Amended by Laws 1903, p. 280. ch. 156.. 243 885, 6-8...

956
1903, p. 92, ch. 36.... 892 | 1903, p. 338, ch. 193

1897, p. 396, ch. 426.
8 5624

167

262, 551, 1027 1898, p. 492, ch. 533. 671
88 5637, 5638, 5639. 967 1903, p. 338, ch. 193, $ 3.'. 443 1902, p. 370, ch. 458.
88 5655, 5660, 5663. 331 1903, p. 339, ch. 193, § 2.. 798 1902, p. 439, ch. 527.
8 5674

780 1903, p. 340, ch. 193, 7..1020 1903, p. 276, ch. 415.
§ 5675

241 1904, p. 1413, ch. 588.....1032 1903, p. 360, ch. 473, §
88 5920a-5920g
883 1905, pp. 59, 61, 63, ch.

7
86028

883

48, 88 1, 3, 4, 5, 8.. 961 1903, p. 389, ch. 415.
88 6317, 6318.

99 1905, p. 202, ch. 123. 750 1904, p. 376, ch. 403, $ 1.. 457
$ 6528

1025 | 1905. pp. 281, 286, 88 95,
$ 6743
1027 107

424
$$ 6818, 6828, 6848. 398 1903, p. 338, ch. 193.

NEW YORK.

551
$$ 6855–6867

751, ch. 169,

CONSTITUTION,
88 6899, 6900.

514
886960, 6961.
811 1905, p. 757, ch. 169, 8

Art. 6, § 9..............1075
$ 6962
.811, 876 699

245
886963, 6967.
811

CODE OF CIVIL PROCE
$ 7083
.163, 408

DURE.
$8 7231a-7231i

176
MASSACHUSETTS.

191

27
$72.55

518
CONSTITUTION.

8 419
887276, 7278, 7279
184

$ 484

1082
88 7283, 7283b.......182, 184 | Art. 4, § 1......... 457 1 $ 500

1081

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620 1905: 677. 678

881

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$ 723

480 CITY CHARTER.
$ 756

BATES' ANNOTATED
338
88 834, 836.

920
Greater New York. Laws

STATUTES 1903.
§ 1022

473
1901, p. 214, ch. 466, 8 $ 1536–185..

396
$ 1023

480
. 1075

18
$ 3235

567
Š 1023. Amended by Laws

8 6565
LAWS.

868
1904, p. 1252, ch. 491.. 472
$ 1337

273 1886, p. 801, ch. 572....
1357

46.
14 1893, p. 1748, ch. 701.

BATES' ANNOTATED
1902

873
463

1895,
$8 2091-2006

STATUTES 1906.
p. 974, ch. 1042. 20
732 1896, p. 797, 8. 4..

18 8 97

862
$82260, 2261.
14 1896, p. 800, ch. 908, 87.. 241025

829
$82369, 2386.

$$ 1536–60, 1536-61. 865
$8 2472, 2481, 2596, 27i2: 870 1896, pp. 893, 938, ch. 909,

§ 84,
28 $ 3471-1

390
§ 2726
274 1897, pp. 515, 516, ch. 418,

$$ 4364-205, 4364-20c. 95
$ 2731

870
8$ 2, 3..
153 $ 4479

390
2743
480 1901, p. 214, ch. 466, § 480.

$ 4990

503
$$ 3053, 3057.

925
Greater New York Cbar $8 5066–5077

943
$ 3405

14
ter
18 / $ 5441

910
CODE OF CRIMINAL PRO- 1904, p. 1232, ch. 491

1904, p. 1053, ch. 432.
11 | $ 5727

862
$ 5964

615
CEDURE.

472, 1075 $ 5971

503
8
592

$ 6134a. Amended by Laws
88 485, 516, 519, subd. 3.. 732

OHIO.
1902, p. 401.

91
PENAL CODE.

§ 6723

823
CONSTITUTION.
$ 6871 et seq.

945
$ 290, subd. 5....
17

$ 7263

291
§ 556
209 Art. 1, § 10.

291
Art. 4, § 7.

916
REVISED STATUTES.

LAWS.
Art. 17, 88 1, 2.

946
First Edition.

1852, p. 84.

862
REVISED STATUTES 1892.

1875, p. 79.

862
Volume 1.

1891, p. 296.

390
Pt. 1, ch. 20, tit. 8, § 9... 36

$ 1069

564 1896, p. 220, ch. 272, $ 22. 870
$$ 4357, 4358.

397
Volume 2.

1902, p. 239...

865
$$ 6134, 6135.
505 | 1902, pp. 391, 406.

619
Pt. 2, ch. 6, tit. 1, § 52... 157 '$8 6407, 6708.

619 1902, p. 401...

91

see

STENOGRAPHERS.

dinance of the city thereby binds itself to com-

ply with the requirements of the ordinance.-
As county officers, see "Counties," $ 1. Cincinnati, L. & A. Electric St. R. Co. v.

Stahle (Ind. App.) 551.
STOCK.

Rev. St. 1903, § 1536–185, held to confer on

property owner the privilege of withholding his
Of unincorporated associations, "Joint consent to grant of street railroad franchise, but
Stock Companies.”

not to grant him the privilege of limiting his con-

sent to a particular corporation or individual.
STOCKBROKERS.

-Forest City Ry, Co. v. Day (Ohio) 396.
See “Brokers."

§ 2. Regulation and operation.

Burns' Ann. St. 1901, § 5168a, subd. 6a, ex-

tending the powers of interurban street rail-
STOCKHOLDERS.

roads, held not objectionable as extending rights

of such railways over the streets of a city with-
Of corporations, see "Corporations,”_ $ 3. out its consent.--Roberts v. Terre Haute Elec-
Of unincorporated associations, see "Joint Stock tric Co. (Ind. App.) 323.
Companies."

The right of a street railway company to run

freight cars over its lines cannot be collaterally
STOLEN GOODS.

attacked in an action for personal injuries

caused by the operation of such cars.-Roberts
See “Receiving Stolen Goods.”

v. Terre Haute Electric Co. (Ind. App.) 323.

Plaintiff in an action for injuries to his ward
STORAGE.

by street car held not entitled to prove that the
See "Warehousemen."

latter was of weak mind, as a part of his main
case, where such fact had not been pleaded, but

could show it in rebuttal.--Roberts v. Terre
STREET RAILROADS.

Haute Electric Co. (Ind. App.) 323.
Admissions as evidence in action for injuries Complaint against street railway for injuries
caused by operation of, see “Evidence," $ 5.

caused by collision with a team held to suffi-
Carriage of passengers, see "Carriers."

ciently charge negligence.-Cincinnati, L. & A.
ITU Contributory negligence in general of person Electric St. R. Co. v. Stahle (Ind. App.) 551.

injured by operation of, see “Negligence," A city ordinance restricting the speed of
$82, 4.

street cars between crossings to six miles an
Evidence of res gestæ in action for injuries hour, and over crossings to four miles au hour,

caused by operation of, see "Evidence,” g 3. is not unreasonable.—Cincinnati, L. & A. Elec-
§ 1. Establishment, construction, and tric St. R. Co. v. Stahle (Ind. App.) 551.
maintenance.

A city ordinancé limiting the speed of electric
A street railroad company which uses and oc cars will not be interfered with by the courts
cupies the streets of a city by virtue of an or-1 except for good cause shown.--Cincinnati, L.

* Point annotated. See syllabus.

a

& A. Electric St. R. Co. v. Stahle (Ind. App.)

SUNDAY.
551.

*In an action against a street railway for Mandamus to compel enforcement of Sunday
injuries caused by a collision, the question of

laws, see “Mandamus," $ 2.
contributory negligence is primarily one for the
jury, to be determined from the facts of the par-

SUPREME COURTS.
ticular case.-Cincinnati, L. & A. Electric St.
R. Co. v. Stahle (Ind. App.) 551.

See “Courts," $ 3.
In an action against a street railway for in-
juries caused by collision, instructions on

SURETYSHIP.
question of negligence which was not charged
against defendant were properly refused. - Cin- See “Principal and Surety.”
cinnati, L. & A. Electric St. R. Co. v. Stahle
(Ind. App.) 551.

SURPRISE.
*In an action for injuries to plaintiff by
being struck by a freight car operated by a Ground for continuance, see "Continuance."
street railway, evidence held to require sub-
mission of defendant's negligence to the jury.

SURVIVING PARTNERS
-Roberts v. Terre Haute Electric Co. (Ind.
App.) 895.

See “Partnership,” g 3.
In an action against a street railway company
for injuries sustained in a collision with a street
car, the question of the negligence of the

SURVIVORSHIP.
motorman held for the jury: - Logan 1. Old
Colony St. Ry. Co. (Mass.) 5ió; White v. Same, of devisees or legatees, see “Wills,” $ 5.
Id.
*It is not negligence as a matter of law to

SWINDLING.
drive a team so near a street car track that a
car going in the same direction will collide

See "False Pretenses."
with it. - Logan v. Old Colony St. Ry. Co.
(Mass.) 510; White v. Same, Id.

TAXATION.
In an action against a street railroad com-
pany for injuries to plaintiff's horse, which it Authority of Legislature to validate after
was alleged was frightened by one of defend-

adjudication as to invalidity, see "Constitu-
ant's cars, evidence held to justify submission

tional Law," § 1.
to the jury of the question of plaintiff's con-

For railroad donation, see “Railroads," $ 2.
tributory negligence. Joyce v. Exeter, H. & Liability of county for delinquency of treasurer
A. St. Ry. Co. (Mass.) 1034.

in collecting township taxes, see “Counties,"

8 2.
In an action against a street railroad com- Validating tax levy as interference with vested
pany for injuries to plaintiff's horse, which it rights, see “Constitutional Law," $ 3.
was alleged was frightened by one of defend-
ant's cars, evidence held to justify submission

Local or special taxes.
to the jury of the question of defendant's negli- See "Drains," $ 2; “Highways," $ 3.
gence. -Joyce v. Exeter, H. & A. St. Ry. Co.

Assessments for municipal improvements, see
(Mass.) 1054.

"Municipal Corporations," $88, 9.
STREETS.

Occupation or privilege taxes.

See "Licenses," $ 1.
See “Highways"; "Municipal Corporations,"
88 5-9, 11, 12.

§ 1. Constitutional requirements and

restrictions.

If a transient merchant has paid taxes on
SUBROGATION.

his goods in one county, he is excused from

payment of further taxes for that year in an-
Where an intermediate grantor who had as- other county on substantially the same stock. -
sumed a mortgage on the land conveyed the same Simoyan v. Rohan (Ind. App.) 176.
to a grantee who also assumed the mortgage, Under Const, art. 4, § 1, and St. 1904. p. 16,
such grantor on paying a foreclosure decree, was
subrogated to the rights of the holder thereof.- of selling, giving, etc., trading stamps in con-

c. 403, § 1, the right to conduct the bus...ess
Oglebay v. Todd (Ind. Sup.) 238.

nection with the sale of articles, held not a
An administrator who pays for funeral ex- commodity within the meaning of the Consti-
penses and obtains a judgment on such claims tution. O'Keeffe v. City of Somerville (Mass)
against the surviving husband of his intestate,

457.
acquires no greater right than the original St. 1904, p. 376, c. 403, § 1, imposing an es-
creditors to reach exempt property of the hus- cise tax on the business of selling, giving, or
band.-Weaver v. Gray (Ind. App.) 795. delivering trading stamps, etc., in connection

with the sale of articles, held invalid under
SUCCESSIVE APPEALS.

Const. art. 4.-O'Keeffe v. City of Somerrile

(Mass.) 457.
See "Appeal and Error," § 1.

§ 2. Liability of persons and property.

Under Rev. Laws, c. 14, $$ 446, and chap

ter 111, § 1 (Stat. 1872, p. 279, c. 342), a rail.
SUIT.

way company held liable to a tax upon its eart-
See “Action."

ings.-McDonald Union Freight R. Co.

(Mass.) 655.
SUMMONS.

*Under Laws 1896, p. 797, c. 90S; $ 4, and

New York City Charter (Laws 1901. p. 214.
See “Process."

c. 466, § 480), constructions placed upon land
• Point annotated. See syllabus.

v.

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belonging to the city of New York situated the transfer tax determined.—In re Palmer's
outside of the city limits, in connection with Estate (N. Y.) 16.
the waterworks system, are assessable for tax-
ation.— In re City of New York (N. Y.) 18.
*Foreign corporation held, under the evi-

TEACHERS.
dence, doing business in the state, and liable See "Schools and School Districts,” s 1.
to taxation under Laws 1896, p. 800, c. 908,
8 7.—People v. Wells (N. Y.) 24.
$ 3. Levy and assessment.

TELEGRAPHS AND TELEPHONES.
The value of the stock of a transient mer-

Mandamus to telegraph company, see "Man-
chant for the purpose of an assessment under
Burns' Ann. St. 1901, $ 8441, providing for the

damus," $ 3.
assessment of the stock of such a merchant, is 8 1. Establishment, construction, and
to be determined at the time and place the

maintenance.
owner temporarily locates and offers the stock

In an action by a telephone company against
for sale.-Simoyan v. Rohan (Ind. App.) 176. a city, asking that the court direct in what

Where the vendee of coal underlying land manner plaintiff may construct its line along
desires to have that part of the premises trans-

the streets, the company must prove its incor-
ferred by the county auditor into his name on poration and the election of directors, and on
the tax list, under Rev. St. 1906, § 1025, he

a plea of general issue the burden is on the
must present the county auditor evidence of title company to establish such claim.-Queen
and satisfactory proof of the value of such City Telephone Co. v. City of Cincinnati (Ohio)
coal.--Dye v. State (Ohio) 829.

392.
A petition for mandamus to compel the county

A petition by a telephone company against
auditor to transfer a part of lands, under Rev. the city to determine the manner in which
St. 1906, $ 1025, on the tax list, to the name of plaintiff may construct its line held not to jus-
the purchaser, which fails to allege that compe- tify any order or judgment in its favor.-
tent' evidence was offered of the value of such Queen City Telephone Co. v. City of Cincin-
part, held fatally defective.—Dye v. State

nati (Ohio) 392.
(Ohio) 829.

Under Acts 1891, p. 296 (Bates' Ann. St. $
In mandamus against county auditor to com- 3471-1), authorizing telephone companies to
Kpel him, under Rev. St. 1906, § 1025, to transfer maintain wires underground, the probate
certain real estate on the tax list to the name

court has no power to grant a telephone com-
of the relator, the existence of all the material pany the right in the absence of the consent of
facts necessary to put the auditor in default the municipal authorities.—Queen City Tele-
must be pleaded and proved.-Dye v. State phone Co. v. City of Cincinnati (Ohio) 392.
(Ohio) 829

$ 2. Regulation and operation.
$ 4. Payment and refunding or recov Quotations of a board and the method of
ery of tax paid.

supplying them held impressed with a public in-
A complaint to restrain the collection of taxes terest, so that the same must be supplied on
on an increased assessment, and to recover taxes equal terms to those desiring them. - Western
paid under protest, failing to allege that the in- Union Telegraph Co. v. State (Ind. Sup.) 100.
creased assessment was unjust, inequitable, or
in excess of the actual value of the property, company to deliver the quotations of a board

Mandamus does not lie to compel a telegraph
held fatally defective.—People's Gas, Electric of trade to one who refuses to agree not to use
& Heating Co. v. Harrell (Ind. App.) 318.

them for the purpose of running a bucket shop.
In an action to recover taxes paid on an al -Western Union Telegraph Co. v. State (Ind.
leged excessive valuation, it would be presumed, Sup.) 100.
in the absence of an allegation to the contrary,
that the notice required by Burns' Ann. St. while suffering from typhoid fever held not the

The rupture of an intestine by plaintiff
1901, $ 8532, to be published by the board of re- probable consequence of a delay in delivering a
view contained plaintiff's name as one of those telegram calling for a nurse, so as to entitle
whose assessment was intended to be reviewed. plaintiff to recover for such injury.--Kagy v.
--People's Gas, Electric & Heating Co. v. Har- Western Union Telegraph Co. (Ind. App.) 792.
rell (Ind. App.) 318.

In an action for delay in delivery of a tele-
§ 5. Tax titles.

*Where a bill is filed to set aside a tax deed, gram, plaintiff held not entitled to recover for a
it is a condition precedent to relief that the com- and suffering occasioned by defendant's negli-

physical injury resulting from mental anxiety
plainant shall reimburse the bolder of the deed
for moneys expended, with interest thereon. gence. - Kagy_v; Western Union Telegraph Co.

(Ind. App.) 792.
-Glos v. Garrett (III.) 373.

In a suit to remove cloud, evidence held suffi-
cient to support the allegation of the bill as to

TENANCY IN COMMON.
complainant's ownership.-Glos v. Garrett (III.)
373.

Devise of land held in common, see "Wills," § 1.
Tender in proceeding, to set aside quitclaim 8 1. Mutual rights, duties, and liabili.
deed held sufficient to charge certain defendant

ties of co-tenants.
with payment of a part of the master's charges. *Exclusion of co-tenants by tenant in pos-
-Glos v. Garrett (II.) 373.

session held properly shown by acts construct-
*Complainant in suit to set aside tax deed hela ively amounting to denial of their right to pos-
not entitled to costs where he fails to tender the session.—McCrum v. McCrum (Ind. App.) 415.
amount paid at the tax sale, with subsequent Where tenant in common negligently allowed
taxes, costs, and interest, and to keep such ten stock to eat up crops, co-tenants held entitled
der good by bringing the money into court. to the fair value of such crops if they had not
-Glos v. Garrett (Ill.) 373.

been destroyed.—McCrum v. McCrum (Ind.
$ 6. Legacy, inheritance, and transfer App.) 415.
taxes.

*Tenant in possession held not bound to ac-
*Basis for taxation of stock of domestic cor count to co-tenants for use and occupation in
poration held by nonresident decedent under absence of agreement or demand by them for

* Point annotated. See syllabus.

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