III. CONSTRUCTION AND OPERATION. (B) Parties and Debts or Liabilities Secured. N. E. 9. MOTIONS. 958 55 (Mass.) Judge should sign name, and not write initials.-Volpe v. Sensatini, 144 N. E. 104. III. LEGISLATIVE CONTROL OF MUNICIPAL ACTS, RIGHTS, AND LIABILITIES. 114 (111.) Held to secure only payment of annuity. Patterson v. Vermilion Academy, 14465 (Ohio) Power of Legislature to require approve school building plans not abridged.— municipal building inspection department to Niehaus v. State, 144 N. E. 433. 116 (Mass.) Indebtedness other than note held secured, and accommodation indorser could not complain of application of foreclosure proceeds on other indebtedness.-Exchange Trust Co. v. Hitchcock, 144 N. E. 373. (C) Property Mortgaged, and Estates of Parties Therein. 137 (Ind.App.) Mortgagee in possession before foreclosure held to hold legal title as trustee for mortgagor.-Wise v. Layman, 144 N. E. 564. (D) Lien and Priority. 151 (3) (Ind.App.) Laborer's lien for wages superior to that of mortgagee.-Pierce v. Blair, 144 N. E. 842. IV. RIGHTS AND LIABILITIES OF IV. PROCEEDINGS OF COUNCIL OR OTHER GOVERNING BODY. (B) Ordinances and By-Laws in General. certain beverages not to be denied because 111(4) (I.) Power to regulate sale of of Chicago v. Murphy, 144 N. E. 802. other articles are included in ordinance.-City V. OFFICERS, AGENTS, AND EMPLOYÉS. (A) Municipal Officers in General. 24(3) (Ind.) Legislature may create municipal offices and fix qualifications.-Connell v. State, 144 N. E. 882. 138 (Ind.) Citizenship not essential qualiN. E. 882. fication of councilman.-Connell v. State, 144 149 (Ohio) Appointment to vacancy in vilN. E. 264. lage council held valid.-State v. Larsen, 144 194 (Ind.App.) Mortgagee in possession before foreclosure bound to protect mortgagor's interest.-Wise v. Layman, 144 N. E. 564. Duties of mortgagee in possession stated. -Id. 199(1) (Mass.) Second mortgage held para- invested with judicial powers of absent mayor. 168 (Ohio) President pro tem. of council mount to lease.-Burke v. Willard, 144 Ñ. E.-State v. Lanser, 144 N. E. 734. Where tenant refused to pay rent to mortgagee taking possession, leasehold terminated. -Id. Action in tort held maintainable against tenant for mesne profits after mortgagee took possession.-Id. (B) Municipal Departments and Officers Thereof. of uniform may show him unfit.-Coolidge v. 185(1) (Mass.) Conduct of policeman out Bruce, 144 N. E. 397. 185(3) (Mass.) Charge of unbecoming conidge v. Bruce, 144 N. E. 397. duct of policeman held not too remote.-Cool 199(3) (Ind.App.) Mortgagee in sion, failing to account for rents, liable for possesreasonable rental value.-Wise v. Layman, 144 185(7) (Mass.) Charges against police ofN. E. 564. X. FORECLOSURE BY ACTION. (L) Disposition of Proceeds and Surplus. 567(1) (Ind.App.) Rights of owner, taking property subject to mortgage, inferior to those of trustee for bondholders under mortgage.-Pierce v. Blair, 144 N. E. 842. ficer not construed with strictness on review.Coolidge v. Bruce, 144 N. E. 397. ficer should be fairly conducted.-Coolidge v. 185(8) (Mass.) Hearing for removal of ofBruce, 144 N. E. 397. 185(11) (Mass.) Decision of mayor removng officer held not to show removal based on reasons not charged.-Coolidge v. Bruce, 144 N. E. 397. 185(12) (Mass.) Statute held not to prolice officer.-Coolidge v. Bruce, 144 N. E. 397. vide for new trial on review of removal of po VII. CONTRACTS IN GENERAL. 255 (Ohio) Excessive payments by city for advertisements recoverable.-City of Cleveland v. Legal News Pub. Co., 144 N. E. 256. For cases in Dec.Dig. & Am. Dig. Key-No!Series & Indexes see same topic and KEY-NUMBER IX. PUBLIC IMPROVEMENTS. (E) Assessments for Benefits, and Special Taxes. 434(6) (N.Y.) Railroad property exempt from assessments.-New York Cent. & H. R. R. Co. v. City of Yonkers, 144 N. E. 490. Railroad property held subject to assessment. -Id. 513(3) (N.Y.) Railroad held to have lost right to question assessment by failure to proceed under statute.-New York Cent. & H. R. R. Co. v. City of Yonkers, 144 N. E. 490. X. POLICE POWER AND REGULATIONS. (A) Delegation, Extent, and Exercise of Power. 592(1) (Ohio) Municipality may not thwart state law requiring approval of school building plans by requiring fee.-Niehaus v. State, 144 N. E. 433. 625 (III.) Regulatory ordinances must be reasonable.-City of Chicago v. Kautz, 144 N. E. 805. 822 (2) (Ohio) Instruction defining ordinary care as that which similar municipal officers exercised under similar circumstances held error.-Jones v. Village of Girard, 144 N. E. 847. (D) Defects or Obstructions in Sewers, ble for damages through inadequacy of plan of 845 (4) (Mass.) Finding sewer plans did not warrant unrestrained flow of surface water warranted.-Pevear v. City of Lynn, 144 N. E. 379. XIII. FISCAL MANAGEMENT, PUBLIC penditures. Regulatory ordinance void if arbitrary.-Id. 865(1) (Ind.) Debts of corporations covOrdinance regulating weighing of coal, heldering same territory not aggregated, in determining borrowing capacity of one.-Follett v. Sheldon, 144 N. E. 867. invalid.-Id. (B) Violations and Enforcement of Regu lations. 633(2) (Ind.) Suit for penalty for violation of ordinance civil action.-Seibert v. City of Evansville, 144 N. E. 841. XI. USE AND REGULATION OF PUBLIC PLACES, PROPERTY, AND WORKS. (A) Streets and Other Public Ways. 705 (2) (N.Y.) Rights of way of vehicles at street intersection under ordinance.-Goldman v. Stern Bros., 144 N. E. 494. 706(1) (Ind.) Complaint held not to show contributory negligence of bicycle rider.-Fame Laundry Co. of Indiana v. Henry, 144 N. E. 545. 706(3) (Mass.) Skidding of truck, alone, no evidence of negligence.-Lonergan v. American Railway Express Co., 144 N. E. 756. Occurrence of accident on public way not evidence of negligence.-Id. 706(3) (N.Y.) Burden of issue of contribu- 6 (Mass.) Initials do not constitute name. tory negligence on -Volpe v. Sensatini, 144 N. E. 104. defense.-Cooperstein v. Eden Brick & Supply Co., 144 N. E. 501. 706(6) (Mass.) Negligence in operating NATIONAL BANKS. truck held for jury.-Quinn v. Standard Oil Co. See Banks and Banking, 237. of New York, 144 N. E. 53. 706(6) (Mass.) Negligence of truck driver striking pedestrians on sidewalk held for jury. -Lonergan v. American Railway Express Co., 144 N. E. 756. Negligence as to inspection of truck steering gear held for jury.-Id. 706 (7) (N.Y.) Contributory negligence of pedestrian killed by truck held for jury.-Cooperstein v. Eden Brick & Supply Co., 144 N. E. 501. (C) Public Buildings, Parks, and Other Public Places and Property. 721(1) (III.) Municipality cannot appropriate public park to erection of buildings.Melin v. Community Consol. School Dist. No. 76, 144 N. E. 13. XII. TORTS. NAVIGABLE WATERS. I. RIGHTS OF PUBLIC. 1(2) (Ind.) Legislative acts held not to make river navigable stream so that bed did not vest in riparian owners.-Seymour Water Co. v. Lebline, 144 N. E. 30. NEGLIGENCE. See Master and Servant. 329-332; Municipal Corporations, 809–845; Railroads, 330-482; Street Railroads, 81-110. I. ACTS OR OMISSIONS CONSTITUTING (C) Condition and Use of Land, Buildings, and Other Structures. C32(1) (Ohio) Ordinary care required as to (C) Defects or Obstructions in Streets licensee.-Union News Co. v. Freeborn, 144 N. and Other Public Ways. E. 595. 809 (2) (Ohio) Contractor not using reasonable care in leaving dump wagon in street as barricade held liable for injuries to child.-De Groodt v. Skrbina, 144 N. E. 601. 818(2) (Ohio) Evidence of like or greater depressions in sidewalks of other municipalities held prejudicial.-Jones v. Village of Girard, 144 N. E. 847. 822 (2) (Ind.App.) Instruction on care of street held not misleading.-City of Jasonville v. Griggs, 144 N. E. 560. 52 (Ohio) Injury to licensee not warned of dangerous condition of slippery floor held actionable.-Union News Co. v. Freeborn, 144 N. E. 595. III. CONTRIBUTORY NEGLIGENCE. (A) Persons Injured in General. 67 (Mass.) Contributory negligence not excused by being put in position of sudden peril.-Fitzpatrick v. Boston Elevated Ry. Co., 144 N. E. 75. (B) Children and Others Under Disability. NOTES. 85 (3) (Ind.App.) Contributory negligence See Bills and Notes. not imputable to child of tender years.-Terre Haute, Indianapolis & Eastern Traction Co. v. McDermott, 144 N. E. 620. (C) Imputed Negligence. 93(1) (Ind.App.) Instruction on imputed negligence held not erroneous.-City of Jasonville v. Griggs, 144 N. E. 560. NOTICE. 6 (Ind.App.) Possession of owner's brother presumed possession of owner.-Bastin v. Myers, 144 N. E. 425. Possession of real estate is equivalent to constructive notice by record.-Id. TENURE. 5(2) (Ohio) City cannot agree to pay more than statutory rate for advertisements.-City (G) Resignation, Suspension, or Removal. of Cleveland v. Legal News Pub. Co., 144 N. 61 (Ohio) Statute authorizing Governor to E. 256. remove officers in classified service held valid. 62 (Mass.) Statute requiring newspaper-State v. Donahey, 144 N. E. 125. to publish findings of minimum wage commission unconstitutional.-Commonwealth v. Boston Transcript Co., 144 N. E. 400. Statute requiring publication of proceedings of minimum wage commission not valid as amendment to charter.-Id. Reasonable regulations authorized.-Id. (A) Errors and Irregularities in General. 26 (Mass.) Party cannot as matter of right first raise question of law on motion for new trial.-Lonergan v. American Railway Express Co., 144 N. E. 756. III. RIGHTS, POWERS, DUTIES, AND 103 (Ind.) Officers cannot be given arbitrary discretion as to permitting act otherwise lawful.-State v. Douglas, 144 N. E. 548. PARDON. 4 (Ind.) Supreme Court after affirming death sentence and denying rehearing without jurisdiction to stay execution for insanity arising after verdict.-Diamond v. State, 144 N. E. 250. PARENT AND CHILD. See Infants. PARTIES. For parties on appeal and review of rulings as to parties, see Appeal and Error. For parties to particular proceedings or instruments, see also the various specific topics. PARTITION. II. ACTIONS FOR PARTITION. Express company could not for first time 73 (N.Y.) Judgment authorizing sale of on motion for new trial claim nonliability on ground it was under federal control.-Iď. (C) Rulings and Instructions at Trial. 40(3) (Mass.) Question whether verdict should have been directed held not one of jurisdiction of court.-Lonergan v. American Railway Express Co., 144 N. E. 756. (F) Verdict or Findings Contrary to Law or Evidence. 75(1) (Ind.App.) Refusal to grant on grounds not mentioned in statute proper.-Old Reliable Paint Co. v. Storey, 144 N. E. 562. 76(1) (Ind.App.) New trial because recovery excessive unwarranted, where any evidence sustains recovery.-Old Reliable Paint Co. v. Storey, 144 N. E. 562. III. PROCEEDINGS TO PROCURE NEW 151 (Ind.App.) Successful party may file counter affidavits to motion for new trial for newly discovered evidence.-Miller v. Johnson, 144 N. E. 37. property subject to option construed.-McLear v. Balmat, 144 N. E. 914. 113 (Mass.) Judge's finding in action for partition open to review.-Howard v. Smith, 144 N. E. 372. PARTNERSHIP. IV. RIGHTS AND LIABILITIES AS TO THIRD PERSONS. (A) Representation of Firm by Partner. 159 (Mass.) Partners chargeable with knowledge of copartner.-Boston Box Co. v. Shapiro, 144 N. EÈ. 233.. PAYMENT. II. APPLICATION. 38(1) (III.) Rule as to right of debtor to direct application of payments.-Chicago Title & Trust Co. v. Central Trust Co. of Illinois, 144 N. E. 165. 39(1) (III.) Rule as to application of payments.-Chicago Title & Trust Co. v. Central Trust Co. of Illinois, 144 N. E. 165. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 39(5) (III.) Deposit properly applied to IV. PLEADING, EVIDENCE, TRIAL, AND ~~65 (1) (III.) Note presumed paid by parties VI. AMENDED AND SUPPLEMENTAL 237 (3) (Ind.App.) Permitting amendment IX. BILL OF PARTICULARS AND COPY OF ACCOUNT. 316 (Mass.) Court may refuse to order XI. MOTIONS. 352 (Ind.App.) Appropriate method in at- 364(1) (Ind.App.) Refusal to strike mate- For pleadings in particular actions or proceed-367(1) (Ind.) Remedy to confine effect of I. FORM AND ALLEGATIONS IN GENERAL. II. DECLARATION, COMPLAINT, PETI- 49 (Ohio) Where relief sought may be 63 (Ind.App.) Party claiming statutory III. PLEA OR ANSWER, CROSS-COM- DEFENSE. (A) Defenses in General. general averments to particular facts also 367(1) (Ind.App.) Appropriate method in 367(1) (Ind.App.) When motion to make 367 (6), (Ind.) Refusal to require abstract XIII. DEFECTS AND OBJECTIONS, WAIV- 406(5) (Ind.) General averment of ad- duplicity.-409(1) (Ind.) Objection to answer waived. (C) Traverses or Denials and Admissions. 129(2) (Mass.) Descriptive allegations of IV. REPLICATION OR REPLY AND SUBSE- 176 (Ohio) Reply denying receipt of mon- V. DEMURRER OR EXCEPTION. POLICE POWER. See Constitutional Law, 81; Municipal PRACTICE. For practice in particular actions and proceed- PRESCRIPTION. 194(5) (Ind.) Overruling demurrer to ar- See Adverse Possession; Limitation of Actions. Co. v. Lebline, 144 N. E. 30. 201 (Ind.App.) Memorandum to demurrer PRINCIPAL AND AGENT. held too definite to present question of in- See Attorney and Client; Brokers. of frauds.-Indianapolis Abattoir Co. v. Penn II. MUTUAL RIGHTS, DUTIES, AND LIA- 216(1)(Ind.) Rule stated as to effect of 144 N.E.-61 III. RIGHTS AND LIABILITIES AS TO (A) Powers of Agent. 109(1) (Mass.) Authority of agent to ex- (B) Undisclosed Agency. (C) Unauthorized and Wrongful Acts. (E) Notice to Agent. 181 (Mass.) Knowledge of employee of PRINCIPAL AND SURETY. See Guaranty; Indemnity. IV. REMEDIES OF CREDITORS. 162(2) (Mass.) On directing verdict for II. SERVICE. (A) Personal Service in General. 7 (Ind.App.) Owner of land owns whatever PUBLIC IMPROVEMENTS. See Municipal Corporations, 434-513. PUBLIC SERVICE COMMISSIONS. 7 (Ohio) On question whether rate_will Public Utilities Commission has discretion Failure of Public Utilities Commission to 15 (Ohio) Reports of engineers and assist- 192 [New, vol. 12A Key-No. Series] of Com'rs of Marion County, 144 N. E. 877. N. E. 729. 32 (Ind.) Circuit court cannot grant af- 51 (Ind.App.) Statutes regulating service Com'rs of Marion County, 144 N. E. 877. (B) Substituted Service. 83 (Ind.App.) Statutes providing for per- PUBLIC SERVICE CORPORATIONS. QUIETING TITLE. I. RIGHT OF ACTION AND DEFENSES. (C) Publication or Other Notice. 85 (Mass.) Statute permitting service of PROHIBITION. See Intoxicating Liquors. 1. NATURE AND GROUNDS. 4 (N.Y.) Issuance of writ discretionary.- 10(2) (Ind.) Court's attempted appoint- II. JURISDICTION, PROCEEDINGS, AND RELIEF. 34 (N.Y.) Appeal lies only when order or PROMISSORY NOTES. See Bills and Notes. PROPERTY. (II.) "Property" defined.-Shedd v. Pat- 4 (N.Y.) Maxim quiquid plantatur solo, 15 (Mass.) That seller failed to carry out II. PROCEEDINGS AND RELIEF. 35(2) (Ind.App.) Complaint not alleging QUO WARRANTO. II. JURISDICTION, PROCEEDINGS, AND RELIEF. 50 (2) (III.) Plea must allege all conditions RAILROADS. See Street Railroads. I. CONTROL AND REGULATION IN 52 [New, vol. 6A Key-No. Series] (Mass.) Director General of Railroads Express company under federal control may Superior court had jurisdiction of action |