AGREEMENT. See CONTRACT. ALABAMA CLAIMS. "Property" passing to insolvent's assignee, Goreley v. Butler, 8. Equitable attachment of U. S. draft in payment of, McCann v. Randall, 81. Equity will compel delivery of draft for, to owner, Soper v. Manning, 126. ALIMONY. Allowance after decree nisi for divorce, Brigham v. Brigham, 159. AMENDMENT. Count reciting two causes of action, amended, Daley v. B. & A. Railroad, 101. ANALYSIS. Competent expert's, as to liquor held admissible, Com. v. Kendrick, 444. ANNUITY. Capitalizing of, with annuitant's consent, Minot v. Baker, 348. APOTHECARY. Retail, liable for keeping common nuisance, when, Com. v. Pierce, 161. unless purchaser gives certificate stating use, Ib. APPEAL. Objection to Probate Court's jurisdiction by, Cummings v. Hodgdon, 21. Quashing complaint for formal defects too late on, Com. v. Purdy, 29. Question on, from final decree of a single justice, Soper v. Manning, 126. only, if no report of evidence, whether allegations warranted decree, Ib. Only remedy if insolvency court declines to act, McKeown v. Gurney, 192. Foreign administrator's, from probate decree, Martin v. Gage, 204. Superior court's jurisdiction on criminal, Com. v. Whalen, 376. error below no ground for dismissing complaint on, Ib. Trial justice's transmission of copies on criminal, Com. v. Le Clair, 539. New trial ordered on, to allow amendment of papers, Ib. Motion for new trial rightly overruled, Holdsworth v. Tucker, 572. point open but not taken at trial set up, Ib. Filing of copies from lower court on criminal, Com. v. McPherson, 578. ARBITRAMENT. Reference by rule of court rests on parties' agreement, Russell v. Page, 282. Referees under a rule of court may recover fees, when, Ib. assignee paying whole fees may recover moiety under assignment from, Ib. recovery by assignee in the name of, if no objection, Ib. ARREST. Evidence of attempt to escape, held competent, Com. v. Brigham, 414. ARREST OF JUDGMEMT. Denial if error in complaint is clerical, Com. v. Le Clair, 539. Motion in, held to be properly overruled, Com. v. Russell, 545. immaterial errors in officer's return and recognizance, Ib. ARSON. Evidence corroborating accomplice's testimony, Com. v. Chase, 597. ASSAULT AND BATTERY. Evidence of provocation rejected as remote, Dupee v. Lentine, 580. ASSESSMENT INSURANCE. See BENEFICIARY ASSOCIATION. ASSIGNEE AND ASSIGNMENT. Alabama claim passed to insolvent's assignee, Goreley v. Butler, 8. Agreement as to vote for insolvency assignee, bad, Eaton v. Littlefield, 122. evidence as to the actual vote for assignee held immaterial, Ib. No trust under conveyance for creditors, Național Exch. Bank v. Sutton, 131. burden of proof on tenant at will as to such assignment, Ib. Insolvency assignee's disposition of goods receipted for, Wright v. Dawson, 384. Bankrupt's action on note with assignee's assent, Kenyon v. Wrisley, 476. statute limiting actions by assignee held a bar, Ib. ASSUMPSIT. Wrongful receiver of proceeds of draft liable in, Goreley v. Butler, 8. ATTACHMENT. Equity will not enjoin statute remedy by special, Freeman v. Carpenter, 23. Equitable attachment of U. S. draft found here, McCann v. Randall, 81. Bank depositor not chargeable as trustee, when, Moors v. Goddard, 287. Adverse claimants in trustee process, Ib. Non-discharge of surety on bond to dissolve, Doran v. Cohen, 342. by amendment of declaration for same cause of action, 1b. Equitable, of property fraudulently conveyed, Bernard v. Barney, &c. Co. 356. concurrent remedy with attachment at law, Ib. Receipt given for personalty attached, Wright v. Dawson, 384. non-liability of receiptor to attaching creditor, Ib. ATTORNEY AND COUNSEL. Recovery for professional services to ward, Willard v. Lacender, 15. BAIL. Non-discharge by amendment of declaration, Doran v. Cohen, 342. BAILMENT. Bank depositor not chargeable as trustee, when, Moors v. Goddard, 287. Application of collateral security by pledgee, Moors v. Washburn, 344. Pledgee allowed to apply judgment proceeds to debt, Ib. BANKRUPT AND BANKRUPTCY. Action on note by bankrupt payee, assignee assenting, Kenyon v. Wrisley, 476. statute limiting actions by assignee held a bar, Ib. BASTARDY PROCESS. Admissions of respondent in letters to complainant, Sullivan v. Hurley, 287. in letters after alleged begetting and before delivery, Ib. BENEFICIARY ASSOCIATION. Widow and children to share equally under certificate, Jackman v. Nelson, 300. Construction of contract of insurance, Burdon v. Mass Safety Fund Assoc. 360. attachment and distribution of safety fund so called, Ib. expense of managing safety fund, lb. payment into safety fund, when seasonable, Ib. non-payment of assessments avoids certificate, when, Ib. remedy to compel laying of assessment, Ib. failure to pay dues did not forfeit certificate, Ib. BEQUEST. See DEVISE AND LEGACY. BIGAMY. See POLYGAMY. BILLS AND NOTES. See PROMISSORY NOTE. BILL OF LADING. Limit of liability; computation of damages, Brown v. Cunard Steamship Co. 58. BILL OF SALE. Delivery as security for loan; effect, Copeland v. Barnes, 388. BOND. Guardian liable for attorney's services to ward on, Willard v. Lavender, 15. payment held a condition for delivery of deed, Ib. delivering "properly executed warranty deed" merely, insufficient, Ib. no resulting trust raised in favor of copartners, Ib. Non-discharge of surety on, to dissolve attachment, Doran v. Cohen, 342. BOUNDARY. Extreme low-water mark, of flats, when, Sewall & Day Cordage Co. v. Boston Deed purporting to convey to centre of party wall, Cecconi v. Rodden, 161. BREACH. Contract for conditional sale of goods held broken, Blanchard v. Cooke, 215. BROKER. Authority to sell for "about one half cash," Witherell v. Murphy, 417. cash sale held to be authorized by, Ib. revocation held not to deprive of commissions, Ib. BUILDING ACT. Effect of inhibition on recovery of damages, Cecconi v. Rodden, 164. BURDEN OF PROOF. On tenant at will disputing lease, Streeter v. Ilsley, 141. BURNING. Evidence corroborating accomplice's testimony, Com. v. Chase, 597. BURYING-GROUND, Cemetery corporation held not a residuary legatee, Bartlett v. Houdlette, 25. CAPITAL AND INCOME. Disposition of income of trust fund, Fiske v. Eddy, 151. Capitalizing of interest by annuitant's consent, Minot v. Baker, 348. CARRIER. Exclusive privileges to, at railroad station, O. C. Railroad v. Tripp, 35. CASE STATED. Inference of broker's usage not justified by, Hecht v. Batcheller, 335. CEMETERY. Corporation not a residuary legatee, Bartlett v. Houdlette, 25. CERTIORARI. Remedy for irregular laying out of way, O. C. Railroad v. Fall River, 455. CHARITY AND CHARITABLE USES. Trust for, created by will, Minot v. Baker, 348. framing of scheme by the court to carry out, lb. CHECK. Drawing by common treasurer on one of two corporations, Atlantic Cotton wrongful giving to the other not a payment, Ib. knowledge of treasurer imputed to corporation receiving, Ib. CHURCH. See RELIGIOUS SOCIETY. CITY. See TOWN. CLOUD UPON TITLE. Relief refused in equity against, by tax sale, Flax Pond Water Co. v. Lynn, 31. COHABITATION. See ADULTERY. |