p12 (Ind.) Adoption of one of statutory rem- edies for review of judgment waives other.- Talge Mahogany Co. v. Astoria Mahogany Co., 145 N. E. 495.
III. DECISIONS REVIEWABLE.
(D) Finality of Determination.
~76(1) (Ind.) Appeal will lie only from "final judgment."-Louden v. Elice, 145 N. E. 763.
80 (6) (III.) Appeal lies from part of de- cree dealing with particular subject, and op- erates as severance in trial court of parties and questions not concerned in appeal.-Hoier v. Kaplan, 145 N. E. 243.
Order of dismissal of petition with respect to certain items held appealable.-Id.
84(1) (Mass.) Appeal from appellate di- vision, reversing rulings and ordering new trial, held premature.-Matson v. Sbrega, 145 N. E. 35.
(E) Nature, Scope, and Effect of De-
any, held waived.-Southern Ry. Co. v. Wahl, 145 N. E. 523.
265(1) (Ohio) Defendant taking no excep- tion, judgment for nominal damages for wrong- ful refusal to transfer stock is conclusive as to conversion.-Cincinnati Finance Co. v. Booth, 145 N. E. 543.
265 (2) (Ind.App.) Where neither party ex- cepted to trial court's conclusion of law, er- ror in stating_it_waived.-Sansberry v. Cor- nelius, 145 N. E. 521.
(D) Motions for New Trial.
300 (Ind.App.) Motion for new trial. not filed within 30 days after filing of court's special findings, too late; "decision."-People's State Bank v. Buchanan, 145 N. E. 898.
301 (Ind.App.) Error in overruling plea in abatement must be presented by motion for new trial thereof.-Kanouse v. Ballard, 145 N. E. 441.
Motion for new trial not based on any of 112 (Ind.App.) Appellate court may as- statutory grounds not considered.-Id. sume jurisdiction on appeal to set aside judg-302 (5) (Ind.App.) Objection to finding not ment, void for want of jurisdiction.-Crowell considered, since not assigned as error or rais- v. Crowell, 145 N. E. 780. ed in motion for new trial.-Andrews v. Peters, 145 N. E. 579.
113(2)(Ind.) Expiration of time to appeal before suing to review judgment in circuit court, precludes appeal from judgment in suit to re- view.-Talge Mahogany Co. v. Astoria Mahog- any Co., 145 N. E. 495.
V. PRESENTATION AND RESERVATION IN LOWER COURT OF GROUNDS OF REVIEW.
VII. REQUISITES AND PROCEEDINGS FOR TRANSFER OF CAUSE.
(A) Time of Taking Proceedings. 351(2) (Ind.App.) Steps necessary to per- fect term-time appeal.-People's State Bank v. Buchanan, 145 N. E. 898. Term-time appeal held duly taken.-Id. (B) Petition
Prayer, Allowance, and Certificate or Affidavit.
(A) Issues and Questions in Lower Court. 173(2) (Mass.) Matters not urged before auditor or at trial not considered on appeal.- Greenburg v. Stoehrer & Pratt Dodgem Cor-361(1) (Ind.App.) Formal prayer for term- poration, 145 N. E. 824. time appeal unnecessary.-People's State Bank v. Buchanan, 145 N. E. 898.
173(9) (1.) Defense of estoppel not made below cannot be entertained.-People v. Engle, 145 N. E. 231.
174 (Ind.App.) Question of plaintiff's right to maintain action for lack of mental capacity not considered when not raised below.-South- ern Ry. Co. v. Wahl, 145 N. E. 523.
(B) Objections and Motions, and Rulings
187(3) (III.) Objection that beneficiaries are not parties to suit respecting trust prop- erty available on appeal.-Ambos v. Glos, 145 N. E. 639.
193(1) (III.) Insufficiency of declaration for recall of judgment of dismissal not pre- sented, in absence of demurrer, plea, or other proper objection.-Harris v. Chicago House- Wrecking Co., 145 N. E. 666.
~525(1)(II.) Propositions submitted to court and rulings not considered, unless incor- porated in bill of exceptions.-National Can Co. v. Weirton Steel Co., 145 N. E. 389. 205 (Mass.) Prejudice by exclusion of evi-525(1) (Ind.App.) Error in giving instruc- dence not shown, in absence of offer of show- tions not considered, since not properly brought ing as to expected answer.-Cambridge Motor into record.-Kanouse v. Ballard, 145 N. E. Co. v. Estabrook, 145 N. E. 465. 441.
215(1) (Mass.) Question of erroneous in-527(1) (III.) Verdict and findings part of struction not open for first time in Supreme record.-National Can Co. v. Weirton Steel Co., Court. Kenyon v. Vogel, 145 N. E. 462. 145 N. E. 389.
218(1) (Ind.App.) Error in returning gen-528(1) (Ind.App.) Error in overruling mo- eral verdict in action for personal injuries, if tion for new trial not presented by bill of ex- any, held waived.-Southern Ry. Co. v. Wahl, ceptions presented to trial judge after close of 145 N. E. 523. term. Conover v. Cooper, 145 N. E. 779.
228 (Ohio) Exceptions to entry of rever-529(I) (III.) Judgment part of record.- sal and remand held sufficient for review by National Can Co. v. Weirton Steel Co., 145 N. Supreme Court.-Gibbs v. Scioto Valley Ry. & E. 389. Power Co., 145 N. E. 854.
233(1) (Ind.) Act of counsel in personal (C) Necessity of Bill of Exceptions, Case, injury action held not to require new trial, in absence of proper objection.-Louisville & N.544(1) (Ohio) Errors predicated on alleged R. & Lighting Co. v. Beck, 145 N. E. 886. bill of exceptions not considered, where no bill of exceptions taken or filed.-Marriott v. Hawk, 145 N. E. 287.
236(2)(.) Defendant not requesting or moving for leave to file special pleas after amendment of declaration cannot complain of court's refusal.-Oberman v. Camden Fire Ins. Ass'n, 145 N. E. 351.
Issues raised held not before court in ab- sence of bill of exceptions or allowance of transcript.-Id.
237 (6) (Ind.App.) Error in returning gen-549(1) (II.) Exceptions to rulings cannot eral verdict in action for personal injuries, if be preserved by mere recitals in judgment or
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
order. Harris v. Chicago House-Wrecking Co. 145 N. E. 666.
(F) Making, Form, and Requisites of Transcript or Return.
608(1) (III.) Transcript of record not in accordance with rules.-Road Dist. No. 4 v. Frailey, 145 N. E. 195.
(H) Transmission, Filing, Printing, and Service of Coples.
628 (2) (Ohio) Nonfeasance of clerk in fur- nishing transcript not ground for dismissal of petition in error, where transcript filed im- mediately on discovery thereof.-Columber v. City of Kenton, 145 N. E. 12.
(K) Questions Presented for Review.
pages where they and evidence can be found.— Trick v. Eckhouse, 145 N. E. 587.
773(5) (Ind.) Appellees' failure to file brief regarded as confession of error.-Pittsburgh, C., C. & St. L. R. Co. v. Linder, 145 N. E. 885. to controvert 773 (5) (Ind.App.) Failure error assigned in brief can be taken as confes- sion of error.-Marion Malleable Iron Works v. Baldwin, 145 N. E. 559.
(A) Scope and Extent in General. 842(1) (Ind.App.) When assessments un- der Ohio laws were made and when they be- came lien held questions of fact for trial court. -Noffsinger v. Tritt, 145 N. E. 783.
842(1) (Mass.) Remark of judge concern- ing counsel's argument held not ruling as to pertinent question of law which could be sub- ject of exception.-O'Neill v. Ross, 145 N. E. 60.
692 (1) (Mass.) Prejudice by exclusion of evidence not shown, in absence of offer or show- ing as to expected answer.-Cambridge Motor 843(3) (Ind.App.) On showing that appel- Co. v. Estabrook, 145 N. E. 465. lant received substantial justice, consideration of alleged erroneous rulings as to admission of evidence not necessary.-Charters v. Citi- zens' Nat. Bank of Peru, 145 N. E. 517.
694(1) (Mass.) Findings not set aside where evidence not reported.-Gadreault v. Sherman, 145 N. E. 49.
694(1) (Mass.) Finding that petitioner for appointment of conservator was not friend of respondent one of fact, and conclusive, in ab- sence of evidence.-Flaherty v. Whitin, 145 N. E. 51.
694(1) (Mass.) Facts found by master, unless inconsistent, must stand, where evi- dence not reported.-Porter v. Spring, 145 N. E. 52.
694(1) (Mass.) Master's finding that bro- ker was procuring cause of sale must stand, if based on unreported evidence, but not if mere inference from other findings.-Nichols v. Ath- erton, 145 N. E. 277.
846 (6) (Ind.App.) Decisions of courts of Illinois not controlling where trial court failed to make any findings as to law of Illinois.--New York Life Ins. Co. v. Adams, 145 N. E. 499. (B) Interlocutory, Collateral, and Supple- mentary Proceedings and Questions.
874 (1) (III.) Cross-error questioning or- der of reinstatement, on appeal from subse- quent order striking case from docket, not con- sidered.-Harris v. Chicago House-Wrecking Co., 145 N. E. 666.
(C) Parties Entitled to Allege Error.
694(1) (Mass.) Findings of fact conclusive,878(1) (Mass.) Prevailing party_without where evidence not reported.-Roach v. Sturdy, concern with requests for ruling.-Davis v. 145 N. E. 429. 694(1) (Mass.) Finding of master must Smith-Springfield Body Corporation, 145 N. E. 434. stand, where evidence unreported.-Pietrzkyow- ski v. Legault Housing Corporation, 145 N. E. 466.
901 (Ind.App.) Burden on appellant to show reversible error.-Trick v. Eckhouse, 145 N. E. 587.
696(1) (Mass.) General finding for defend- ant must stand, unless wholly unwarranted as matter of law, where evidence not reported.-907 (2) (Ind.App.) No presumption of im- Gorman v. MacPherson, 145 N. E. 421. proper allowance for attorney fees.-Trick v. Eckhouse, 145 N. E. 587.
708 (Ind.) Overruling motion to modify judgment held not available as error in absence of special findings.-Louisville & N. R. & Light- ing Co. v. Beck, 145 N. E. 886.
XI. ASSIGNMENT OF ERRORS.
719(8) (Ind.App.) Objection to finding not considered, since not assigned as error.-An- drews v. Peters. 145 N. E. 579.
907 (2) (Mass.) Intent to elect curtesy held not inferable in direct contravention of actual intent found by master.-Porter v. Spring, 145 N. E. 52.
916(1) (Ind.App.) Failure of party to pro- cure reply to answer is waiver thereof, and averments of answer will be taken as denied.- Costigan v. Schalk, 145 N. E. 510.
927 (2) (III.) Order reinstating cause after term in which dismissed assumed made in stat- utory proceeding. Harris v. Chicago House- Wrecking Co., 145 N. E. 666.
721 (1) (Ind.App.) Joint assignment of er- ror must be good as to all that join therein. City of Huntingburg v. State, 145 N. E. 443. 721(2) (Ind.App.) Appellate court preclud-930(1) (Ind.) Appellate Court required to ed from discussing demurrer on merits where assignments of error not good as to all parties joining therein.-City of Huntingburg v. State, 145 N. E 443.
733 (III.) Whether judgment unsupported by record, reviewable in Supreme Court on ap- peal from Appellate Court-National Can Co. v. Weirton Steel Co., 145 N. E. 389.
assume that verdict was based on evidence suffi- cient to sustain it.-Louisville & N. R. & Light- ing Co. v. Beck, 145 N. E. 886.
931 (1) (Ind.) Appellate Court must accept as true evidence that trial court believed and acted upon.-Montgomery v. Pierson, 145 N. E. 771.
931 (5) (Mass.) Assumed that trial judge in making finding considered all material evi- dence.--Graustein v. Wyman, 145 N. E. 450.
(F) Discretion of Lower Court.
758(2) (Ind.App.) Exclusion of evidence not considered in absence of showing of objec- tions and exceptions.-Trick v. Eckhouse, 145983 (3) (II.) Chancellor's discretion in re- N. E. 587. viewing master's acts not interfered with on review, unless abused.-Worden v. Rayburn, 145 N. E. 101.
758(3) (Ind.) Mere assertion that request- ed instruction stated law correctly on issues, without showing particular application, pre- sents no question.-General American Tank Car Corporation v. Melville, 145 N. E. 890.
(G) Questions of Fact, Verdicts, and Findings.
760 (2) (Ind.App.) Exclusion of evidence 992 (Ind.App.) Proof of loss as basis for not considered in absence of showing of ob- secondary evidence question for trial court.- jections and exceptions or reference to record Kanouse v. Ballard, 145 N. E. 441.
994(1) (III.) Supreme Court does not de- | 1052(5) (Mass.) Verdict for defendant termine credibility of witnesses.-Phillabaum v. rendered evidence of price paid by defendant Lake Erie & W. R. Co., 145 N. E. 806. for land as basis of amount of compensation 994 (3) (Mass.) Denial of rulings for judg- immaterial.-O'Neill v. Ross, 145 N. E. 60. ment, dependent on credibility of witnesses, not 1052(8) (III.) Admission in ejectment of reviewable.-Mantalbano v. Goldman, 145 N. E. proof of dissolution of injunction against boundary fence held harmless error; judgment being for right party.-Kesl v. Cobine, 145 N. E. 148.
995 (11.) Supreme Court does not weigh evidence.-Phillabaum v. Lake Erie & W. R. Co., 145 N. E. 806.
996 (Ind.) Where facts showed defendant's negligence and plaintiff's freedom therefrom, verdict for plaintiff is binding.-General Ameri- can Tank Car Corporation v. Melville, 145 N. E. 890.
996 (Mass.) Master's finding that broker was procuring cause of sale must stand, if based on unreported evidence, but not if mere inference from other findings.-Nichols Atherton, 145 N. E. 277.
1052 (8) (Ind.) Errors in admission of evi- dence, in suit to set aside deed for undue in- fluence, held harmless.-Montgomery v. Pierson, 145 N. E. 771.
1054(1) (Mass.) Any error in admitting testimony of plaintiff's statements held harm- less, when master considered case independent- ly of such statements.-Jameson v. Hayes, 145 N. E. 457. V.1056 (1) (Mass.) Exclusion of evidence concerning price paid by defendant for land 1001 (1) (III.) Appellate Court is author- held harmless.-O'Neill v. Ross, 145 N. E. 60. ized to reverse, with finding of facts, only 1064(1) (Ohio) Statement in general where evidence is lacking.-Roe v. Roe, 145 N. charge that defendant in cross-petition raised E. 804. claim of contributory negligence held without prejudicial_error.-Gibbs v. Scioto Valley Ry. & Power Co., 145 N. E. 854.
1002 (N.Y.) Conflicting testimony must yield, so far as necessary, to plaintiff's version, on appeal from judgment for plaintiff.-Shirley 1064 (4) (Ind.) Giving of inaccurate in- v. Larkin Co., 145 N. E. 751. struction, which did not affect result, held with- 1004 (3) (Ind.) $35,000 damages for leg out reversible error.-General American Tank crushed off and other injuries held not excessive. Car Corporation v. Melville, 145 N. E. 890. -General American Tank Car Corporation v. 1068 (3) (Mass.) Plaintiff not harmed by Melville, 145 N. E. 890. instructions, unless case one for jury.-Barber v. Rathvon, 145 N. E. 866.
1009 (4) (II.) Chancellor's finding of dam- ages from construction of dam not disturbed 1068(5) (Mass.) Plaintiff not harmed by unless palpably contrary to weight of testi- instructions, unless case one for jury.-Barber mony.-Deterding v. Central Illinois Public v. Rathvon, 145 N. E. 866. Service Co., 145, N. E. 185.
1010(1) (Mass.) Finding reversed, where evidence does not support it.-Inhabitants of Lanesborough v. Inhabitants of Ludlow, 145 N. E. 57.
(1) Error Waived in Appellate Court. 1078(1) (Mass.) Exceptions not argued waived.-Davis v. Smith-Springfield Body Cor- poration, 145 N. E. 434.
1010(1) (Mass.) Findings of fact by trial judge held final, if supported by evidence.-Da-1078(1) (Mass.) Questions not discussed in vis v. Smith-Springfield Body Corporation, 145 brief waived.-Gauthier v. Quick, 145 N. E. N. E. 434. 436.
1011(1) (Ind.) Appellate court cannot re- 1078(3) (Ind. App.) Objections to com- verse judgment on weight of conflicting evi- plaint in memorandum held to present nothing dence.-Blain v. City of Delphi, 145 N. E. 764. for consideration of appellate court.-Southern ~1011(1) (Ind.) Appellate Court cannot dis- Ry. Co. v. Wahl, 145 Ñ. E. 523. turb trial court's finding supported by evidence. -Montgomery v. Pierson, 145 N. E. 771.
1078 (4) (Mass.) Exceptions to admission of evidence not argued are waived.-Sullivan v. Northridge, 145 N. E. 460.
(J) Decisions of Intermediate Courts.
1083(1) (I.) When findings not reviewed in Supreme Court on appeal from Appellate Court.-National Can Co. v. Weirton Steel Co., 145 N. E. 389.
1091(1) (N.Y.) Defendants' evidence as- sumed true on appeal from judgment affirming judgment on directed verdict for plaintiff.- Broad & Lackawanna Realty Co. v. Breitung, al-145 N. E. 915.
1030 (Ind.) Judgment affirmed where leged irregularities of practice not shown to have affected result.-Blain v. City of Delphi, 145 N. E. 764.
1094 (1) (N.Y.) Reversal by Appellate Di- vision on law and facts not disturbed unless, conceding all disputed facts finding in appel- lant's favor follows as matter of law. In re Bistany, 145 N. E. 70.
1036(4) (III.) Defendant held not preju- diced by substitution of plaintiffs, and order that pleas filed stand to amended declaration.-1094(2) (III.) Judgment based on conflict- Oberman v. Camden Fire Ins. Ass'n, 145 N. ing evidence, and affirmed by Appellate Court, E. 351. cannot be reversed by Supreme Court.-Roe v. Roe, 145 N. E. 804.
1039 (8) (Ind.) Judgment not reversed for overruling of motion to make immaterial aver-1094 (3) (N.Y.) Court of Appeals cannot ment more specific.-Baltimore & O. S. W. R. reverse for failure of proof decree which Ap- Co. v. Berdon, 145 N. E. 2. pellate Division has unanimously affirmed.- In re Santrucek, 145 N. E. 739.
1040 (7) (Ind.App.) Error, if any, in sus- taining demurrer to paragraph of answer harm-1094(3) (N.Y.) Finding, unanimously af- less, where material facts alleged provable un- firmed by Appellate Division, as to wife's ex- der other paragraphs.-Charters v. Citizens' pectancy, assumed to be correct by Court of Nat. Bank of Peru, 145 N. E. 517. Appeals.-Feldman v. Lisansky, 145 N. E. 746. 1050(1) (Mass.) Master's statement of in-1094(5) (III.) Supreme Court's inquiry, tended conduct toward injured employee, and advice as to amputation of hand, held inadmis- sible and prejudicial.-Wilson v. Daniels, 145 N. E. 469.
where case tried by jury and reversed by Ap- pellate Court on facts without remanding, stat- ed.-Phillabaum v. Lake Erie & W. R. Co., 145 N. E. 806.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
XVII. DETERMINATION AND DISPO- SITION OF CAUSE.
1175(5) (III.) Appellate weigh evidence in law case tried by jury, where evidence conflicting.-Phillabaum v. Lake Erie & W. R. Co., 145 N. E. 806.
176(4) (11.) Cause not remanded where no theory under which plaintiff could recover. -Brown v. Ray, 145 N. E. 676.
8 (Ind.) No question determined by original decree can be litigated on application for writ.- Rooker v. Fidelity Trust Co., 145 N. E. 493. Only question on application for writ is whether decree sought to be enforced has been complied with.-Id.
Parties not entitled to jury trial nor to spe- cial finding of facts.-Id.
Writ issued upon proof of demand of posses- sion and a refusal.-Id.
Court held justified in finding that defendants were in possession of lands involved, and were refusing to comply with judgment.-Id.
ASSUMPTION OF RISK.
1177(7) (III.) Appellate Court cannot re- verse on facts without remanding where evi- See Master and Servant, 204–217. dence conflicting.-Wallace v. Odell, 145 N. E. 610.
ARGUMENT OF COUNSEL.
See Criminal Law, 700-726; Trial, 122-133.
II. ON CRIMINAL CHARGES.
63 (4) (Ind.) Arrest without warrant not
II. PROPERTY SUBJECT TO ATTACH- MENT.
62 (N.Y.) Undelivered draft to order of foreign corporation held not attachable as its property.-Erskine v. Nemours Trading Cor- poration, 145 N. E. 273.
justified by suspicions.-Hart v. State, 145 N. See Criminal Law,
119 (Ind.App.) Assignee may sue on parol assignment.-Ogdon v. Washington Nat. Bank, 145 N. E. 514.
131 (III.) Assignee of nonnegotiable chose in action must allege statutory facts to sue in his own name.-Oberman v. Camden Fire Ins. Ass'n, 145 N. E. 351.
ASSIGNMENTS FOR BENEFIT OF CREDITORS.
I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Trusts for Creditors.
47 (Mass.) Creditor, not party to trust conveyance, not bound thereby.-Illinois Watch Case Co. v. Cowan-Myers Co., 145 N. E. 432.
(C) Suspension and Disbarment.
38 (III.) Not necessarily unprofessional for attorney with claim to solicit other claims for purpose of having creditors sufficient to au- thorize petition in bankruptcy.-People v. Edel- son, 145 N. E. 246.
Reputation of attorneys proceeded against to be taken into consideration, as well as practice of profession generally.-Id.
Attorneys held not shown guilty of unprofes- sional conduct, requiring their suspension.-Id.
46 (III.) Drunkenness no excuse for attor- ney's failure to remit collections to client.- People v. Tracey, 145 N. E. 665. ~54 (III.) Findings of commissioner in pro- ceeding against attorneys conclusive where evidence not brought up.-People v. Edelson, 145 N. E. 246.
PETITION, ADJUDICATION, WARRANT, AND CUSTODY OF PROPERTY.
II. (D) Warrant and Custody of Property. 101 (Mass.) Debtor may not lawfully make payments to bankrupt's creditors, in ab- (Ind.) Nature of proceeding stated.-sence of contract or obligation.-Ninth School Rooker v. Fidelity Trust Co., 145 N. E. 493.
Dist. of Manchester v. Rogers, 145 N. E. 278.
III. ASSIGNMENT, ADMINISTRATION, AND DISTRIBUTION OF BANKRUPT'S
(C) Preferences and Transfers by Bank- rupt, and Attachments and Other Liens.
I. REQUISITES AND VALIDITY. (D) Acceptance.
165(1) (Mass.) Assertion of right to en- force lien on pledge to secure lease not prefer- ence.-Reed v. Bristol County Realty Co., 14586 (Mass.) Promise to pay drafts held con-
(D) Administration of Estate.
255 (Mass.) Right of lessor of bankrupt to cash deposited as security not impaired by lessee's bankruptcy. Reed v. Bristol County Realty Co., 145 N. E. 455.
BANKS AND BANKING.
III. FUNCTIONS AND DEALINGS. (C) Deposits.
129 (Mass.) Rule stated as to nature of right arising under deposit by one in name of herself and another.-Battles v. Millbury Sav. Bank, 145 N. E. 55.
138 (11.) Bank with notice that deposit be- longs to another may refuse to honor check of depositor.-First State Bank & Trust Co. v. First Nat. Bank, 145 N. E. 382.
ditional on attachment of bills of lading.-Citi- zens' Bank of Fort Valley v. Henry J. Perkins Co., 145 N. E. 280.
140(3) (Ind.App.) Parol acceptance of 356 (III.) Bank merely giving credit to check creates no liability thereon.-Mansfield v. Goldsmith Bank, 145 N. E. 586.
holder of note as depositor does not thereby become holder in due course.-First State Bank & Trust Co. v. First Nat. Bank, 145 N. E. 382.
147(1) (III.) Generally drawee paying mon- ey on forged check or draft cannot recover from one, equally innocent, receiving money.-380 (N.Y.) Makers, intrusting broker with First State Bank & Trust Co. v. First Nat. apparently valid negotiable notes, cannot es- cape liability to innocent purchaser for value.- Bank, 145 N. E. 382. Broad & Lackawanna Realty Co. v. Breitung, 145 N. E. 915.
Holder of forged check, not suffering loss, cannot profit by payment to him by drawee. -Id.
Generally unreasonable delay in discovering forgery and giving notice will bar recovery by drawee.-Id.
~149 (111.) Defendant bank, crediting to payee forged check, drawn on another bank, held liable to latter for proceeds not with- drawn.-First State Bank & Trust Co. v. First Nat. Bank, 145 N. E. 382.
Defendant paying forged check, drawn on an- other bank, held not liable to drawee because of delay in discovering forgery.-Id.
537 (6) (N.Y.) Holder of notes held not in- nocent purchaser for value as matter of law.- Broad & Lackawanna Realty Co. v. Breitung, BOUNDARIES.
154(6) (III.) Delay or negligence in discov-145 N. E. 915. ering forgery of check raises presumption of loss to others. First State Bank & Trust Co. II. EVIDENCE, ASCERTAINMENT, AND ES- v. First Nat. Bank, 145 N. E. 382.
(F) Exchange, Money, Securities, and In-4 (III.) Instruction on effect of agreement
as to line not authorized under evidence.-- Jones v. Scott, 145 N. E. 378.
by oral agreement changing known location.- Jones v. Scott, 145 N. E. 378.
1881/2 (N.Y.) Liability of bank for amount 46(1) (11.) Owners cannot transfer land deposited in Russian branch held not affected by acts of Russian government.-Sokoloff v. Na- tional City Bank of New York, 145 N. E. 917. Liability to repay amount deposited in Russian branch bank held not defeated by implied con- dition.-Id.
Undisclosed intent that performance of agree- ment with depositor should be governed by decrees of Russian government no defense to action for restitution.-Id.
Measure of recovery from bank refusing to pay rubles in amount paid it for deposit in Rus- sian branch stated.-Id.
Bank's use of money regarded as equivalent of benefit to depositor.-Id.
I. ILLEGITIMACY IN GENERAL.
Conditions under which establishing line by oral agreement applies stated.-Id.
Rule for establishment of line by oral agree- ment inapplicable where intention is to deter- mine true line.-Id.
46(3) (III.) Line established by parol agreement binding on parties.-Jones v. Scott, 145 N. E. 378.
Effect of establishing boundary line by oral agreement.-Id.
55 (III.) Complainant held to receive paper title to lots only after deficiency prorated.- Nilson Bros. v. Kahn, 145 N. E. 340.
Shortage in platted block prorated among the several lots.-Id. BRIBERY.
3 (Ind.App.) Man marrying a pregnant wo- man presumed to be father of the child.-Phil-(2) (Mass.) Examiner for registrar of motor vehicles is public officer.-Commonwealth lips v. State, 145 N. E. 895.
Relatrix's sexual relations with husband prior V. Tsaffras, 145 N. E. 922.
Evidence held insufficient to rebut presump- I. ESTABLISHMENT. CONSTRUCTION, AND tion of legitimacy.-Id.
4 (Ind.App.) Proof required of state in bastardy proceedings stated.-Phillips v. State, 7 (1.) Township must build bridge across 145 N. E. 895. natural water course of sufficient length and
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