For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
height to forever subserve public's drainage de IV. CARRIAGE OF PASSENGERS.
mands.-People v. Board of Sup’rs of McLean

(D) Personal Injuries.
County, 145 N. E. 337.

Om 286(3) (Mass.) Street railway held not

negligent in moving car forward, resulting in

injury to intending passenger by crowd. -Al-
See Appeal and Error, em 758–773.

ward v. Boston Elevated Ry. Co., 145 N. E.


w318(2) (Mass.) Evidence held not to show

negligence as to passenger slipping on steps

at station.-O'Brien y. Boston Elevated Ry. Co.,
Ow43(3) (Ind.App.) Agreement to pay com- 145 N. E. 259.
mission to broker in contract of purchase and 318(3) (Mass.) Alleged negligence in per-
sale of real property given effect, though not mitting fuse to blow out held not proved.-
executed by broker.-Andrews v. Peters, 145 Brasslavsky v. Boston Elevated Ry. Co., 145
N. E. 579.

N. E. 529.
ww55(2) (Mass.) Principal could employ sec-

ond broker who could sell to person approach. See Equity.
ed by first broker not holding exclusive agency
and unable to obtain stipulated price.-Nichols

v. Atherton, 145 N. E. 277.

265(4) (Mass.) One acting as broker for a 21(5) (111.) Bequests in trust for purpose
both parties in exchange of property not en-
titled to commission.-Friedman v. Ballard, held not indefinite and uncertain.-Harges y.

of aiding building of Christian Science Churches
145 N. E. 36.

One cannot act as broker or agent of both Zander. 145 N. E. 363.
parties exchanging land.-Id.

22(5) (1.1.) Gift in trust held not void, as

lacking definite object.-Harges v. Zander, 145

N. E. 363.
85(7) (Mass.) Photograph of real estate II. CONSTRUCTION, ADMINISTRATION,
held irrelevant to issue as to terms of contract.

-O'Neill v. Ross, 145 N. E, 60.

34 (III.) Clause providing for donations by
88(14) (Ind.App.) That agreement for

trustee of $500 to building funds of Christian
commission was in writing as required implied Science churches held not to limit application of
from findings of court.-Andrews v. Peters, 145 churches organized at time of death.-Harges
N. E. 579.

v. Zander, 145 N. E. 363.
Specific findings of indebtedness to broker for
commission and amount thereof unnecessary, in
view of other special findings.-Id.



(A) Nature and Essentials of Transfers

of Chattels as Security.
91 (III.) Intention of parties to agency 2 (Mass.) In absence of evidence of law of
contract governs, in determining, powers of state where chattel mortgage was executed,
agent.-Peters v. Windmiller, 145 N. E. 599.

rights are determined by common law.-Davis
94 (III.) Real estate broker held not au-

v. Smith-Springfield Body Corporation, 145 N.
thorized to conclude binding contract for sale
of land.-Peters v. Windmiller, 145 N. E. 599. em 18° (Ind.) After-acquired property clause in

E. 434.
agent for sale of land, held not to authorize mortgage of insolvent held valid and gives lien.

-Irwin's Bank v. Fletcher Savings & Trust
him to make binding contract of sale.-Id.

Co., 145 N. E. 869.

Om 18 (Mass.) Mortgage held one on after-ac-

quired property creating no lien.-Davis v.
II. PROSECUTION AND PUNISHMENT. Smith-Springfield Body Corporation, 145 N. E.

41(1) (III.) Conviction held not sustained 434.
by evidence.-People v. Wieland, 145 N. E. 174.

(D) Validity.
m42(1) (III.) Unexplained possession of re- m79 (III.) Mortgagor's knowledge of amount
cently stolen goods is evidence of larceny and of note secured and items represented thereby
of burglary, if burglary was committed at time held shown.-Richter v. Schuett, 145 N. E. 402.
articles were stolen.-People v. Hein, 145 N. E.

Cm 42(4) (III.) Evidence held to justify finding (C) Property Mortgaged, and Estates and
defendant was_guilty of burglary.-People v.

Interests of Parties Therein.
Hein, 145 N. E. 654.

On 124 (Ind.) Special fund held not subject as

after-acquired property.-Irwin's Bank

Fletcher Savings & Trust Co., 145 N. E. 869.

After-acquired property clause held to give
Oma 13 (Ind. App.) Insurer's cross-complaint equitable lien on notes for machines made and
properly stricken. defendant having adequate sold by mortgagor.-Id.
remedy at law.- New York Life Ins. Co. v. Ad-
ams, 145 N. E. 499.



ww 162 (N.Y.) Mortgagee owner after default.

--Harrison v. Hall, 145 N. E. 737.

Omw 173(4) (Mass.) Execution, delivery, and re-
(B) Bills of Lading, Shipping Receipts, cording in foreign state not evidence of title or
and Special Contracts.

possession in mortgagees.-Davis Smith-
ww47(1) (Mass.) Express company not eg. Springfield Body Corporation, 145 N. E. 434.
topped to deny liability for goods receipted for
by impostor wearing, badge stolen from coin VIII. PAYMENT OR PERFORMANCE OF
pany:-Rudy v. American Ry. Exp. Co., 145 N.


E. 454.
69(3) (Mass.) Shipper required to prove em 240 (N.Y.) Failure by mortgagee taking
that party receipting for goods to be shipped possession after default to sell, does not ex-
was express company's agent.-Rudy v. Ameri- tinguish debt.-Harrison v. Hall, 145 N. E.
can Ry. Exp. Co., 145 N. E. 454.


[ocr errors]


Evidence of checks not shown to be connect-
Om 264 (N.Y.) Burden on mortgagor to prove ed with conspiracy charge held incompetent.
value of chattels taken and sold by mortgagee

after default.-Harrison v. Hall, 145 N. E. 737.m45 (III.) Evidence competent to prove con-
Om 267 (N.Y.) Valid sale by mortgagee after spiracy to extort money, potwithstanding fail-
default cuts off equity of redemption.-Harri- ure to prove that each defendant received a
son v. Hall, 145 N. E. 737.

part of the money.-People v. Walczak, 145 N.
Where mortgagee taking possession after de- E. 660.
fault sells irregularly debt not extinguished.-47 (111.). Evidence held not to show that

money obtained by defendant for calling off

strike was obtained by.-People v. Mader, 145

N. E. 137.
See Infants; Parent and Child.

Om47 (III.) Evidence held to sustain convic-

tion for conspiracy to extort money.-People

v. Walczak, 145 N. E. 660.
See Municipal Corporations.

Om 48 (111.) Instruction held erroneous as au-

thorizing conviction without proof of conspiracy

alleged.-People v. Looney, 145 N. E. 365.

Om 48 (III.) Instruction that valid contract
See Constitutional Law, Cm 82-91.

must have been entered into willingly held

proper.-People v. Walczak, 145 N. E. 660.

Instruction as to labor union held proper, in
See Constitutional Law, 208–230.

prosecution of officials of unions.-Id.

II. SUBJECTS OF REGULATION. See Statutes, em 2–123.
On 27(8) (Ind.App.) Railway employee on way For validity of statutes relating to particular
to take train to repair cars carrying intrastate subjects, see also the various specific topics.
and interstate commerce held engaged in “in-
terstate commerce.”—Chicago, M. & St. P. Ry. 11. CONSTRUCTION, OPERATION, AND EX.
Co. v. Turpin, 145 N. E. 316.



ww48 (III.) Presumptions are in favor of

validity.-North v. Board of Education of Com-
See Bills and Notes.

munity High School Dist. No. 203, 145 N. E.


See Public Service Commissions.


(A) Legislative Powers and Delegation

See Accord and Satisfaction.

Omw 50 (III.) Act enabling territory to detach

itself from consolidated school district held not
www 5(2) (N.Y.) Acceptance of award made by void, as conferring legislative, judicial, and
Industrial Commission without jurisdiction is executive powers voters of territory.-
accord and satisfaction.-Brassel v: Electric People v. Camargo Community Consol. School
Welding Co. of America, 145 N. E. 745.

Dist. No. 158, 145 N. E. 154.

52 (III.) Act enabling, territory to detach

itself from consolidated school district held not
See Eminent Domain.

void, as conferring, judicial powers on voters

of territory.- People v. Camargo Community

Consol. School Dist. No. 158, 145 N. E. 154.

Em58 (III.) Act enabling territory to detach
See Sales, Omw479.

itself from consolidated school district held not

void, as conferring execụtive powers on voters

of territory.-People v. Camargo Community

Consol. School Dist, No. 158, 145 N. E. 154.

Cow 60 (III.) Any law vesting person with ar-
(A) Offenses.

bitrary discretion invalid.-North v. Board of
Cm 23 (III.) More than one person must be Education of Community High School Dist. No.
guilty_to constitute.-People v. Mader, 145 N. 203. 145 N. E. 158.
E. 137.

Cow 61 (III.) Laying out districts and altering
@mo 24 (III.) Elements of offense stated.-Peo- boundaries legislative function.-North v. Board
ple v. Mader, 145 N. E. 137.

of Education of Community High School Dist.
C24 (III.) Common design is essence of con-

No. 203. 145 N. E. 158.
spiracy.-People v. Walczak, 145 N. E. 660.

62 (III.) Act to conserve fish not invalid
Proof that defendants actually agreed to as delegation of legislative authority to admin-
unite in common design held unnecessary.-Id. I istrative body.—People v. Walton, 145 N. E.
Cum 41 (II.) Each party deemed a party to | 182.
acts done by others.-People v. Walczak, 145 C63(2) (III.) General Assembly may exer-
N. E. 660.

cise legislative power directly or create munic-

ipalities and delegate power to them.-Arms v.
(B) Prosecution and Punishment. City of Chicago, 145 N. E. 407.
Can 43(12) (II.) Proof must establish defend-w63(3) (III.) School law giving county su-
ant's guilt of particular charge in indictment. perintendent certain power as to place of at-
-People v. Mader, 145 N. E. 137.

tendance by pupil held not delegation of legis-
C45 (III.) Evidence of occurrences after ac- lative power.-Board of Education of Princeton
complishment of conspiracy held competent un- High School Dist. No. 500 v. Board of Educa-
der indictment.--People v. Looney, 145 N. E. tion of Wyanet Community High School Dist.

No. 510, 145 N. E. 169.
Evidence concerning firearms found in resi-
dence of one defendant held improperly admitted

(B) Judicial Powers and Functions.
as irrelevant.--Id.

ww68(1) (III.) Question of powers to be ever-
Certain evidence held admissible on question cised by municipality is for General Assembly
of knowledge and intent of alleged conspirator. and not courts.-Arms v. City of Chicago, 145

IN. E. 407.


For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see game topic and KEY-NUMBER

68(1), (Ind.) Circuit court has not jurisdic, VIII. RETROSPECTIVE AND EX POST
tion to adjudicate conflicting claims to office of

committee chairman of political party in ab 186 (III.) Statute validly retroactive only
sence of statute.-State v. Marion Circuit Court, where contracts not impaired or vested rights
145 N. E. 883.

divested.-Arnold & Murdock Co. y. Industrial
Om68(1) (N.Y.) Court will not pass upon Commission, 145 N. E. 342.
purely administrative questions.-Hirshfield v. Om193 (111.) Void proceedings not validated
Craig, 145 N. E. 816.

by curative act.-Maulding v. Skillet Fork Riv-
Ow70(1) (III.) Function is to construe, and er Outlet Union Drainage Dist., 145 N. E. 227.
not to enact, legislation.-People v. Miller, 145
N. E. 685.



Om 70(3) (III.). Courts have no right to in-

quire into motive for, or wisdom of legisla-lem 205(1) (Ind.) Ordinance prohibiting pick-
tion.-People v. Chicago, B. & Q. R. Co., 145 eting held not to grant privileges or immunities
N. E. 647.

ww70(3) (III.) Duty of courts is to construe violative of constitutional rights.-Thomas v.
laws as they are.-People v. Sweitzer, 145 N. City of Indianapolis, 145 N. 8. 550.
E. 648.

m206(1) (Ind.) Ordinance prohibiting pick-
Em 70(3) (Ind.) Legislative classification of eting held not to abridge privileges or immuni-
automobiles for purpose of taxation held not ties in violation of constitutional rights.-
subject to control of courts.-Gafill v. Bracken, Thomas v. City of Indianapolis, 145 N. Ë. 550.
145 N. E. 312.

Omw 208 (3) (Ind.) Ordinance prohibiting pick-
Om70(3) (N.Y.) Court not concerned with eting held not class legislation. --Thomas v. City
wisdom of legislation.-Hirshfield v. Craig, 145 of Indianapolis, 145 N. E. 550.
N. E. 816.


C225(1) (Mass.) Zoning by-law permitting

alterations or enlargements of existing build-
m8! (!II.) Police power extends to protec. ings held not to deny equal protection of law.
tion of lives, limbs, health, comfort, and quiet --Spector v. Building Inspector of Milton, 145
of all persons.-Consumers' Co. v. City of Chi- N. E. 265.
cago, 145 N. E. 114.

Om 230(1). (Ind.) Act imposing gasoline tax

held not violative of Fourteenth Amendment,

Gafill v. Bracken, 145 N. E. 312.

82 (Ind.) Individual rights subservient to w 274 (Ind.) Ordinance prohibiting picketing
welfare of general public. - Thomas v. City of held not to deny due process.—Thomas v. City
Indianapolis, 145 N. E. 550.
Right of free speech, peaceable assemblage, 278(1) (Mass.) By-law creating district in

of Indianapolis, 145 N. E. 550.
etc., are subject to reasonable regulation.-Id.

which only one-family dwellings may be
82 (Mass.) Right to own and use land sub- erected does not deny equal protection of law.
ject to exercise of police power;.. "right to --Brett v. Building Com'r of Brookline, 145 N.
liberty and pursuit of happiness.”-Brett v.

E. 269; Bamel v. Building Coin'r of Brook-
Building Com'r of Brookline, 145 N. E. 269; line, 145 N. E. 272.
Bamel v. Building Com'r of Brookline, 145 N. ww278(2) (III.) Statute requiring school dis-
E. 272.

trict to pay tuition of pupil attending school in
en83(1) (Ind.) Ordinance prohibiting picket- another district held not violative of due pro-
ing held not violative of constitutional rights to cess clause.-Board of Education of Princeton
liberty.--Thomas v. City of Indiana polis, 145 High School Dist. No. 500 v. Board of Educa-
N. E. 550.

tion of Wyanet Community High School Dist.
On83(2) (Ind.) Ordinance prohibiting picket- No. 510. 145 N. E. 169.
ing held not violative of constitutional rights 278(2) (III.) Act concerning detachment of
prohibiting involuntary servitude.-Thomas v. territory from consolidated districts held not
City of Indianapolis, 145 N. E. 550.

unconstitutional because not requiring notice
C-86 (Ind.) Ordinance prohibiting picketing to other districts therein.--People v. Lukenbill,
held not violative of constitutional right to pur- | 145 N. E. 294.
suit of happiness.- Thomas v. City of Indiana-w278 (6) (III.) Denial of privilege to fish in
polis, 145 N. E. 550.

certain waters not denial of due process.-Peo-
90 (Ind.), Ordinance prohibiting picketing ple v. Walton, 145 N. E. 182.
held not violative of constitutional rights of 287 (Ind.) Act imposing gasoline tax held
free speech.-Thomas v. City of Indianapolis, not violative of Fourteenth Amendment.-Gaf-
145 N. E. 550.

ill v. Bracken, 145 N. E. 312.
Cm91 (Ind.). Ordinance prohibiting picketing
held not violative of constitutional rights of

public assemblage.--Thomas v. City of Indiana- See Injunction, w219-223.
polis, 145 N. E. 550.



Cm34 (III.) Superior court has inherent right
92 (III.) Legislature may repeal or amend to punish for contempt and to deal summarily
acts not contracts or private grants, if vested with contempt committed in its presence.-
rights are not extinguished.-Arnold & Mur- People v. McDonald, 145 N. E. 636.
dock Co. v. Industrial Commission, 145 N. E. 40 (III.) What constitutes "criminal con-

tempt,” stated.-People v. McDonald, 145 N.
“Vested right" defined.-Id.

E. 636.
Award of life pension for permanent disa-w52 (III.) Superior court has right to deal
bility vested right of which employee cannot be summarily with contempt committed in its
divested by statute.--Id.

presence.-People v. McDonald, 145 N. E. 636.
106 (III.) Legislature may adopt acts af Contempt held not committed in court's pres-
fecting practice and procedure where no vest ence or so near as to interrupt its proceed-
ed right has accrued.- Arnold & Murdock Co. ings, and court could not act on view without
v. Industrial Commission, 145 N. E, 342.

C110 (III.) Judgment cannot be destroyed or Cw5412) (III.) Information need not comply
diminished by retroactive statute.--Arnold & with all formalities of criminal complaint. -
Murdock Co. v. Industrial Commission, 145 N. People v. Severinghaus, 14.5 N. E. 220.
E. 342.

Information must be verified by affidavit.-Id.

Em58(1) (III.) Answer to information held in- 1 C 141(3) (N.Y.) Inference minor had not in-
sufficient.-People v. Severinghaus, 145 N. E. į tended to defraud insurer in procuring false

bill of sale of automobile held unwarranted.-
Om58(3) (II.) Court cannot hear evidence of Sayres v. Decker Automobile Co., 145 N. E.
guilt or enormity of offense, if sworn answer 744,
is sufficient to acquit defendant.-People v.
Severinghaus, 145 N. E. 220.

Om58(3), (III.) In proceeding for contempt not (A) General Rules of Construction.
committed in court's presence, answer denying
wrongful acts held conclusive. People v. McOns 152 (Mass.) How written contracts con-
Donald, 145 N. E. 636.

strued stated.-Farber v. Mutual Life Ins. Co.
If answer denying contempt be false remedy of New York. 145 N. E. 535.
is by indictment for perjury.-Id.

Cm 160 (ind.) Preliminary recitals cannot con-
Person charged with contempt who under trol clearly expressed stipulations.- Irwin's
oath denied wrongful acts held entitled to dis- Bank v. Fletcher Savings & Trust Co., 145 N.

E. 869.
Om 58(4) (III.) Sworn disavowal or denial of Effect of recitals limited to parties.-Id.
intent to commit contempt considered in mitiga-On 167 (Ind.App.) Statute affecting subject of
tion of offense. People v. Severinghaus, 145 contract presumed to become part of contract.
N. E. 220.

-Ashbaucher v. Price, 145 N. E. 775.
Oww59 (III.) State's interrogatories held im- mm 170(1) (Mass.) Conduct of town and street
material and irrelevant.-People v. Severing- railway entitled to weight in ascertaining
haus, 145 N. E. 220.

whether annual payment by railway is excise
Defendant in contempt proceedings held not tax.-Inhabitants of Town of Southborough v.
justified in refusing to answer interrogatories Boston & Worcester St. Ry. Co., 145 N. E.
because of threats of prosecution for perjury. 422.

Om 176(1) (Mass.) Construction of written
Cw60(2) (III.) Testimony of witness in con contract is for court.-Farber v. Mutual Life
tempt proceedings held mere conclusions.-Peo- | Ins. Co. of New York, 145 N. E. 535.
ple v. Severinghaus, 145 N. E. 220.
Om6i(1) (III.) Assignment of error in not

(B) Parties.
giving time to prepare defense held without am 187(!) (Ind.) To benefit third person not
merit.-People v. Kawoleski, 145 N. E. 204.

specifically mentioned, inust evidence distinct
Cm63(1) (VI.) Defendant cannot contend that intention. Irwin's Bank v. Fletcher Savings &
information was not verified after_answering Trust Co., 145 N. E. 869.
it.-People v. Severinghaus, 145 N. E. 220.

66(3). (III.) Matters not raised below not IV. RESCISSION AND ABANDONMENT.
considered.-- People v. Severinghaus, 145 N. 270(2) (III.) One desiring to rescind for
m66(7) (III.) Presumption that court did fraud must on discovery of fact immediately
not consider matters outside record overcome,

announce his purpose and adhere to it.-Jos-
and judgment reversed, where fact is clearly barger v. Brown, 145 N. E. 140.
shown.-People v. Severinghaus, 145 N. E. Ew270(2) (III.) Party defrauded cannot stand

inactive and refuse to rescind contract after

learning of fraud.-Richter v. Schuett, 145 Y.

E, 402.
See Criminal Law, C617.

Ow7 (Ohio) Granting or refusing discretion-
ary.-Norton v. Norton, 145 N. E. 253.

em 282 (Mass.) Contract that employer was to

be "sole judge" whether employee properly per-

formed work construed.—Chandler. Gardner &

Williams v. Reynolds, 145 N. E. 476.
See Assignments; Bills and Notes; Compro-
mise and Settlement; Covenants; Frauds,

Statute of; Sales; Specific Performance;
Vendor and Purchaser.

See Trover and Conversion.

(A) Nature and Essentials in General.

See Banks and Banking; Carriers; Gas; Mu-
Om 10(2) (Mass.) Contract containing agree nicipal Corporations; Public Service Com-
ment not to compete held valid as to considera missions; Railroads; Street Railroads.
tion and mutuality.--Chandler, Gardner & Wil-
liams v. Reynolds, 145 N. E. 476.

(E) Validity of Assent.

(B) Subscription to Stock.
ww97(1) (III.) By retaining property_objec-m88 (N.Y.) Statute satisfied where corpora-
tions to contract waived.-Mosbarger v. Brown, tion obtains by negotiation of note 10 per cent.
145 N. E. 140.

of subscription in cash.-Furlong v. Johnston,

145 N. E. 910.
(F) Legality of Object and of Consid Caw92 (N.Y.) Note given in payment of stock

subscription held enforceable in hands of one
C105 (111.) Contract made in violation of ex who took with knowledge of purpose for which
press statute held void.—People v. Sperry, 145 given.-Furlong v. Johnston, 145 N. E. 910.
N. E. 344.

(D) Transfer of Shares.
Cos I 13(1) (N.Y.) Contract in furtherance of
fraud on insurance company held unenforcea-Cra 123(1) (Mass.) Delivery of stock certifi-
ble.-Sayres v. Decker Automobile Co., 145 x. cates with forged collateral agreement to se.
E. 744.

cure loan on forged signature held not a pledge.
117(2) (Mass.) Contract not to enter into Marcotte v. Massachusetts Sec. Corporation,
undertaking business in city or “vicinity” for 145 N. E. 464.
10 years not unreasonable restraint of trade.- Cow 133 (Ohio) Measure of damages for wrong-
Chandler, Gardner & Willia ins v. Reynolds, 145 ful refusal to transfer stock stated.–Cincinda-
N. E. 476.

ti Finance Co. v. Booth, 145 N. E. 543.
w 138(1) (N.Y.) Courts will not enforce con cm 149 (Mass.) Pledgee, paying for stock with
tract where either promise or consideration or check to which payee's indorsement forged, not
object to be accomplished is illegal.-Sayres v. holder for value.--Marcotte v. Massachusetts
Decker Automobile Co., 115 N. E. 744. Sec. Corporation, 145 N. E. 464.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

(A) Rights and Liabilities as to Corpora-


(B) Contracts.
Om 170 (111.) Corporation not for pecuniary w 122(1) (Ohio) Contract with sanitary en-
profit may adopt rules conclusively prescribing gineer, for indefinite time, held not to authorize
mode in which membership can be maintained. compensation greater than that received by
-W. G. Press & Co. v. Fahy, 145 N. E. 103.

county auditor for one year.-State v. Lutz, 145
Om 174 (III.) At common law, certificates of N. E. 483.
membership could not be assigned or sold to
satisfy debts of owner.-W. G. Press & Co. v.

Fahy, 145 N. E. 103.


Om 15312 (111.) County's power to appropriate

money is definitely limited by law.--People v.

Wabash Ry. Co., 145 N. E. 642.
(A) Extent and Exercise of Powers in

Cm 162 (111.) Statute requiring aye and nay
393 (III.) Equity cannot compel noppecu- People v. Chicago & E. I. Ry. Co., 145 N. E.

vote on county appropriations is mandatory.
niary corporation to issue certificate of mem- 714.
bership to applicant not complying with rules. Om 178 (III.) Election for bonds and tax for
-W. G. Press & Co. v. Fahy, 145 N. E. 103.

state aid road not void, because state under no
(B) Representation of Corporation by 07- legal obligation to aid - Natural Products Co.
ticers and Agents.

v. Du

age County, 145 N. E. 298.
w 428(5) (N.Y.) Corporation chargeable with Cwm! 90(!) (11.). County can levy taxes only in
notice to incorporators and directors of invalid Wabash Ry. Co., 145 N. E. 642.

conformity with power granted.—People v.
ity of notes.-Broad & Lackawanna Realty Co. 190(1) (III.)' County levying taxes has only
v. Breitung, 145 N. E. 915.

power delegated by Legislature, and must act
(D) Contracts and Indehtedness.

in conformity thereto.-People v. Chicago &

E. I. Ry. Co., 145 N. E. 716.
w48012 (Mass.) Trustee could not release m 191 (III.)'Amended record of proceedings
property from mortgage unless it could be no of board of supervisors for tax levy held to
longer used.-Iowa Light, Heat & Power Co. v. show compliance with statute as to "appropri-
First Nat. Bank, 145 N. E. 433.

ation of money.”—People v. New York Cent.

R. Co., 145 N. E. 593.
VIII. INSOLVENCY AND RECEIVERS. Om 191 (III.) Taxes levied by viva voce yote
553(I) (Ind.) Excluding minority stock-zeld void.-People v. Wabash Ry. Co., 145 N.
holders from office held not cause for appoint-

E. 642.
ing receiver.-Enterprise_Printing & Publish on 191 (III.) Failure to comply with statutory
ing Co. v. Craig, 145 N. E. 309.

requirement of aye and nay vote on tax levy

is fatal thereto.-People v. Chicago & E. I.

Ry. Co., 145 N. E. 716.

em 191 (111.) Itemization of purposes of levy
VII. ON APPEAL OR ERROR, AND ON by reference to itemized report of committee

in appropriating resolution held sufficient.-
en 263 (Mass.) Double costs awarded against People v. Chicago & E. I. Ry. Co., 145 N. E.
appellants, where appeal frivolous.-Mantal-722.
bano v. Goldman, 145 N. E. 459.

Viva voce vote on tax levy insufficient com-

pliance with statute requiring an aye and nay


191 (111.) Aye and pay vote on proposition

to levy tax essential to its validity.-People v.
(B) County Seat.

Chicago, B. & Q. R. Co., 145 N. E. 729.
m35(3) (ind.) Taxpayer held entitled to ap-tion to levy tax is insufficient to show aye and

Record showing unanimous vote on proposi-
peal from action of board of commissioners in

nay vote.-Id.
determining result of election to relocate coun-

cm191 (III.) Statute requiring vote tax
ty seat.-Gannon v. State, 145 N. E. 283.

levy to be by ayes and nays and entered in

record is mandatory.-People v. Wabash Ry.
(C) County Board.

Co., 145 N. E. 733.
em 53 (III.) Board of commissioners has au Record of board of supervisors held not to
thority to amend record of its meetings, to show aye and pay yote on proposed levy.-Id.
make it speak truth.--People v. Chicago & Em 191 (III.) Board of supervisors may make
1. Ry. Co., 145 N. E. 714.

tax levy and appropriation at same time.-Peo-
Resolution held sufficient amendment of rec ple v. Wabash Ry, Co., 145 N. E. 734,
ord of county board, though not as yet actually Levy in gross for county purposes, not speci-
entered in record book.-Id.

fying amount levied for separate purposes, is
Resolution held sufficient to constitute amend- void.-Id.
ment of record in prior proceedings of county Vote on proposed tax levy must be taken

by ayes and nays.-Id.
C-53 (111.) Court may authorize amendment Tax held validated by amendment to record
of record of board of county supervisors in subsequent to extension.-Id.
matter of tax levy.-People v. Chicago & E. I. Levy for incidentals and miscellaneous ex-
Ry. Co., 145 N. E. 716.

penses held unauthorized and void.-Id.
Amendment of record of board of supervisors Omw 191 (111.) County supervisors' failure to
held not to show aye and nay vote on tax levy. yote by aye and nayon proposed tax levy is

fatal to tax.-People v. Chicago & E. I. Ry.
Ono 53 (111.) Evidence of aye and nay vote on Co., 145 N. E. 736.
issue before county supervisors held to war-

Amendment of record of board of county su-
rant amendment of record, so as to show such pervisors to show aye and nay vote on pro-
vote.- People v. Cleveland, C., C. & St. L. Ry. posed tax levy held unauthorized.--Id.
Co., 145 N. E. 727.

em 192 (III.) Tax for tuberculosis sanitarium
53 (III.) County supervisors may amend is not within requirement that amount of taxes
record of prior meeting to make it speak true for separate purposes must be separately stat-
facts.-People v. Wabash Ry. Co., 145 N. E. ed.- People v. Wabash Ry. Co., 145 N. 8. 724.

Om 192 (111.) Tax for tuberculosis sanitarium
Amended record of board of supervisors has fund may be levied in gross.-People v. Cleve-
same effect as if originally so made.-Id. land, C., C. & St. L. Ry. Co., 145 N. E. 806.


« ForrigeFortsett »