Sidebilder
PDF
ePub

For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER rents pending suit.-Hirsh v. Arnold, 148 N. E. (B) Municipal Departments and Officers 882. Thereof.

439 (II.) Amendment of bill for foreclo-185(5) (Mass.) Rule of police force for sure to join lodge as party complainant with hearing before trial board abrogated by statute. trustee taking notes secured held properly al--McLaughlin v. Quinn, 148 N. E. 458. lowed.-Hirsh v. Arnold, 148 N. E. 882.

(F) Pleading and Evidence. 445 (III.) Failure of complaint to allege breach of agreement for extension of note, default in payment of which was basis of action, held not to preclude relief.-Robinson v. Miller, 148 N. E. 319. 455

ex

189(2) (N.Y.) Punishment of policeman by police commissioner not reviewable.-People rel. Regan v. Enright, 148 N. E. 187. Appellate Division not authorized to review discretion of police commissioner in punishing officer.-Id.,

(C) Agents and Employés.

(III.) Cross-bill for trespasses and 218(2) (Ohio) City officials may reduce waste by mortgagee in possession and cancel number of employés because of condition of lation of tax deed held erroneously dismissed finances.-Vansuch v. State, 148 N. E. 232. as to mortgagee's executors in foreclosure suit. -Hirsh v. Arnold, 148 N. E. 882.

(G) Injunction and Receiver.

VI. PROPERTY.

225(1) (Ohio) Property not needed for any municipal purpose may be sold.-State v. Shriv

☺468(3) (III.) Receiver held properly ap-
pointed to collect rents pending suit to fore-er, 148 N. E. 697.
close trust deed.-Hirsh v. Arnold, 148 N. E.
882.
471 (III.) Appointment must be wrongful
and judicially declared void to render receiver
a trespasser.-Hirsh v. Arnold, 148 N. E. 882.
(H) Trial or Hearing and Reference.

479 (III.) Order of reference, made before filing of replication to answer, held valid.—Robinson v. Miller, 148 N. E. 319.

(1) Judgment or Decree and Execution. 491 (111.) Mortgagors held entitled to cancellation of tax deed and grantee's quitclaim deed as for benefit of mortgagee.-Hirsh v. Arnold, 148 N. E. 882.

(M) Review.

578 (III.) Mortgagors held not entitled to complain of refusal to allow credit for rents not paid over by receiver's collecting agent.Hirsh v. Arnold, 148 N. E. 882.

(N) Fees and Costs.

581 (2) (III.) Defendant not precluded by stipulation from attacking solicitor's fee as unreasonable.-Robinson v. Miller, 148 N. E.

319.

VII. CONTRACTS IN GENERAL. 226 (Mass.) Inconvenience does not warmandate.rant departure from statutory Morse v. City of Boston, 148 N. E. 813. Parties cannot by contract overcome stat235 (Mass.) Contracts must conform to utory requirement.-Id. statutes.-Morse v. City of Boston, 148 N. E.

813.

252 (Mass.) Power to alter contract restricted by statutes.-Morse v. City of Boston, 148 N. E. 813.

City officers have limited power to change contracts.-Id.

Alteration resulting in substantially new contract not permissible.-Id.

Contract not modified under guise of alteration into new contract.-Id.

Amendment of contract changing unit of payment held to violate statute.-Id.

Good faith does not warrant amendment to contract in violation of statute.-Id. Facts alleged showed alterations in contract to be without consideration.-Id.

Offer by contractor held not to bind municipality.-Id.

253 (N.Y.) Certificate of engineer must 581 (2) (1.) Solicitor's fee in amount stip- not be arbitrarily withheld.-E. H. Smith Conulated before filing of amended bill merely add-tracting Co. v. City of New York, 148 N. E. ing party complainant held properly allowed.- 655. Hirsh v. Arnold, 148 N. E. 882.

581 (5) (Ill.) Reasonable attorney's fees, recoverable under trust deed, cannot be enhanced in consideration of defendant's attitude. -Robinson v. Miller, 148 N. E. 319.

XI. REDEMPTION.

596, 597 (III.) Right to redeem from foreclosure sale may be lost through failure to assert within reasonable time.-Wyman v. Hageman, 148 N. E. 852.

MUNICIPAL CORPORATIONS.
See Schools and School Districts; Street Rail-
roads; Towns.

IV. PROCEEDINGS OF COUNCIL OR
OTHER GOVERNING BODY.

Engineer's certificate may not be withheld under erroneous construction of contract.-Id. Engineer's determination if patently erroneous, and without reasonable basis, does not bind contractor.-Id.

Engineer's determination that certain work was classifiable under unit prices held unjustified.-Id.

Engineer's classification of steel work done under substituted plans, as being classifiable under unit price bid, held not justified.-Id.

or

IX. PUBLIC IMPROVEMENTS. (A) Power to Make Improvements Grant Aid Therefor. 269(1) (III.) Park commissioners held not to have succeeded to jurisdiction over road when consents not obtained.-Village of Glencoe v. Hurford, 148 N. E. 69; Same v. Olson, 148 N. E. 78.

(B) Ordinances and By-Laws in General. 120 (Ohio) Emergency ordinance consider-282(2) (III.) Widening of street held "local ed as effective immediately on passage.-Van-improvement."-Village of Glencoe v. Hurford, such v. State, 148 N. E. 232. 148 N. E. 69; Same v. Olson, 148 N. E. 78.

V. OFFICERS, AGENTS, AND EMPLOYÉS.

(B) Preliminary Proceedings and Ordi nances or Resolutions.

(A) Municipal Officers in General. 142 (Ohio) Mayor of municipality qualifying 302(4) (III.) Improvement ordinance adoptas member of General Assembly does not for-ed by commission governed city, without filing feit office of mayor.-State v. Gillen, 148 N. for public inspection before final adoption, held E. 86. invalid.-City of Ottawa v. Hulse, 148 N. E. 1.

(E) Assessments for Benefits, and Special | (B) Acts or Omissions of Officers or

Taxes.

406 (2) (N.Y.) Action of board of estimate and apportionment in assessing cost of public improvement void when beyond powers delegated.-Long Island R. Co. v. Hylan, 148 N. E. 189.

425(3) (N.Y.) Board of estimate and apportionment held not authorized by contract with railroad to assess entire cost of public improvement on right of way of railroad.-Long Island R. Co. v. Hylan, 148 N. E. 189.

437 (N.Y.) Board of estimate and apportionment cannot assess property deriving no benefit from improvement.-Long Island R. Co. v. Hylan, 148 Ñ. E. 189.

512(1) (N.Y.) Action of governmental body in fixing area of assessment not ordinarily reviewed by certiorari.-Long Island R. Co. v. Hylan, 148 N. E. 189.

Action of board of estimate and apportionment in assessing entire cost of public improvements on railroad right of way, though erro neous, held not reviewable by certiorari.-Id.

X. POLICE POWER AND REGULATIONS. (A) Delegation, Extent, and Exercise of Power.

Agents.

[blocks in formation]

Drains, and Water Courses. 832 (Ohio) Municipality liable for negligence in performance of duty to see storm sewers are not clogged.-City of Portsmouth v. Mitchell, 148 N. E. 846.

guilty of maintaining nuisance.-Id Municipality permitting refuse to clog sewer

592(1) (Ohio) Municipality held unauthorized to require payment for water used by public school exempted from charge by statute.-City of East Cleveland v. Board of Education of City School Dist. of East Cleveland, 148 N. E. 350. 592(1) (Ohio) Municipality cannot levy excise tax in addition to levy by state. Firestone (A) Power to Incur Indebtedness and Exv. City of Cambridge, 148 N. E. 470.

XIII. FISCAL MANAGEMENT, PUBLIC
DEBT, SECURITIES, AND TAXA-
TION.

penditures.

601 (Mass.) Building laws have force of law. National Fireproofing Co. v. Kelley, 148860 (Ohio) Municipal council may not expend public funds indiscriminately.-State v. Semple, 148 N. E. 342.

N. E. 805.

Contribution to Conference of Ohio Municipalities misapplication of public funds.—Id.

XI. USE AND REGULATION OF PUBLIC PLACES, PROPERTY, AND WORKS. 864 (3) (Ind.) Purchase by municipality of (A) Streets and Other Public Ways. stock of water company and issuance of bond 680, 681(8) (N.Y.) Legislature may author-in payment held not in excess of constitutional ize private use of streets, subject to constitu- indebtedness.-Bollenbacher v. Harris, 148 N. tional limitations.-McCoy v. Jordan, 148 N. E. E. 417. 793.

Statute, authorizing village to permit erection (B) Administration in General, Appropriof gasoline curb pumps, held valid.-Id. ations, Warrants and Payment.

693 (N.Y.) Authority to permit "arrange-897 (Ind.App.) Controller's act in approvments" to draw from oil tanks within highway ing and signing warrants based on claims filed not exceeded by erection of oil pumps.- for fictitious persons is quasi judicial.-City of McCoy v. Jordan, 148 N. E. 793. Indianapolis v. National City Bank of Indianapolis, 148 N. E. 675.

697 (2) (Mass.) Citizen not alleging special damage not entitled to compel removal of gasoline pumps from ways.-Warner v. City of Taunton, 148 N. E. 377.

(C) Bonds and Other Securities, and Sinking Funds.

703 (1) (Ohio) Municipality may control, 935 (Ind.) Legalizing act held to make direct, and manage streets and traffic thereon. bond issue valid, unless prohibited by Constitu-Lorain St. R. Co. v. Public Utilities Commis- tion.-Bollenbacher v. Harris, 148 N. E. 417. sion, 148 N. E. 577.

Ordinance regulating traffic on streets held reasonable local police regulation.-Id.

City, under guise of regulating traffic on streets, may not interfere with general efficiency of authorized utility.-Id.

703(1) (Ohio) Ordinance as to control of traffic on streets must be reasonable and not interfere with bus line operating between cities. -City of Nelsonville v. Ramsey, 148 N. E. 694.

703 (4) (Ohio) Act providing what is presumptive evidence of unreasonable speed, prescribes rule of conduct.-Psaris v. Fredericks, 148 N. E. 360.

Charge applying statute as to presumptive evidence of unreasonable speed existing at time of accident, held proper.-Id.

XII. TORTS.

(E) Rights and Remedies of Taxpayers.

1000(4) (Ind.) City and water company held properly admitted as defendants in suit to enjoin issuance of bonds in payment for stock. -Bollenbacher v. Harris, 148 N. E. 417.

1000 (5) (Mass.) Allegations of bill by taxpayers held sufficient.-Morse v. City of Boston, 148 N. E. 813.

XIV. CLAIMS AGAINST CORPORATION.

1009 (Ind.App.) Board of Public Works' allowance of claims in reliance on street commissioner's certificate without knowledge of fraud is quasi judicial act.-City of Indianapolis v. National City Bank of Indianapolis, 148 N. E. 675.

[blocks in formation]

MURDER.

NAVIGABLE WATERS.

V.

See Wharves.

965

INDEX-DIGEST

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

NEGLIGENCE.

See Master and Servant, 103-303; Mu

NUISANCE.

1. PRIVATE NUISANCES.

nicipal Corporations, 733-832; Railroads, (A) Nature of Injury, and Liability There276-351; Street Railroads, 114.

1. ACTS OR OMISSIONS CONSTITUTING NEGLIGENCE.

(A) Personal Conduct in General.

2 (III.) Breach of duty must be shown.Bremer v. Lake Erie & W. R. Co., 148 N. E. 862.

2 (Ind.App.) Duty essential.-Pittsburgh, C., C. & St. L. R. Co. v. Rushton, 148 N. E.

337.

Cm 11 (III.) "Gross negligence" defined.-
Bremer v. Lake Erie & W. R. Co., 148 N. E.
862.
What constitutes "constructive willfulness"
stated; "willful injury."-Id.

[blocks in formation]

Machinery,

and Other Instrumentalities. 222 (Ind.App.) Operator of automobile owes invited guest duty of reasonable care.Munson v. Rupker, 148 N. E. 169.

Driver of automobile owes guest at sufferance duty of reasonable care.-Id.

Care required as to guest in automobile.-Id.

(C) Condition and Use of Land, Buildings, and Other Structures.

attractive

nuisance.-Mindeman

for.

"nui-
3(4) (Ind.App.) Horse stable not
sance per se."-Thompson v. Elzy, 148 N. E.
154.

Horse stable in industrial district not nuisance.-Id.

Horse stable held not nuisance warranting recovery of substantial damages.-Id.

3(6) (Ohio) Hazard from gasoline filling station does not make it nuisance.-Powell v. Craig, 148 N. E. 607.

Gasoline filling station in residence district held not nuisance.-Id.

(C) Abatement and Injunction.

19 (Ohio) If business in residential district is nuisance, each day's operation is new nuisance.-Powell v. Craig, 148 N. E. 607. Right to maintain nuisance subject of judicial inquiry. Id.

35 (N.Y.) Judgment restraining exhibitions held too broad.-Russell v. Nostrand Athletic Club, 148 N. E. 756.

[blocks in formation]

39 (III.) Canal of sanitary district held not72 (Mass.) One suffering special wrong enV. Sanitary titled to injunctive relief.-New York, N. H. & H. R. Co. v. Deister, 148 N. E. 590.

Dist. of Chicago, 148 N. E. 304.

IV. ACTIONS.

(A) Right of Action, Parties, Preliminary
Proceedings, and Pleading.
111(1) (Ind.App.) When rule of res ipsa
loquitur applies, plaintiff not required to state
specific facts.-Baltimore & O. S. W. R. Co. v.
Hill, 148 N. E. 489.

(B) Evidence.

OBLIGATION OF CONTRACTS.
See Constitutional Law, 116–125.

OFFICERS.

See Attorney General; Judges; Public Service
Commissions; Receivers.

121 (2) (Ind.App.) "Res ipsa loquitur" doc- I. APPOINTMENT,
TENURE.

trine stated.-Baltimore & O. S. W. R. Co. v.
Hill, 148 N. E. 489.

QUALIFICATION, AND

(B) Appointment.

134(1) (Ohio) Proof must rest on rational inference from facts and circumstances.-Cleve- 9 (N.Y.) Civil Service Law held not to have land-Akron Bag Co. v. Jaite, 148 N. E. 82.

[blocks in formation]

PARENT AND CHILD.

See Adoption; Guardian and Ward; Infants.
2(1) (N.Y.) State's jurisdiction to regu-
late custody of infants not dependent on dom-
icile of parents.-Finlay v. Finlay, 148 N. E.
624.
2(3) (N.Y.) Equity not concerned with pa-
rental disputes.-Finlay v. Finlay, 148 N. E.
624.

2 (4) (N.Y.) Residence of child not used as pretense for adjudication of status of parents residing elsewhere.-Finlay v. Finlay, 148 N. E. 624.

Except when incident to divorce or separation, custody of children is regulated by habeas corpus, or petition to chancellor.-Id.

Husband's remedy by petition to chancellor for custody of children unaffected by habeas corpus act.-Id.

17(6) (1.) Evidence insufficient to show beyond reasonable doubt that accused refused to provide for minor children in necessitous circumstances.-People v. Vannier, 148 N. E. 303.

[blocks in formation]

ing.

2 (HI.) Requirements for period of study before issuance of license not arbitrary or unreasonable.-People v. Walder, 148 N. E. 287.

Medical Practice Act not discriminatory because excepting Government practitioners.-Id. ~6(9) (Îll.) Indictment for practicing without license need not name persons treated.People v. Walder, 148 N. E. 287.

6(10) (1.) Evidence of violation of Medical Practice Act sufficient.-People v. Walder, 148 N. E. 287.

[blocks in formation]

321 (N.Y.) Suit for accounting before dis-216(1) (Ind.App.) In passing on demurrer, only allegations of pleading considered.-Terre solution not premature.--Bailly v. Betti, 148 Haute, Indianapolis & Eastern Traction Co. v. Scott, 148 N. É. 335.

N. E. 776.

Objection of prematureness immaterial, since equity will grant relief in accordance with conditions at time of trial.-Id.

327(1) (N.Y.) Allegations held sufficient to entitle plaintiff to relief.-Bailly v. Betti, 148

N. E. 776.

PAYMENT.

See Subrogation; Tender.

II. APPLICATION.

39 (3) (Ind.App.) Grain broker not entitled to credit actual cash grain transactions against invalid futures account.-Sawers Grain Co. v. Teagarden, 148 N. E. 205.

V. RECOVERY OF PAYMENTS.

217(1) (III.) Demurrer brings whole record before the court; judgment given against party whose pleading was first defective in substance. Weatherford v. School Directors of Dist. No. 7, 148 N. E. 244.

218(1) (Ind.App.) In passing on demurrer only allegations of pleading considered.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337.

VI. AMENDED AND SUPPLEMENTAL
PLEADINGS AND REPLEADER.

235 (Mass.) Amendments may be allowed before final judgment.-Pizer v. Hunt, 148 N. E. 801.

236(4) (III.) Denying leave to file plea to amended bill after proofs were all in held within court's discretion.-Hirsh v. Arnold, 148 N.

E. 882.

82(2) (Mass.) One voluntarily paying demand under claim of right cannot recover back amount paid.-French v. Kemp, 148 N. E. 442.236 (6) (Mass.) Refusal to allow amendment to answer held discretionary.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105.

PERPETUITIES.

6(1) (Mass.) Restraint on alienation by cestui que trust held valid both as to principal and income.-Richardson v. Warfield, 148 N. E. 141.

PHYSICIANS AND SURGEONS.

237 (4) (Mass.) Allowing amendment to declaration to conform to issue raised not erroneous.-Pizer v. Hunt, 148 N. E. 801.

XI. MOTIONS.

~369(3) (Ind.App.) Overruling motion to (II.) Practice of chiropractic may be elect theory upon which to try case not error. regulated by state.-People v. Walder, 148 N. E.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 287. 148 N. E. 337.

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

XIII. DEFECTS AND OBJECTIONS, WAIV-lems and proposed remedies.-Continental
ER, AND AIDER BY VERDICT
OR JUDGMENT.

403 (5) (III.) Omission of allegation from creditor's bill by employé against employer's insurer held supplied by answer.-Kinnan v. Charles B. Hurst Co., 148 N. E. 12.

Guaranty Corporation v. Craig, 148 N. E. 548.

11 (Ohio) Public Utilities Commission held without jurisdiction of complaint affecting rights involved in cause pending in common pleas court.-Federal Gas & Fuel Co. v. Public Utilities Commission of Ohio, 148 N. E. 685. aid-32 (Ohio) On error to order of Public Utilities Commission, Supreme Court will determine whether fact finding is supported by evidence.-Cincinnati Traction Co. v. Public Utilities Commission of Ohio, 148 N. E. 921.

433 (4) (III.) Defects of substance not ed by statute of amendments and jeofails. Trustees of Schools v. Hoyt, 148 N. E. 867.

POLICE POWER.

[blocks in formation]

II. MUTUAL RIGHTS. DUTIES, AND LIA-6 (III.) Writ is not writ of right.-People

BILITIES.

[blocks in formation]

(E) Return and Proof of Service.

v. Arnett, 148 N. E. 306.

II. JURISDICTION, PROCEEDINGS, AND

RELIEF.

29 (III.) Delay or acquiescence may justify refusal of leave to file information.-People v. Arnett, 148 N. E. 306.

43 (III.) Leave to file information granted, without notice or hearing, may be vacated and set aside during term.-People v. Arnett, 148 N. E. 306.

62 (Ind.) Bond on appeal from judgment ousting incumbent from public office stays proceedings.-State v. Davisson, 148 N. E. 401. RAILROADS.

See Street Railroads.

I. CONTROL AND REGULATION IN GENERAL,

52 [New, vol. 6A Key-No. Series]

149 (III.) Defendant's uncorroborated tes-jury during federal control.-City of Elyria v. (Ohio) Company not responsibile for intimony, together with officer's failure to remember service, held insufficient to impeach return.-Marnik v. Cusack, 148 N. E. 42.

[blocks in formation]

Meacham, 148 N. E. 689.

6 (Mass.) Statute held prospective only.Codman v. New York, N. H. & H. R. Co., 148 N. E. 467.

II. RAILROAD COMPANIES.

18 (Mass.) Railroad held not prohibited from exercising ownership of stock in other railroad.-Codman v. New York, N. H. & H. R. Co., 148 N. E. 467.

Statute held not contract between commonwealth and railroad waiving latter's rights under former act.-Id.

[blocks in formation]
« ForrigeFortsett »