602 | Ch. 223, § 37. 973 INDEX-DIGEST For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 1905, ch. 129, § 217... 609 CODE OF CRIMINAL PRO- 1905, ch. 167, § 68.. 1905, ch. 169, § 192, sub- 198 Ch. 231, § 5. 227 CEDURE. Ch. 231, 7, subsec. 2. 442 193 Ch. 231, § 7, subsec. 9. 801 1905, ch. 169, 204. Ch. 231, 51. 801 Amended by Laws 1915, 1905, ch. 169, § 235.. Ch. 231, § 89. 101 REVISED STATUTES. 602 Ch. 231, § 96.. 379 193 Ch. 233, 19. 461 1907, ch. 222. Amended Ch. 233, 23. 113 First Edition. Volume 1. by Laws 1911, ch. 249.. 675 Ch. 234, § 29. 123 1907, ch. 236, § 3... 406 Ch. 246, § 26. 1911, ch. 223' 481 Ch. 250, $ 3. 1911, ch. 249 447 Pt. 2, tit. 1, ch. 8, § 44... 518 .567, 570 675 Ch. 259, 1, subsec. 4... 811 SURROGATE'S COURT ACT. 1913, ch. 102 1915, ch. 14 1915, ch. 106 .428, 496 SPECIAL LAWS. CONSOLIDATED LAWS. 1915, ch. 106, § 27.. 425 1915, ch. 106, § 32.. 161 1917, ch. 358 805 Arbitration Law. 1915, ch. 106, M 45. 88 3, 4.. 559 Amended by Laws 1919, LAWS. ch. 57, §1.. 161 Civil Service Law. 1915, ch. 176, § 2.. 198 1917, ch. 4, § 4. Amend- 1780, ch. 15. Amended by Ch. 7. 627 ed by Laws 1923, ch. 23, Laws 1807, ch. 22.. 900 $$ 19, 20.. 627 § 1... 197 1807, ch. 22 900 1917, ch. 4. § 20. 412 1823, ch. 50 900 1917, ch. 133 481 1823, ch. 50, § 3.. 1919, ch. 49 405 1872, ch. 194 444 Decedent Estate Law. 900 $160. Amended by Laws 1925, chs. 253, 603..... 556 1919, ch. 57, § 1. 161 1887, ch. 270, § 1, sub- 1919, ch. 234 406 sec. 1... 1921, ch. 130 481 1890, ch. 418 813 1921, ch. 250, § 1 403 1923, ch. 23, § 1. .143, 197 1892, ch. 126' 1890, ch. 418, § 6.. 813 $ 70. 624 ...... 81. 630 805 1923, ch. 33 403 1907, ch. 585 467 1923, ch. 33, §§ 1, 3.. 403 1909, ch. 486, § 30. 813 Election Law. 1923, ch. 34 146 1909, ch. 519 467 §§ 243, 245, 246..... 784 1925, ch. 19 474 1910, ch. 399 138 1925, ch. 45 1911, ch. 624 458 General Business Law. 417 1925, ch. 48, § 6. 403 1913, ch. 509, § 1.. 895 1925, ch. 201, § 1....148, 474 1914, ch. 742, §§ 150-152 1914, ch. 687 805 1914, ch. 766 467 895 §§ 352, 354, 356, 359. $$_352 to 359a. Added by 627 1918, ch. 247 458 MASSACHUSETTS. CONSTITUTION. Pt. 2, ch. 1, § 1, art. 4... 889 Amended by Laws 1923, 627 1922, ch. 403, § 1.. 593 § 359b. Added Laws 1923, 1923, ch. 242 458 ch. 600.. 627 1925, ch. 240 130 NEW YORK. Highway Law. 546 380 Art. 1, § 6. 796 Art. 5, 9. 627 Insurance Law. Art. 6, 9..333, 537, 727, 786 § 67. 661 548 Ch. 40, $ 21.. 805 $141. Amended by Laws 661 Ch. 40, $ 53.. CIVIL PRACTICE ACT. 813 Ch. 59, 2... 889 (Laws 1920, ch. 925.) § 141b. Added by Laws 661 Ch. 65, 1. Amended by Laws 1922, ch. 403, § 1 593 $209.. Ch. 66, § 6.. 609 $211. Ch. 84, 15.. 376 $212. 771 88 111, 160, 185..... 771 Negotiable Instruments Law. 535 Ch. 90 889 $213. 532 Ch. 93, §§ 2. 3. 450 $258 771 Penal Law. Ch. 106, § 23, subsec. 2.. 217 276. 552 §§ 2, 43. 786 Ch. 106, 58, subsec. 7.. 441 466. 637 $$ 404, 406. 796 Ch. 107, 74.. 105 588, subsec. 2. 725 580, 583. 786 Ch. 119, §§ 52-72.. 449 588, subsec. 3. .639, 757 956. 634 Ch. 143 805 $$ 902, 903. 532 1930, subsecs. 1, 3. 786 Ch. 154, § 41. 609 §§ 1149, 1150. 725 1933. 786 Ch. 156, § 12.. § 1157 518 1938. 796 Ch. 156, §§ 32, 41, 43... 609 § 1162. 624 Ch. 158, § 46.. 1304. 187 609 Personal Property Law. Ch. 159, § 40, 45. 1451. 590 562 Ch. 160, § 71.. 1453.. 467 .559, 562 §§ 82, 85.. 212 Ch. 167 130 1457.. Ch. 167, § 22. 138 Ch. 167, §§ 28, 29, 31.. 130 RULES OF CIVIL PRAC- Ch. 167, 35. Amended by Laws 1925, ch. 240.. 130 Rules 93, 104, 113.... 130 Ch. 172, § 18, 24, 39, 63 609 Rules 281, 282.... .... TICE. 559 $8 124, 144. Added by 659 215 660 Ch. 183, § 3... Ch. 203, §§ 40-42. Ch. 215, § 16... 807 811 CODE OF CIVIL PROCE- 461 1570. Ch. 218, §§ 26, 30. 110 § 1760. 639 365. Amended by Laws 1922, ch. 426. 530 STREET RAILROADS. II. REGULATION AND OPERATION. 470 1923, p. 216 697 1923, p. 217 23 (Mass.) Evidence held to warrant find- Note presumed to have been delivered on SURETYSHIP. See Principal and Surety. SURVIVAL. 114(19) (Mass.) Evidence held not to justify See Abatement and Revival, ~50. SUBROGATION. (I.) To what cases doctrine of subro- 16 (1) Purchaser at administrator's sale, Purchaser buying subject to rule of caveat SUNDAY. 13 (Mass.) That note made and dated on TAXATION. III. LIABILITY OF PERSONS AND PROP- (B) ERTY. 120 (III.) Capital stock, including stock of (D) Exemptions. 196 (Ohio) Act exempting from taxa- 245 (III.) Stock of cemetery corporation For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 251 (III.) One claiming exemption has bur- sence of disseisin.-Leininger v. Reichle, 148 den to clearly show that property is within N. E. 384. exemption statute.-People v. Elmwood Ceme-28(4) (III.) Grantee of tenant in common tery Co., 148 N. E. 273. V. LEVY AND ASSESSMENT. (C) Mode of Assessment in General. held properly charged with rent and profits during his exclusive possession, less taxes paid by him.-Leininger v. Reichle, 148 N. E. 384. ~29 (2) (1.) Grantee of cotenant under deed 3632 (N.Y.) Expenses of trust estate in void as to other tenants is not entitled to cost excess of income therefrom proper deduction of improvements while in exclusive possession. from income from individual estate.-People ex-Leininger v. Reichle, 148 N. E. 384. rel. Field v. Gilchrist, 148 N. E. 530. (D) Mode of Assessment of Corporate Stock, Property, or Receipts. 386(2) (Ohio) In fixing value of bank's shares, value of its real estate is fixed as assessed on tax duplicate.-Board of County Com'rs of Franklin County v. Commercial Nat. Bank of Columbus, 148 N. E. 344. (G) Review, Correction, or Setting Aside of Assessment. Absence of evidence as to extent improvements made by grantee of cotenant under deed void as to other tenants enhanced value of land precluded provision in decree for allowance of increase in value.-Id. TENDER. ~~13(1) (Mass.) Actual production and offer of money due is essential to valid tender, unless waived; "tender."-Mondello v. Hanover Trust Co., 148 N. E. 136. Mere offer or statement that party has money ready and is willing to pay is insufficient to constitute valid "tender."-Id. 453 (III.) Taxpayer must avail himself of statutory remedy against excessive assessment or valuation, and cannot first resort to courts in defense of action for delinquent tax.-People v. Elmwood Cemetery Co., 148 N. E. 273. (1) (Mass.) Attempt to extort money by 494 (1) (III.) Judgment, in action in debt threat is gist of offense under statute not deto collect delinquent taxes on stock of ceme- pendent on state of mind of person threatened. tery corporation, held erroneous as attempted Commonwealth v. Corcoran, 148 N. E. 123. revision of valuation by taxing authorities.6 (Mass.) Proof of defendant's use of exPeople v. Elmwood Cemetery Co., 148 N. E. act words alleged unnecessary.-Commonwealth v. Corcoran, 148 N. E. 123. 273. 494 (2) (III.) Courts cannot value property for taxation, but can only defeat fraudulent assessment, or one so excessive as to amount to fraud.-People v. Elmwood Cemetery Co., 148 N. E. 273. XIII. LEGACY, INHERITANCE, AND 865 (Mass.) Shares in trust in real estate held "property within the commonwealth."Baker v. Commissioner of Corporations and Taxation, 148 N. E. 593. 866 (Mass.) Interest of certificate holder in trust consisting wholly of land held to constitute "equitable interest" in land.-Baker v. Commissioner of Corporations and Taxation, 148 N. E. 593. Equitable interest in land within statute imposing excise on "any interest in real estate." -Id. 876(2) (Ind.App.) Property transferred by will to trust company for charitable purposes not exempt from inheritance tax. In re Arp's Estate, 148 N. E. 427. TELEGRAPHS AND TELEPHONES. II. REGULATION AND OPERATION. 33(1) (Ohio) Amount deducted for depreciations is actual depreciation at time of inquiry; deduction for depreciation made from reproductive cost of physical properties.-City of Cincinnati v. Public Utilities Commission, 148 N. E. 817. Valuation of property of utility fixed by considering actual depreciation; utility entitled to reasonable return.-Id. Deduction of more than actual depreciation in ascertaining present valuation of property not justified.-Id. 34 (Ohio) Classified service schedule held reasonable, and not discriminatory.-City of Cincinnati v. Public Utilities Commission, 148 N. E. 817. TENANCY IN COMMON. See Joint Tenancy. II. MUTUAL RIGHTS, DUTIES, AND LIA- 15(2) (II.) Possession of one tenant in common is not adverse to his cotenants, in ab 7 (Mass.) Evidence held to warrant finding defendant entered into scheme or plot to extort money by threat of accusation of crime of adultery.-Commonwealth v. Corcoran, 148 N. E. 123. Contract between defendant and credit reporting company and subscriber's tickets and requests for information held admissible.-Id. 8 (Mass.) Whether statements made to complaining witness constituted threats of prosecution for crime held question of law for court.-Commonwealth v. Corcoran, 148 N. E. 123. TORTS. See Fraud, 20-64; Libel and Slander, ~9– TOWNS. IV. FISCAL MANAGEMENT, PUBLIC DEBT, 52(1) (Ind.) Board of commissioners did not lose jurisdiction to issue bonds for construction of roads because prices went up while matters were pending.-State v. Board of Com'rs of Dubois County, 148 N. E. 198. 52 (4) (Ind.) "Judgment establishing road" rendered when report of viewers and engineer was approved, as respects issuance of bonds, in order in which judgments are established.State v. Board of Com'rs of Dubois County, 148 N. E. 198. TRADE UNIONS. 4 (N.Y.) Denial of privileges of association without hearing on notice enjoined in absence of remedy by appeal.-Simons v. Berry, 148 N. E. 636. 9 (N. Y.) Injunction against consolidation of local unions granted only pending appeal to convention of members.-Powell v. United Ass'n of Plumbers and Steamfitters of United States and Canada, 148 N. E. 728. TRIAL. See Costs; Criminal Law, 633-878; Jury; For trial of particular actions or proceedings, III. COURSE AND CONDUCT OF TRIAL IN 18 (Mass.) Presiding judge has adequate power and duty to see that fair trial is had.--| Allen v. Guarante. 148 N. E. 461. IV. RECEPTION OF EVIDENCE. (A) Introduction, Offer, and Admission of Evidence in General. 53 (Mass.) Defendants, by limiting examination or cross-examination concerning registration card, could not narrow its probative value or effect as evidence.-Pizer v. Ĥunt, 148 N. E. 801. 54(1) (Mass.) Admission of electrical code for limited purpose held not ground for exception.-Lamberti v. Neal, 148 N. E. 463. (C) Objections, Motions to Strike Out, and Exceptions. 89 (Ind.App.) Evidence offered to show that second annual premium of policy had been paid should have been stricken as being without probative force.-Equitable Life Assur. Soc. of U. S. v. Campbell, 148 N. E. 505. V. ARGUMENTS AND `CONDUCT OF 129 (1.) Language of appellee's counsel in argument to jury held not to have prejudiced defendant.-Bremer v. Lake Erie & W. R. Co., 148 N. E. 862. (E) Requests or Prayers. 260(1) (Mass.) Refusal of requests covered by charge held without error.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105; Cullen v. New England Fuel & Transportation Co., 148 N. E. 371. 260 (8) (Mass.) Refusal of request held without error, in view of instruction given.— Lamberti v. Neal, 148 N. E. 463. Charge on nonapplication of doctrine of res ipsa loquitur held sufficiently favorable to defendant.-Id. 260(9) (Mass.) Request held fully covered by instruction given.-Bradley Lumber & Mfg. Co. v. Cutler, 148 N. E. 101. Request on seller's failure to perform contract covered by remarks of court thereon.-Id. (G) Construction and Operation. 296(2) (I.) Instruction on issue of mental incapacity held not prejudicial error.-Kimber v. Kimber, 148 N. È. 293. 296 (2) (Ind.App.) Instruction on acknowledgment of illegitimate child not objectionable, in view of other instructions.-Castor v. McDole, 148 N. E. 643. 296(3) (Ind.App.) Instruction on negligence not erroneous.-Pittsburg, C., C. & St. L. R. Co. v. Rushton, 148 N. E. 337. 296 (3) (Mass.) Error in instruction defining vessel owners' duty to furnish safe place to work held harmless.-Cullen v. New England Fuel & Transportation Co., 148 N. E. 371. VIII. CUSTODY, CONDUCT, AND DELIBER- 133(1) (Ohio) Request that jury should pay no attention to statement in argument of possible claim of defendant against another improperly refused.-Herman v. Teplitz, 148304 (Ohio) Request of juror on way to jury box to see plaintiff's injured hand held not of itself cause for mistrial.-Cleveland-Akron VI. TAKING CASE OR QUESTION FROM Bag Co. v. Jaite, 148 N. E. 82. N. E. 641. JURY. (A) Questions of Law or of Fact in Gen eral. 140(1) (Ind.App.) Peremptory instruction for defendant in suit on life insurance policy held properly denied, where evidence involved credibility of witnesses, which was for jury. Equitable Life Assur. Soc. of U. S. v. Campbell, 148 N. E. 505. IX. VERDICT. (A) General Verdict. 330(3) (Mass.) Finding or verdict applied to good count in declaration.-Pizer v. Hunt. 148 N. E. 801. 336 (Ind.App.) Statement on verdict concerning matter not in issue is surplusage, and 143 (III.) When evidence conflicting circuit does not vitiate matter properly found in due court cannot direct verdict.-Myers v. North-form.-People's State Bank of Indianapolis v. Hall, 148 N. E. 486. western Elevated R. Co., 148 N. E. 858. VII. INSTRUCTIONS TO JURY. eral. (B) Special Interrogatories and Findings. (A) Province of Court and Jury in Gen-344 (Ind.) Affidavits of jurors may be considered in aid of verdict, but not to impeach it. -Spannuth v. Cleveland, C., C. & St. L. Ry. Co., 148 N. E. 410. as 191(2) (II.) Instruction held not to sume testatrix was induced to execute instrument.-Kimber v. Kimber, 148 N. E. 293. X. TRIAL BY COURT. 191(3) (Mass.) Charge held not to assume that note was genuine.-Banca Italiana Di (A) Hearing and Determination of Cause. Sconto v. Columbia Counter Co., 148 N. E. 105.386 (4) (Mass.) Refusal of requests, based without error.-Stein v. Almeder, 148 N. E. on assumed fact judge not required to find, held 441. (D) Applicability to Pleadings and Evi dence. TROVER AND CONVERSION. 251 (7) (Mass.) Whether note construed by law of Italy or Massachusetts being immaterial, requests on subject properly denied.Banca Italiana Di Sconto v. Columbia Counter I. ACTS CONSTITUTING CONVERSION AND Co., 148 N. E. 105. LIABILITY THEREFOR. 252(1) (I.) Error to submit issue appeal-2 (Ind.App.) Fixtures severed by trespasing to prejudice or sympathy of jury, where ser subject of conversion.-Trust & Savings evidence to support issue properly submitted is Bank of Rensselaer v. Brushahan, 148 N. E. inconclusive.-Buerger v. Buerger, 148 N. E. 427. 274. 252(11) (N.Y.) Instruction seaman on ship TRUST COMPANIES. chartered by Emergency Fleet Corporation See Banks and Banking, ~3121⁄2-317. 253 (5) (Mass.) Denial of request exclud- See Mortgages. ing liability on ground of ratification held without error.-Banca Italiana Di Sconto v. Columbia Counter Co., 148 N. E. 105. TRUST DEEDS. TRUSTS. See Monopolies, 8-20. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 79 (Mass.) How resulting trust may be created.-Moynihan v. Murphy, 148 N. E. 380. 80 (Mass.) Facts alleged held not to imply trust.-Moynihan v. Murphy, 148 N. E. 380. VII. ESTABLISHMENT AND ENFORCE- (B) Right to Follow Trust Property or ~358(1) (Mass.) Trust not established can be traced into specific fund or property. against proceeds of trust property, unless they Yesner v. Commissioner of Banks, 148 N. E. 224. 89(1)(III.) Resulting or implied trust not sufficiently established, where evidence capable of reasonable explanation on theory other than 358(2) (Mass.) It is equitable fiction to asexistence of such trust.-Parker v. Ruley, 148 sume that, in fluctuations of fund made up in part of money obtained by fraud, wrongdoer's purpose was to draw out his own.-Yesner v. Commissioner of Banks, 148 N. E. 224. N. E. 308. 89 (5) (III.) Parol evidence to establish equitable title, as against legal title of one in possession, must be clear and convincing.Parker v. Ruley, 148 N. E. 308. (C) Constructive Trusts. (C) Actions. ~371 (62) (Mass.) Demurrer to bill rightly sustained.-Moynihan v. Murphy, 148 N. E. 380. 96 (Mass.) Facts alleged held not to support constructive trust.-Moynihan v. Murphy, See Trade Unions. 148 N. E. 380. N. E. 19. Trustee may charge his accounts with whatever expense or loss he has been required to meet, where he exercised good faith and common prudence.-Id. 250 (1.) Trustee's indemnification by trust estate for losses sustained, does not create direct liability against estate to third persons. Austin v. Parker, 148 N. E. 19. Generally, remedy of third persons dealing with trustee is against trustee only.-Id. When third person dealing with trustee may proceed directly against trust estate in chancery, stated.-Id. 254 (1.) Trustee, binding himself for benefit of estate, is liable in action at law, and bill of equity will not lie against trust estate. -Austin v. Parker, 148 N. E. 19. V. EXECUTION OF TRUST BY TRUSTEE 272(3) (N.Y.) Rules for distribution of extraordinary dividends on stock of trust estate declared.-Bourne v. Bourne, 148 N. E. 180. Judgment of directors of corporation in valuing capital and surplus, not reviewed except for ignorance or mistake of law.-Id. UNIONS. USURY. (A) As to Each Other. 189 (N.Y.) Vendee held not estopped to dispute vendor's title.-Trembath v. Berner, 148 N. E. 729. 191 (Mass.) Vendee has no right to possession before obtaining deed unless contract so specifies.-Barrell v. Britton, 148 N. E. 134. Vendor could maintain writ of entry and thereby gain possession.-Id. (C) Bona Fide Purchasers. Burden is on one asserting bad faith or ignorance of corporate directors in valuation of 232(1) (III.) Possession of third person assets to prove it.-Id. constructive notice to purchaser of possessor's rights.-Union Bank of Chicago v. Gallup, 148 N. E. 2. Rule for disposition of ordinary dividends from profits made after loss has been sustained by corporation stated.-Id. Remainderman entitled to extraordinary dividends, though loss has been made good from subsequent profits.-Id. Extraordinary stock dividend properly allocated to capital of trust estate.-Id. Finding that loss to corporation, whose stock composed trust, occurred after creation thereof sustained.-Id. Extraordinary cash or stock dividend declared from surplus restored by profits should be allocated to remainderman.-Id. 148 N.E.-62 232 (2) (III.) Second party's possession not notice to purchasers where record owner also in possession.-Union Bank of Chicago v. Gallup, 148 N. E. 2. VI. REMEDIES OF VENDOR. 280(1) (N.Y.) Vendor's complaint not containing offer to convey does not state cause of action for foreclosure.-Trembath v. Berner, 148 N. E. 729. |