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all persons to procure tickets before entering the
The St. Louis & S. W. R. R. Co. v. Myrtle.
In an action against a railroad company for
584 the company, but it must also be shown that
such negligence caused the damage. Holman v.
Where a conductor attempts to eject a passen.
The train being in motion, the passenger is
justified in repelling any attempt to eject him
which would endanger his life or subject him
A contract between a railroad company and
an express company which provides that the
railroad company should assume the usual
136 for negligence of its employees, by means of
which one of the messengers is killed. Such
See NEGOTIABLE PAPER.
The U. S. District Court has jurisdiction of
An order “to execute and acknowledge for There is a distinction between a reservation
290 Unless the party's rights or interests are in-
juriously affected by the referee's action in the
The character of an action on contract to re-
The complaint is controlling in determining
As to practice on a reference, see PRACTICE.
An agreement not to sue one of several
Under section 4 of the Act ef 1813, providing
granted to the society or for its use, or no title
did not so intend, no title passes. The Aleran-
der Presbyterian Church v. The Presbyterian
REMOVAL OF CAUSE FROM STATE TO
A suit commenced and actually tried in a
State court, before the passage of the act of
Congress of March 3, 1875, but in which a new
After trial, appeal and reversal, it is too late per se work a forfeiture of the right to be allow-
Ib.ed to file supplemental bill, but is only a cir-
cumstance bearing on the good faith of the ap-
Section 121 of the code includes not only legal
A proceeding by petition :.gainst a former
478 charged as trustee under the statute, on the
ground of gross misinanagement and violation
Ib. against his representatives in case of the death
of such former trustee pending such proceed-
The rule that the sale of an interest in a vessel
even by the owners of a majority interest, is in.
capable of enforcement. Willinm8 v. Ireland. 281
Any contract that fetters the judgment of the
other parties, whose property or lives are in.
volved in the voyage, and therefore void. 1b.
Where a master, who is also part owner, sells
92 vendee, the latter takes only an expectancy that
he will be allowed by the owners to retain the
An exact meeting of the minds of the parties
with reference to all its terms and incidents is
necessary to constitute a contract of sale. Alex-
As to sales and re-sales on foreclosure, see
As to what is necessary to take a sale of per-
SALE OF INFANT'S LAND.
The findings of a referee in proceedings for
the sale of an infant's land are representations
A grandfather, who took his grandchild in
her infancy, and adopted and supported hei un-
place of business with a person of mature age, The heirs could not be compelled to take the
Neither a party nor a witness attending a and “ that the undersigned governor
STATUTE OF FRAUDS.
Where a party, as security for another, bas statute there must be a payment or a delivery
and acceptance of the article. Delivery without
Frauds. Marshall v. Green.
Such a sale is within the 17th Section, and a
100 goods sold, which made the oral contract of
sale binding within the meaning of the Sec
brances is valid. Taylor et al. v. Preston. 68
The law raises an implied promise on the
part of the vendee taking subject to encumbran-
440 vendor may sue to the use of the holder of the
encumbrances without showing that he bas
Ib. An agreement by which one creditor assumes
the debt of another creditor and takes security
from their debtor for his own debt and the one
assumed, and the other creditor realeses the
An action may be sustained for the price of
the delivery made some time subsequent to the
STATUTE OF LIMITATIONS.
Under the bank charter which bound the indi.
action accrues to each bill-holder when the bank
refuses to redeem, and is notoriously and contin-
In an action for work done, the plaintiff, in chase, whether it was known to the vendor or
One who holds under a grantee of a fraudu.
conveyance is not entitled, on paying the
amount of a judgment, to be subrogated to the
One who, after foreclosure, purchases of the
446 of a surety, and is not entitled to be subrogated.
The doctrine of subrogation is applicable
As to right of second mortgagee to be subro.
As to service of summons in, see SERVICE,
Section 1, Chap. 855, of the laws of 1869 as
of the former as amended by the latter act, pro-
vides for two separate and distinct classes of
The People ex rel. Atkinson et al., comrs.
The provision of Sec. 1, that the officers must
meet on the first Monday in September, is mere.
A Board of Supervisors are empowered to
37 name the officer by whom town bonds, to raise
money for road or bridge improvements, shall be
In a purchase of stock by a broker, and a sale jurors by night and on days when the court is
determine and not for the courts. Cahill v. The
As to damages recoverable in actions agairst
As to power of receiver to bring action for
partition, see PARTITION.
As to proceedings for contempt in, see CON-