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BRIEFS.

See Appeal and Error, 758-768.

BROKERS.

II. EMPLOYMENT AND AUTHORITY.

15 (III.) Broker entering into absolute and unconditional contract for principal is liable for damages resulting from cancellation without principal's consent, notwithstanding broker and his contractee act under rules of Board of Trade of which they are members.-Thomson v. Thomson, 146 N. E. 451.

BURGLARY.

II. PROSECUTION AND PUNISHMENT. 41(1) (Mass.) Evidence held to sustain conviction of being accessory to breaking and entering and larceny.-Commonwealth v. Spezzaro, 146 N. E. 3.

BURYING GROUNDS.

See Cemeteries.

CANCELLATION OF INSTRUMENTS.

I. RIGHT OF ACTION AND DEFENSES.

Contract for purchase of corn subject to rules and regulations of Board of Trade held25 (II.) Plaintiff held not entitled under not absolute and unconditional.-Id.

Broker making settlement of contract for undisclosed principal on basis fixed by resolution of Board of Trade subject to which contract was made held not liable to principal.-Id.

III. DUTIES AND LIABILITIES TO
PRINCIPAL.

26 (Mass.) One with whose money stock is purchased by broker becomes owner of such stock, entitled to it on demand.-Gifford v. Eastman, 146 N. E. 773.

29 (Mass.) Broker's failure to sell, and retention of stock held by him only as agent for sale, held evidence of intent to appropriate to himself.-Gifford v. Eastman, 146 N. E. 773.

bill or evidence to rescission and cancellation of contract for sale of real estate.-Lasier v. Mayer, 146 N. E. 465.

II. PROCEEDINGS AND RELIEF. 34(1) (Mass.) Laches held no defense in suit by heirs to cancel releases to executor.Flynn v. Colbert, 146 N. E. 784.

CARRIERS.

1. CONTROL AND REGULATION OF COMMON CARRIERS.

(A) In General.

2 (Ohio) Act requiring issuance of certificate to parties operating busses at time of filing act with secretary of state held valid.Cincinnati Traction Co. v. Public Utilities Commission of Ohio, 146 N. E. 84.

36 (III.) Purchaser of corn through broker, who ratified contract made subject to regulations of Board of Trade, held bound by con- 4 (Ohio) Motor vehicle owner transportract, though not absolute and unconditional in accordance with instructions to broker. Thomson v. Thomson, 146 N. E. 451.

ing property for hire under contract only held not common carrier nor motor transportation company. Hissem v. Guran, 146 N. E. 808. Person notified that contract made for him 5 (Ohio) Private carriers held not subject has been made subject to certain rules and to law regulating operation of motor vehicles. regulations may not avoid effect of such regu-Hissem v. Guran, 146 N. E. 808. lations by denying notice or knowledge of 8 (Ohio) Denial of rehearing by Public them.-Id. Utilities Commission without taking evidence held not unreasonable.-Cincinnati Traction Co. v. Public Utilities Commission of Ohio, 146 N. E. 84.

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of directors 38(4) (III.) Resolution Chicago Board of Trade held admissible as affecting terms of contract in action against broker for damages for alleged unlawful settlement.-Thomson v. Thomson, 146 N. E. 451.

IV. COMPENSATION AND LIEN. 52 (Mass.) Broker held not obliged to show customer.his contract binding on Buono v. Cody, 146 N. E. 703.

54 (Mass.) When broker entitled to commission for sale stated.-Buono v. Cody, 146 N. E. 703.

Defendant's assent to terms submitted by broker obviated necessity of producing cash customer.-Id.

60 (Mass.) Broker not entitled to commission, where owner received nothing above price stipulated, and sale was not consummated.Carpenter v. Blake, 146 N. E. 224.

V. ACTIONS FOR COMPENSATION. 86(1) (Mass.) Evidence of defendant's authorization of broker to procure customer on definite terms before conference in plaintiff's office held lacking.-Hall v. Kotowski, 146 N. E. 717.

86 (3) (Mass.) Evidence held to show parties failed to agree on terms of sale.-Hall v.

Kotowski, 146 N. E. 717.

88 (2) (Mass.) Whether broker treated defendant as owner of property was fact question. -Buono v. Cody, 146 N. E. 703.

Broker held not to know that defendant was agent only for sale of premises.-Id.

88(3) (Mass.) Testimony of customer that he was ready and able to buy raised question of fact.-Buono v. Cody, 146 N. E. 703.

Affidavit held prima facie evidence of facts alleged, and if facts uncontroverted Commission may issue certificate thereon.-Id.

8 (Ohio) Motor transportation company holding certificate not entitled to protection from competition of private carriers over same routes. Hissem v. Guran, 146 N. E. 808.

II. CARRIAGE OF GOODS.

(A) Delivery to Carrier.

39 (III.) Cannot be required to receive or deliver freight from or to point off its lines.Cleveland, C., C. & St. L. Ry. Co. v. Commerce Commission, 146 N. E. 606.

(B) Bills of Lading, Shipping Receipts, and Special Contracts.

51 (Mass.) Bill of lading defined.-National Wholesale Grocery Co. v. Mann, 146 N. E. 791.

(D) Transportation and Delivery by Car

rier.

82 (Mass.) Goods shipped to consignee in care of another person may be properly delivered by carrier to such person.-Philadelphia Tapestry Mills v. New England S. S. Co., 146 N. E. 777.

(E) Delay in Transportation or Delivery.

100(1) (Ind.App.) Demurrage rules extending free time for weather conditions, inapplicable where delay caused by consignee's inability to receive shipment.-Davis v. Steele, 146 N. E. 425.

(J) Charges and Liens.

88 (3) (Mass.) Question whether parties came to understanding as to terms, or whether terms were not to be settled until agree-196 (Ind.App.) Evidence held insufficient to ment was signed, rightly submitted.-Hall v. excuse delay in unloading car of oil.-Davis v. Kotowski, 146 N. E. 717.

Steele, 146 N. E. 425.

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For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
IV. CARRIAGE OF PASSENGERS.
(A) Relation Between

senger.

Carrier and Pas

241 (Ind.App.) Railway mail clerks held "passengers."-Pittsburgh, C., C. & St. L. R. Co. v. Jones, 146 N. E. 864. 247(1) (Ind.App.) Mail clerk held not deprived of rights as passenger by entering car not yet switched into train.-Pittsburgh, C., C. & St. L. R. Co. v. Jones, 146 N. E. 864.

(D) Personal Injuries.

303 (6) (Mass.) Mere fact that passenger was injured while alighting by violence of crowd attempting to board car does not impose liability.-Dullea v. Boston Elevated Ry. Co., 146 N. E. 237.

CHARITIES.

II. CONSTRUCTION, ADMINISTRATION,
AND ENFORCEMENT.

45(2) (N.Y.) Plaintiff could not hold charitable hospital for negligence of orderly.-Phillips v. Buffalo General Hospital, 146 N. E. 199. "Orderly," in charitable hospital, working as "nurse," on same basis as doctors and nurses as to negligent acts.-Id.

See Infants.

CHILDREN.

CITIES.

See Municipal Corporations.

CIVIL RIGHTS.

Rule stated as to duty to guard alighting passengers from violence of crowd getting on car. See Constitutional Law, 83. -Id.

Knowledge that large crowd would be present imposed no liability to alighting passenger injured by its violence, unless on showing of previous misconduct of crowds.-Id.

316(1) (Mass.) Burden was on plaintiff to show defendant's negligence.-Hurley v. New York, N. H. & H. R. Co., 146 N. E. 235.

CLASS LEGISLATION.

See Constitutional Law, 230.

COMMERCE.

I. POWER TO REGULATE IN GENERAL.

320 (19) (Mass.) Whether sudden stopping of elevated train was negligence held question 8(12) (III.) Statute held not to apply to for jury.-Gray v. Boston Elevated Ry. Co., situations coming under Federal Transportation Act.-Cleveland, C., C. & St. L. Ry. Co. 146 N. E. 244. of defendant's v. Commerce Commission, 146 N. E. 606. 320 (25) (Ohio) Evidence negligence causing injury to passenger held to raise jury question.-Jackson v. Cleveland Ry. Co., 146 N. E. 75.

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344 (Mass.) Burden was on plaintiff to show that decedent exercised due care.-Hurley v. New York, N. H. & H. R. Co., 146 N. E. 235.

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346 (3) (Mass.) Evidence held to show injury to plaintiff after reaching place of safety resulted from her lack of due care in attempting again to board car.-Hurley v. New York,-Id. N. H. & H. R. Co., 146 N. E. 235.

347(4) (Mass.) Evidence held to warrant finding that passenger was justified in assuming she could rightfully board train from unloading platform, so that direction of verdict for carrier was improper.-Threlkeld v. Boston Elevated Ry. Co., 146 N. E. 367.

348 (14) (Ohio) Evidence held insufficient to call for instruction on contributory negligence of passenger.-James v. Cincinnati Traction Co., 146 N. E. 211.

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9 (Mass.) "Permission of town" for cemetery must result from vote in town meeting. See Public Service Commissions. Inhabitants of Canton v. Westbourne Cemetery Corporation of Boston, 146 N. E. 258.

Statute regulating location of cemetery enforceable by injunction at suit of town.-Id.

CERTIORARI.

II. PROCEEDINGS AND DETERMINATION. 37 (II.) Incumbent not proper party in certiorari proceedings by ousted official to quash record discharging him.-People V. Thompson, 146 N. E. 473.

~70 (1) (1.) Circuit court's order on certiorari to review decision of board of appeals under zoning act not reviewable by Supreme Court on appeal or writ of error; "suit in equity"; "proceeding at law."-Petition Forbes, 146 N. E. 448.

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COMPROMISE AND SETTLEMENT.

See Accord and Satisfaction.

2 (N.Y.) Action for negligence maintainable without tendering back part payment under ineffective agreement.-Larscy v. T. Hogan & Sons, 146 N. E. 430.

5(1) (N.Y.) Agreement for settlement of claim not amounting to accord and satisfaction invalid.-Larscy v. T. Hogan & Sons, 146 N. E. 430.

5(2) (N.Y.) Part payment under agreement for settlement of personal injury claim not accord and satisfaction.-Larscy v. T. Hogan & Sons, 146 N. E. 430.

CONDEMNATION.

70(3) (III.) Judgment of circuit court in certiorari proceedings self-executing.-People v. See Eminent Domain. Thompson, 146 N. E. 473.

CHANCERY.

CONDITIONAL SALES.

See Equity.

See Sales, 475-479.

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III. DISTRIBUTION OF GOVERNMENTAL 30 (III.) Power to punish for contempt inherent in court.-State v. Froelich, 146 N. E. 733.

POWERS AND FUNCTIONS.

(A) Legislative Powers and Delegation

Thereof.

III. PUNISHMENT.

62 (III.) Medical Practice Act held not in-70 (III.) Punishment for contempt not invalid as delegation of legislative power.-Peo- tended as punishment for violation of criminal ple v. Witte, 146 N. E. 178. law.-State v. Froelich, 146 N. E. 733.

63(1) (Ohio) Acts providing disposition of motor vehicle license taxes held not invalid. -Fisher Bros. Co. v. Brown, 146 N. E. 100.

(B) Judicial Powers and Functions. ~70(1) (Ind.) Courts by construction may not annul statute whether reason for its enactment be logical or not.-Mid-West Box Co. v. Hazzard, 146 N. E. 420.

~70 (1) (Mass.) Granting mandamus to compel issuance of certificate of election held not invasive of rights of House of Representatives.-Madden v. Board of Election Com'rs of City of Boston, 146 N. E. 280.

CONTINUANCE.

See Criminal Law, 593-615.

CONTRACTS.

See Assignments; Bills and Notes; Compromise and Settlement; Covenants; Frauds, Statute of; Novation; Release; Sales; Specific Performance; Stipulations; Vendor and Purchaser.

I. REQUISITES AND VALIDITY.

70(3) (Ohio) Legislature may regulate or (B) Parties, Proposals, and Acceptance. prohibit use of saccharin in food or drinks.-29 (N.Y.) That instrument not a contract Longbrake v. State, 146 N. E. 417. held not declarable as a matter of law.-Saltzman v. Barson, 146 N. E. 618.

(C) Executive Powers and Functions. 80(1) (Ind.) Act of auditor in drawing warrants for refund of money paid as tax on sale of gasoline held not judicial.-Gafill v. Bracken, 146 N. E. 109.

Act imposing tax on sale of gasoline held not to confer judicial power upon an administrative officer.-Id.

IV. POLICE POWER IN GENERAL.

81 (III.) State in exercise of police power may regulate all occupations.-People v. Witte, 146 N. E. 178.

Legislature sole judge as to laws enacted to protect public health.-Id.

V. PERSONAL, CIVIL AND POLITICAL RIGHTS.

83(1)(Mass.) Right of personal liberty must yield to prosecutions for crime.-Klous v. Bolster, 146 Ñ. E. 783.

VII. OBLIGATION OF CONTRACTS. (C) Contracts of Individuals and Private Corporations.

156 (111.) Judgment holding purchaser of leased lands liable for special assessments held not to impair obligations of lease.-Carlyle v. Bartels, 146 N. E. 192.

X. EQUAL PROTECTION OF LAWS.

230(1) (Ohio) Act taxing motor vehicles according to horse power held not violative of equal protection_clauses.-Fisher Bros. Co. v. Brown, 146 N. E. 100.

XI. DUE PROCESS OF LAW.

275(1) (Mass.) Attorney cannot be deprived of right to practice except by proceedings complying with due process.-Bar Ass'n of City of Boston v. Sleeper, 146 N. E. 269. ~278(1) (III.) Mortgage foreclosure statute held not void as violating due process clause. Hall v. American Bankers' Ins. Co., 146 N. E. 137.

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II. CONSTRUCTION AND OPERATION. (A) General Rules of Construction. 143 (Mass.) Contract construed as whole to ascertain intent.-Aurnhammer v. Brotherhood Acc. Co., 146 N. E. 47.

152 (N.Y.) Business contract must be construed in light of what a business man would expect to give or receive under its terms.Shirai v. Blum, 146 N. E. 194.

164 (Mass.) Rules of stock exchange held part of contracts between members.-Brickley v. Wrenn, 146 N. E. 797.

175(3) (Mass.) Conditions held to warrant implication that words, clauses, and sentences were used with appreciation of exact meaning and precise application to subject-matter.MacDonald v. Page Co., 146 N. E. 727.

(C) Subject-Matter.

203 (Mass.) Contract between publisher and author held to restrict publication to stories submitted by author in 1919.-MacDonald v. Page Co., 146 N. E. 727.

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

267 (III.) Jurisdiction to grant rescission of written contract for mistake of one party will not be exercised unless due care and diligence is shown.-Lasier v. Mayer, 146 N. E.

465.

V. PERFORMANCE OR BREACH.

2922 [New, vol. 11A Key-No. Series] (N.Y.) Duty of court to enforce agreements as to arbitration.-S. A. Wenger & Co. v. Propper Silk Hosiery Mills, 146 N. E. 203. Where parties have selected tribunal for arbitration, court will not ordinarily interfere. -Id.

CONTRIBUTION.

(N.Y.) Owners of securities wrongfully pledged by stockbroker and sold by pledgee held entitled to contribution from owners of other securities pledged but not sold.-Asylum of St. Vincent De Paul v. McGuire, 146 N. E. 632. 3 (N.Y.) One who has borne more than his just share of common burden is entitled to contribution from others who have been dealt with more fortunately.-Asylum of St. Vincent De Paul v. McGuire, 146 N. E. 632.

CONVERSION.

See Trover and Conversion.

19(2) (N.Y.) Conversion held not effected until life beneficiary's death.-In re Seymour's Will, 146 N. E. 372.

CORPORATIONS.

See Banks and Banking; Carriers; Electric-
ity; Gas; Municipal Corporations; Public
Service Commissions; Railroads; Street
Railroads.

155(5) (Mass.) Breach of trust on part of corporate directors must be specifically charged.-Thomas v. Laconia Car Co., 146 N. E. 775.

156 (Mass.) Preferred stockholder's rights are contractual, and determined from provisions of stock certificate and statute.-Thomas v. Laconia Car Co., 146 N. E. 775.

Preferred stockholder, refusing to accept second preferred stock in lieu of accumulated dividends, held not entitled to cash payment of such dividends in preference to other preferred stockholders.-Id.

V. MEMBERS AND STOCKHOLDERS. (C) Suing or Defending on Behalf of Corporation.

204 (N.Y.) One whose corporate stock becomes valueless because of fraud by which consent to act of bankruptcy was obtained may recover damages.-Adams v. Clark, 146 N. E. 642.

VI. OFFICERS AND AGENTS. (C) Rights, Duties, and Liabilities as to Corporation and its Members.

320 (1) (Mass.) Suits by stockholders against officers of corporation not maintainable in equity to enforce personal rights.-Bonner v. Chapin Nat. Bank of Springfield, 146 N. E. 666.

320 (5) (Mass.) Where application by stockholder to corporation for relief would be useless, it is not required.-Bonner v. Chapin Nat. Bank of Springfield, 146 N. E. 666.

320 (7) (Mass.) Bill by stockholders against officers must allege suit is for corporation's Springfield, 146 N. E. 666. benefit.-Bonner v. Chapin Nat. Bank of

VII. CORPORATE POWERS AND

LIABILITIES.

(B) Representation of Corporation by Officers and Agents.

I. INCORPORATION AND ORGANIZATION. (N.Y.) Even though stockholder owns controlling interest, corporation is separate from him.-American Union Line v. Oriental 406 (4) (Ind.App.) General manager of Nav. Corporation, 146 N. E. 338. apparent authority to contract for right to moving picture business of corporation had use films.-Blackstone Theatre Corporation v. Goldwyn Distributing Corporation, 146 N. E.

22 (11.) Duties of Secretary of State, in filing or refusing to file statement of incorporation and issue certificate, are ministerial.People v. Emmerson, 146 N. E. 129.

217.

Statement of incorporation permitting direc-423 (Ind.App.) Liable for slander committors at discretion to divide preferred stock into ted by agent by authority of corporation exclasses held not entitled to be filed.-Id. press or implied.-Writesman v. Pettis Dry Goods Co., 146 N. E. 835.

II. CORPORATE EXISTENCE AND

FRANCHISE.

432(5) (Mass.) Payee of note executed by treasurer had burden of proving majority of di40 (Mass.) Alterations in agreement of asrectors, with knowledge of transaction, adopted sociation adopted by two-thirds of stockhold-it.-Cashin v. Corporation Finance Co., 146 N. ers binding on minority.-Thomas v. Laconia E. 233. Car Co., 146 N. E. 775.

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(D) Transfer of Shares.

125 (Mass.) Firm to whom shares of stock were specially indorsed became person appearing by certificate to be owner.-Place v. Chaffee, 146 N. E. 722.

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Purchase of stock certificates after fraudu-513(4) (Ind.App.) Complaint against corlent alteration by erasure of special indorse-poration for slander held to sufficiently allege ment gave no title to purchaser.-Id. that employee was acting within scope of employment when making slanderous statement. Writesman v. Pettis Dry Goods Co., 146 N. E. 835.

Where special indorsement of certificates was erased, delivery thereafter did not pass title.-Id.

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II. GOVERNMENT AND OFFICERS. (B) County Seat.

35(1) (Ind.) Appeal from action of board of commissioners in ordering or refusing to order election not proper remedy.-Gannon v. State, 146 N. E. 329.

IV. COURTS OF LIMITED OR INFERIOR
JURISDICTION.

190(1⁄2) (Ohio) Act held not to exclude jurisdiction of court of common pleas of Hamilton county over proceedings in error from judgments of municipal court of Cincinnati.Hess v. Devou. 146 N. E. 311.

190(1) (Ohio) Act held to be general law and to define general jurisdiction of courts of common pleas to review judgments of other courts including municipal courts.-Hess v. Devou, 146 N. E. 311.

190 (8) (Mass.) Action of appellate division of municipal court in reversing, on facts judgment for plaintiff, and ordering judgment for defendant, unwarranted.-Newman v. Hill, 146 N. E. 46.

Appeal from determination of board of commissioners as to validity of election held prop-190(9) (Mass.) Action of appellate divier remedy.-Id.

(C) County Board.

58 (Ind.App.) Appeal from commissioners dismissed where they had no jurisdiction. Pulse v. Board of Com'rs of Decatur County, 146 N. E. 335.

IV. FISCAL MANAGEMENT, PUBLIC DEBT,
SECURITIES, AND TAXATION.

191 (111.) Levy of county tax void as not in conformance with statute.-People v. Cincinnati, I. & W. R. Co., 146 N. E. 440.

sion of municipal court in reversing, on facts judgment for plaintiff, and ordering judgment for defendant, unwarranted and on report judgment entered for plaintiff.-Newman v. Hill, 146 N. E. 46.

V. COURTS OF PROBATE JURISDICTION. ~202 (5) (Mass.) Appeal from probate on statement of counsel as to expected evidence reviewed as appeal from decree with full report.-Beale v. Davis, 146 N. E. 354.

VI. COURTS OF

APPELLATE
TION.

JURISDIC

V. CLAIMS AGAINST COUNTY. 207(1) (Ind.App.) Acceptance of pay(B) Courts of Particular States. ment, of part of claim allowed by commissioners, waiver of right to litigate in regard to 219(1) (Ill.) Jurisdiction of appeal from balance.-Pulse v. Board of Com'rs of Deca-order denying motion to dissolve temporary intur County, 146 N. E. 335.

Commissioners have no jurisdiction of balance of claim after acceptance of payment of part allowed.-Id.

COURTS.

junction is in Appellate Court, and not Supreme Court.-Murray v. Hagmann, 146 N. E. 472

219(3) (III.) Jurisdiction of appeals and writs of error in classes of cases which go direct to the Supreme Court cannot be exercised See Contempt; Criminal Law, 99-101; by Appellate Courts.-Murray v. Hagmann, 146 N. E. 472.

Judges; Prohibition.

I. NATURE, EXTENT, AND EXERCISE OF

JURISDICTION IN GENERAL.

219(8) (III.) Judgment dismissing action for conspiracy held not appealable to Supreme Court as involving constitutional question.12(2) (Mass.) Nonresident not appearing Cahill v. Plumbers', Gas and Steam Fitters' generally, and having no property in jurisdic- and Helpers' Local 93, 146 N. E. 130. tion, cannot be held to answer.-Pond v. Simp-219(8) (.) Failure to raise in trial court son, 146 N. E. 684. alleged invalidity of statute held to deprive Su36 (III.) County court adjudicating ques-preme Court of jurisdiction to review convictions of which it has general jurisdiction enti- tion of misdemeanor.-People v. Maffei, 146 N. tled to as favorable intendments as courts of E. 131. general jurisdiction.-Hoit v. Snodgrass, 146 N. E. 562.

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219(17) (III.) Supreme Court has no appellate jurisdiction in suit to set aside fraudulent conveyance and to subject land to judgment.-Coutre v. Ermel, 146 N. E. 501.

219(23) (III.) Appeal from partition suit directly taken to Supreme Court, only where freehold involved.-Hasterlik v. Hasterlik, 146 N. E. 498.

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57(2) (Ind.App.) Reporter's duties and compensation throughout service governed by Appeal from partition suit involving freehold statute under which appointed and amendments properly transferred to Supreme Court.-Id. thereof.-Etzold v. Board of Com'rs of Hunt-220 (7) (Ind.App.) Constitutionality ington County, 146 N. E. 842. Compensation Act will not be considered by Appellate Court.-Franklin Tp. v. Litch, 146 N. E. 845.

Statutory requirement that court reporter's compensation be "certified, audited, and paid," held to involve judicial discretion to allow or to reject.-Id.

240 (Ohio) Action to foreclose lien held appealable as chancery proceeding.-Hummer v. Parsons, 146 N. E. 62.

Court reporter, accepting judge's allowances, held not entitled to claim additional compensa-240 (Ohio) Settlement of executor's action.-Id.

(C) Rules of Court and Conduct of Business.

80(1) (Mass.) Court rule as to motion for directed verdict held proper, and within power of court to adopt.-Carp v. Kaplan, 146 N. E. 779.

82 (Mass.) Individual judges have no power to dispense with rules adopted for conduct

count is not chancery case.-In re Gurnea's Estate, 146 N. E. 308.

Appeal from order settling executor's aecount not chancery case; judgment of common pleas thereon not appealable to Court of Appeals.-Id.

240 (Ohio) Suit, under statute, to recover back taxes illegally collected, is "action at law" within Constitution, and is not appealable to Court of Appeals; "chancery case."-McBride

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