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139 (Ind.) Person knowingly helping to transport intoxicating liquor in automobile is equally guilty with owner of liquor and of car. Simpson v. State, 146 N. E. 747.

VIII. CRIMINAL PROSECUTIONS.

202 (III.) Count charging possession for "purpose" of sale held to charge possession with "intent" to sell.-People v. Tate, 146 N. E. 487.

587 (Ind.App.) Insured may not revoke wife as beneficiary and name another in her stead, if policy does not create such right.210 (Ind.) Affidavit, charging transportaHenrich v. Prior, 146 N. E. 865. tion of intoxicating liquors, held to charge felony and not misdemeanor.-Simpson v. State, 146 N. E. 747.

Valid change of beneficiary, though without latter's consent, deprives former beneficiary of interest in policy permitting such change.-Id. Affidavit, alleging transportation of intoxicatChange in beneficiary and assignment of pol-ing liquor in automobile, held not to allege misicy held not invalidated by insured's assignment demeanor as distinguished from felony.-Id. of policy before changing beneficiary.-Id.

Change in beneficiary and assignment of policy held valid.-Id.

XVII. PAYMENT OR DISCHARGE, CONTRI-
BUTION, AND SUBROGATION.
606(1) (Ind.App.) Attorney in fact for
tomobile reciprocal insurers, held not entitled
to sue in own name.-Underwriters' Exch. v.
Indianapolis St. Ry. Co., 146 N. E. 860.

221 (III.) Count held sufficient to negative exceptions contained in Prohibition Act.-People v. Tate, 146 N. E. 487.

be considered for what it is worth.-People v. 233(1)(III.) Circumstantial evidence may Tate, 146 N. E. 487. au-236 (62) (Ind.) Evidence held insufficient to sustain conviction for receipt of liquor from common carrier, and for possession of liquor so received.-Duncan v. State, 146 N. E. 815. 236(7) (Ind.) Evidence held to warrant inference that defendant was in possession of 646(3) (Mass.) Burden of proof was on liquor, with intent to unlawfully dispose of it. beneficiary to establish that insured had no ill--Dudley v. State, 146 N. E. 398. ness since date of policy.-Clark v. Mutual Life 286(11) (Ind.) Evidence held to support Ins. Co. of New York, 146 N. E. 43. conviction of selling.-Parker v. State, 146 N. E. 327.

XVIII. ACTIONS ON POLICIES.

655 (2) (Mass.) By-laws held inadmissible to show insured's misrepresentation as to age 236(19) (Ind.) Conviction for possession in application.-Carpenter v. A. O. H. Widows' and use of steel for manufacture of intoxicating and Orphans' Fund. 146 N. E. 49. liquors, sustained.-Snedegar v. State, 146 N. E. 849.

665(8) (III.) Evidence held insufficient to prove waiver of prompt payment of premiums. Old Colony Life Ins. Co. v. Hickman, 146 N. E. 132.

668(11) (Mass.) Question whether there was "wrecking" of car within policy term held one for court.-Aurnhammer v. Brotherhood Acc. Co., 146 N. E. 47.

Question of rights under undisputed contract and facts raises no jury question.-Id.

236 (20) (Ind.) Conviction for transporting intoxicating liquor in an automobile sustained.Thomas v. State, 146 N. E. 850.

238(4) (III.) Whether defendant's possession of liquor was for purpose of sale held for jury.-People v. Tate, 146 N. E. 487.

IX. SEARCHES, SEIZURES, AND FOR-
FEITURES.

668(15) (Ill.) Facts constituting waiver is 249 (Ind.) Accused could not complain of matter of law, but existence thereof is ques- defects in warrant to search house of another. tion of fact.-Old Colony Life Ins. Co. v. Hick--Snedegar v. State, 146 N. E. 849. man, 146 N. E. 132.

XIX. REINSURANCE.

249 (Ind.) Peace officer entitled to search, without warrant, car in which liquor had been placed.-Thomas v. State, 146 N. E. 850.

able to chattel mortgagee as "owner" on execution of proper bond.-State v. Davis, 146 N. E. 82.

679 (N.Y.) Liability of Russian insurance255 (Ohio) Seized automobile not returncompany on reinsurance policy held not extinguished by Soviet decree canceling debts of nationalized companies.-Fred S. James & Co. v. Second Russian Ins. Co., 146 N. E. 369. XX. MUTUAL BENEFIT INSURANCE. (A) Corporations and Associations. 687 (Mass.) Certificate held to be one of assessment insurance.-Carpenter v. A. O. H.

X. ABATEMENT AND INJUNCTION. 258 (III.) Proceeding to restrain maintenance of liquor nuisance is civil and not criminal proceeding.-State v. Froelich, 146 N. E. 733.

274 (III.) Bill of complaint in suit to enjoin

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
state held sufficient.-State v. Froelich, 146 N.
E. 733.

279 (III.) Proceeding to punish for contempt for violation of injunction against maintenance of liquor nuisance is civil proceeding.State v. Froelich, 146 N. E. 733.

JUDGMENT.

See Equity, 427; Execution.

For judgments in particular actions or proceedings, see also the various specific topics. For review of judgments, see Appeal and Error. Constitutional provision as to name in which prosecution shall be conducted held inapplicable III. ON CONSENT, OFFER, OR ADMISSION. to proceedings to punish for contempt for vio- 91 (Ind.) Consent judgment need not be lation of injunction against maintenance of liq- confined to issues.-Burrell v. Jean, 146 N. E. uor nuisance.-Id. 754.

Petition in contempt proceedings based on violation of liquor injunction held sufficient.-Id. Defendant could be adjudged in contempt for violation of permanent injunction against maintenance of liquor nuisance, though given no notice of temporary injunction.-Id.

Defendant could not purge himself of contempt for violation against maintenance of liquor nuisance by sworn answer denying violation.-Id.

Order held valid as against contention that it failed to fix beginning and termination of period of imprisonment.-Id.

Violation of injunction against maintenance of liquor nuisance can be established by a preponderance of the evidence.-Id.

Evidence held to prove defendant guilty of violating injunction against maintenance of liquor

nuisance.-Id.

Evidence held to prove venue in contempt proceedings based on violation of injunction against maintenance of liquor nuisance.-Id.

XI. CIVIL DAMAGE LAWS.

320 (ill.) Wife and minor children having joint right of action against seller of liquor to husband and father, evidence supporting verdict of loss to one held proof of loss of support to all.-Cronk v. Gieseke, 146 N. E. 478.

321 (III.) Wife and minor children not guilty of laches in suit against property owner. -Cronk v. Gieseke, 146 N. E. 478.

Bill against property owner not bad because it failed to show that judgment was in full

force.-Id.

JEOPARDY.

See Criminal Law, 163-202.

JUDGES.

TENURE.

V. ON MOTION OR SUMMARY PRO-
CEEDING.

181 (N.Y.) Rule as to grounds for summary judgment stated.-Curry v. Mackenzie, 146 N. E. 375.

Answer shown imperfect on plaintiff's motion for summary judgment may be amended at trial or sooner.-Id.

Defects in answer not available to plaintiff. on motion for summary judgment.-Id.

Remedy by summary judgment is to be administered in furtherance of justice.-Id.

185 (N.Y.) Rule as to affidavits for summary judgment stated.-Curry v. Mackenzie, 146 N. E. 375.

material held unwarranted.-Id.
Summary judgment in action for labor and

view of denial that defendant received bill of
Summary judgment held not warranted, in
items.-Id.

185 (N.Y.) Defendant's affidavits, in objection to plaintiff's motion for summary judgment, merely repeating denials contained in answer, held insufficient for failure to state facts.-Maurice O'Meara Co. v. National Park Bank of New York, 146 N. E. 636.

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198 (Ohio) When rule that defendant is entitled to judgment in absence of finding of fact essential to plaintiff's recovery is inapplicable stated.-Pennsylvania R. Co. v. Vitti, 146 N. E. 94.

(C) Conformity to Process, Pleadings, Proofs, and Verdict or Findings. 256 (2) (Ohio) Court cannot look beyond vania R. Co. v. Vitti, 146 N. E. 94.

I. APPOINTMENT, QUALIFICATION, AND findings of fact in special verdict.-Pennsyl

8 (11.) Special election for election of judge of superior court to fill vacancy, not offi

VIII. AMENDMENT, CORRECTION, AND
REVIEW IN SAME COURT.

cially called by Governor, held void.-People v.335(1) (Ind.App.) Action to review judgErickson, 146 N. E. 443.

III. RIGHTS, POWERS, DUTIES, AND
LIABILITIES.

22(8) (Ind.) Statute establishing pay of special judges held applicable to special judges in city courts.-City of Columbus v. Rynerson, 146 N. E. 750.

Statute establishing pay of special judges held applicable to special judges in city courts when acting in criminal cases where change of venue has been taken.-Id.

Special judge of city court held entitled to pay only for time actually served.-Id.

25(1) (Ind.) Second special judge held thorized to sign record of action taken by predecessor.-Meland v. State, 146 N. E. 746.

IV. DISQUALIFICATION TO ACT.

ment not maintainable where appeal cannot be taken.-American Creosoting Co. v. Reddington, 146 N. E. 761.

X. EQUITABLE RELIEF. (B) Jurisdiction and Proceedings. 460 (3) (Ind.App.) Complaint in statutory action to set aside default judgment held demurrable.-Cooper v. Farmers' Trust Co., 146 N. E. 336.

of

XI. COLLATERAL ATTACK. (A) Judgments Impeachable Collaterally. au-474 (III.) Errors and irregularities county court corrected therein or by appellate court.-Hoit v. Snodgrass, 146 N. E. 562. Stranger to county court's unimpeached judgment in conservatorship proceedings cannot challenge its validity collaterally.-Id.

51 (2) (Ind.App.) Overruling verified motion for change of special judge held proper.-479 (III.) Judgment, quashing record of Morgan v. State, 146 N. E. 761. civil service commission discharging relator, cannot be collaterally attacked until set aside or reversed.-People v. Thompson, 146 N. E. 473. (B) Grounds.

51 (3) (Ind.) Words "and is informed," in affidavit for change of venue from judge, otherwise complete, held not to render affidavit incomplete.-Shaw v. State, 146 N. E. 855. 51(4) (Ind.) Imperative duty of judge to 503 (III.) No collateral attack on judgment grant change of venue from judge, where af- within court's general jurisdiction, though fidavit complies with statute and is timely.- pleadings are defective.-Hoit v. Snodgrass, 146 Shaw v. State, 146 N. E. 855. N. E. 562.

XII. CONSTRUCTION AND OPERATION IN GENERAL.

524 (Ind.App.) Judgment is purely statutory.-Sullivan State Bank v. First Nat. Bank, 146 N. E. 403.

II. RIGHT TO TRIAL BY JURY. 13(18) (N.Y.) Equitable defenses triable by jury same as legal defenses.-Susquehanna S. S. Co. v. A. O. Andersen & Co., 146 N. E. 381. 13(21) (III.) Punishment for contempt without jury trial held not violative of Constitution.-State v. Froelich, 146 N. E. 733. Merg-14(4) (Ohio) Foreclosure of chattel mortgage is equitable proceeding in which parties not entitled to jury trial.—Katz v. American Finance Co., 146 N. E. 811.

XIII. MERGER AND BAR OF CAUSES OF ACTION AND DEFENSES.

(B) Causes of Action and Defenses ed, Barred, or Concluded. 584 (Ind.) Essentials of "res judicata" named.-Burrell v. Jean, 146 N. E. 754.

585(2)(Ind.) Test of res judicata stated.Burrell v. Jean, 146 N. E. 754.

XIV. CONCLUSIVENESS OF ADJUDI

CATION.

(A) Judgments Conclusive in General. 660 (Mass.) Order, though erroneous, "law of the case, until reversed.-McCracken's Case, 146 N. E. 904.

(B) Persons Concluded. 668 (1) (Ind.) Judgment conclusive only against parties in character involved.-Burrell v. Jean, 146 N. E. 754.

(C) Matters Concluded.

713(2) (Ind.) Judgment bar on issues adjudicated.-Burrell v. Jean, 146 N. E. 754.

714(1) (Ind.) Consent judgment held not to fix future responsibility.-Burrell v. Jean, 146 N. E. 754.

Consent judgment affects only existing titles. -Id.

725(1)(III.) Judgment not conclusive as to immaterial fact found.-Hunter v. Troup, 146 N. E. 321.

Finding of facts not necessary to uphold judgment does not conclude parties.-Id.

736 (Ind.) Former judgment, to construe will as to personalty, not adjudication of claim to realty by descent.-Burrell v. Jean,, 146 N.

E. 754.

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752 (Ind.App.) Court cannot create judgment lien.-Sullivan State Bank v. First Nat. Bank, 146 N. E. 403.

768(1) (Ind.App.) Judgment lienor's priority dependent on statute providing for recording in county other than one where rendered.-Sullivan State Bank v. First Nat. Bank, 146 N. E. 403.

769 (Ind.App.) Judgment does not become lien where not repeated in judgment docket under name of each defendant.-Sullivan State Bank v. First Nat. Bank, 146 N. E. 403. XX. PAYMENT, SATISFACTION, MERGER, AND DISCHARGE.

876(1) (N.Y.) Statute making presumption of payment arising from lapse of time conclusive, construed.-In re Elm St. in City of New York, 146 N. E. 342.

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25 (6) (Mass.) Disposition of motion to be allowed to file late claim for jury trial rests in discretion.-Norcross v. Haskell, 146 N. E. 239.

37 (III.) Parties entitled to jury trial entitled to trial de novo on reversal and general remand for errors occurring before entry of judgment.-People v. Lord, 146 N. E. 506.

Supreme Court not authorized to reverse judgment without remand in law action tried by_jury.-Id.

Defendants entitled to trial of fact issues by jury on remand after reversal of judgment quashing quo warranto.-Id.

LABOR UNIONS.

See Trade Unions.

LANDLORD AND TENANT.

II. LEASES AND AGREEMENTS IN
GENERAL.

(B) Construction and Operation. establish implied covenant in written lease to C48(1) (Mass.) Evidence held insufficient to heat demised premises.-I. Wit Realty Co. v. G. F. Redmond & Co., 146 N. E. 903.

IV. TERMS FOR YEARS. (C) Extensions, Renewals, and Options to Purchase or Sell.

86(1) (III.) "Option to renew" lease held covenant to grant additional term.-Fuchs v. Peterson, 146 N. E. 556.

86 (2) (1.) Lessee's right to demand retice by registered letter, was waived by lesnewal of lease, lost, unless prerequisite of nosor. Fuchs v. Peterson, 146 N. E. 556.

92 (1) (III.) Condition giving lessee right to purchase demised property dependent on actual sale.-Sander v. Schwab, 146 N. E. 509. VII. PREMISES AND ENJOYMENT AND

USE THEREOF.

(A) Description, Extent, and Condition. 124(1) (Mass.) Grant of premises held not to carry right to enjoy conveniences in lessor's land which were not of strict necessity.— Hampe v. Elia, 146 N. E. 730.

(C) Incumbrances, Taxes, and Assess

ments.

148(1) (Mass.) Assignment of lease held not to assign subsequent contract for payment of named sum in lieu of income taxes.-Greenburg v. Bopp, 146 N. E. 687.

149 (III.) Drainage assessments held not "taxes" within provision providing for payment thereof by lessee.-Carlyle v. Bartels, 146 N. E. 192.

(E) Injuries from Dangerous or Defective Condition.

162 (Mass.) Landlord has only duty to use in which they were let and not to remove obreasonable care to keep premises in condition structions arising from acts of others.--Caruso v. Lebowich, 146 N. E. 699.

162 (Ohio) Landlord retaining possession of halls and approaches must exercise ordinary care to keep them in reasonably safe condition. -Davies v. Kelley, 146 N. E. 888.

943

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

164 (2) (Ohio) Landlord liable for neglect to maintain porch and stairway in proper repair.-Davies v. Kelley, 146 N. E. 888.

164(6) (Mass.) In absence of knowledge that fixture was defective and needed repairs, defendant not liable.-Morrow v. Otis, 146 N. E. 363. 167(1) (Mass.) Tenant did not landlord's agent to light hallway.-Blaufarb v. Drooker, 146 N. E. 242.

become

| 3(4) (N.Y.) Misuse of automobile by ga-
rage proprietor not larceny, in absence of stat-
ute.-Van Vechten v. American Eagle Fire Ins.
Co., 146 N. E. 432.

II. PROSECUTION AND PUNISHMENT.
(B) Evidence.

65 (Ind.) Evidence held insufficient to sustain conviction of petit larceny based on stealing chickens.-Henry v. State, 146 N. E. 822.

LEASE.

167(2) (Ohio) Lessor out of possession and control is not responsible for injuries from defective condition during lease where no claim is made of constructional defects.-Hess v. De- See Landlord and Tenant. vou, 146 N. E. 311.

167(8) (Mass.) Tenant's visitor had no greater rights in use of premises than had tenant.-Blaufarb v. Drooker, 146 N. E. 242.

In absence of evidence that passageway was lighted when tenancy began, failure thereafter of landlord to light it or reconstruct stairs was not negligence.-Id.

167(8) (Mass.) Guests and relatives of lessee have no greater rights in tort against landlord than lessee has.-Caruso v. Lebowich, 146 N. E. 699.

Landlord not liable for personal injuries to guest of tenant slipping on banana peel.-Id. evidence that 169(3) (Mass.) Excluding

See

LEGISLATIVE POWER.
Constitutional Law, 62, 63.

LIBEL AND SLANDER.

IV. ACTIONS.

(B) Parties, Preliminary Proceedings, and
Pleading.
that words
spoken substantially as alleged is sufficient.-
Rich v. Rogers, 146 N. E. 246.

100(8) (Mass.) Proof

(E) Trial, Judgment, and Review.

were

stairs had become worn held proper.-Blaufarb| ←123(1) (Mass.) Directed verdict for defendant rightly denied.-Rich v. Rogers, 146 N. v. Drooker, 146 N. E. 242. E. 246.

169(5) (Mass.) Evidence of prior leaks in pipes held inadmissible.-Hart Packing Co. v. Guild, 146 N. E. 238.

Evidence as to effect of turning on or off self-closing faucet and increase of pressure held inadmissible, in absence of evidence that leak was attributable thereto.-Id.

169(5) (Mass.) Installation of new gas jet after illness from escaping gas held not admission of negligence.-Morrow v. Otis, 146 N. E. 363.

LICENSES.

I. FOR OCCUPATIONS AND PRIVILEGES. (Mass.) Power to take instrumentalities for public travel and charge toll does not involve power of taxation.-Opinion of the Justices, 146 N. E. 651.

Fee required in exercise of police power is distinct from tax depending on constitutional limitations governing taxation.-Id.

169(6) (Mass.) Evidence held insufficient 3 (Mass.) License fee may be exacted as to justify finding of landlord's negligence.Morrow v. Otis, 146 N. E. 363.

VIII. RENT AND ADVANCES.

(A) Rights and Liabilities.

part of or incidental to exercise of police power.-Opinion of the Justices, 146 N. E. 651.

5 (Mass.) General court may levy excise as toll for use of public ways by motor vehicles. Opinion of the Justices, 146 N. E. 651. to icense occupation must be expressly granted or necessarily incident to power expressly delegated.-City of Rockford v. Nolan, 146 N. E. 564.

182 (Mass.) After lessees' breach. land-6(2) (III.) Power lord could permit occupation of premises by others without prejudice to right to recover on covenant.-Merchants' Nat. Bank v. Ryerson, 146 N. E. 659.

Action on covenant brought only after expiration of full term of lease.-Id.

No power to legislate concerning occupations not enumerated in statute, but power may be derived from several items of enumeration.

-Id.

183 (Mass.) Express agreement for hire of passageway held not essential to recovery of 6(12) (III.) Act authorizing city to open, rent therefor.-Lufkin v. Spiller, 146 N. E. 36. IX. RE-ENTRY AND RECOVERY OF POSSESSION BY LANDLORD.

275 (Ind.App.) Lessor held entitled to dispossess sublessee refusing to surrender possession at expiration of lessee's lease.-Torphy v. Ketcham, 146 N. E. 583.

290(1) (II.) Lessor cannot institute forcible entry and detainer against lessee rightfully in possession, at expiration of term under lease containing option for renewal.-Fuchs v. Peterson, 146 N. E. 556.

296 (2) (Mass.) To recover possession under statute, proof of relation between parties and termination of tenancy is essential.-Ratner v. Hogan, 146 N. E. 249.

309 (Mass.) Whether tenancy existed between parties held, under evidence, for jury.Ratner v. Hogan, 146 N. E. 249.

LARCENY.

See Receiving Stolen Goods.

1. OFFENSES AND RESPONSIBILITY
THEREFOR.

> (N.Y.) "Theft" and "larceny" not always of same meaning nor equivalent of each other.-Van Vechten v. American Eagle Fire Ins. Co., 146 N. E. 432.

improve, and regulate use of streets does not authorize licensing of occupation or business such as renting vehicles without drivers.-City of Rockford v. Nolan, 146 N. E. 564.

Licensing business of renting motor vehicles without drivers not authorized by act permitting licensing of hackmen, etc.; "all others pursuing like occupations."-Id.

Licensing of business of renting motor vehicles without drivers not authorized by statute delegating police powers.-Id. 7(1) (Mass.) Excise motor vehicles, based on maker's price list, held not invalid.Opinion of the Justices, 146 N. E. 651.

on

Excise on use of automobile on highway held not invalid within federal Constitution.-Id.

7(1) (Ohio) Acts providing disposition of motor vehicle license taxes held not invalid.Fisher Bros. Co. v. Brown, 146 N. E. 100. 7(2) (Mass.) Apparent inequalities of excise tax held not so great as to invalidate act licensing use of automobiles on highways.— Opinion of the Justices, 146 N. E. 651.

7(2) (Ohio) Acts providing disposition of motor vehicle license taxes held not violative of constitutional provision requiring uniformity of tax laws.-Fisher Bros. Co. v. Brown, 146 N. E. 100.

~7(3) (Ohio) Valid statutes providing for tax on motor vehicles not rendered invalid by amendment increasing tax as to certain vehi

cles.-Foltz Grocery & Baking Co. v. Brown, 146 N. E. 97.

7(3) (Ohio) Legislature may select standard on which to base classification; it may classify motor vehicles into pleasure cars and commercial vehicles.-Fisher Bros. Co. Brown, 146 N. E. 100.

V.

Legislature may classify commercial motor vehicles according to horse power.-Id.

Use of formula adopted by Legislature to compute horse power does not result in discrimination, and is therefore valid.-Id. Act taxing motor vehicles according to horse power held not unconstitutional.-Id.

7(8) (Ind.) Act imposing tax upon sales of gasoline not invalid because tax also paid on gasoline as property.-Gafill v. Bracken, 146 N. E. 109.

7(8) (Mass.) Levying of tax for ownership of motor vehicles held not to invalidate excise for use thereof.-Opinion of the Justices, 146 N. E. 651.

LIVERY STABLE AND GARAGE KEEPERS.

4/2 (Ind.App.) Evidence held to warrant enjoining operation of garage near church.Balch v. Perry, 146 N. E. 334.

42 (Mass.) Compliance with notice held not condition precedent to validity of building permit.-McPherson v. Board of Street Com'rs of City of Boston, 146 N. E. 244.

Duty of street commissioners to grant building permit cannot be delegated.-Id.

8(1) (Mass.) Conditional vendor of automobile held entitled thereto as against lien for repairs made after default.-Cuneo v. Smith. 147 N. E. 674.

LUNATICS

See Insane Persons.

MALICIOUS PROSECUTION.

V. ACTIONS.

Excise on use of automobile on highway held 56 (Mass.) Plaintiff must prove malice and sufficiently different as to commodity from ex- absence of probable cause.-Rich v. Rogers, 146 cise on registration as not to be invalid.-Id. N. E. 246. When assessment of two excise taxes same commodity would be unreasonable stated. -Id.

II. IN RESPECT OF REAL PROPERTY.

on

58 (1) (Mass.) Evidence of conversations between plaintiff and defendant competent.Rich v. Rogers, 146 N. E. 246.

Plaintiff's statement explaining possession of tickets alleged stolen held admissible.-Id.

51 (Mass.) License to maintain drain ap-lications held admissible to show malice.-Rich 60(1) (Mass.) Testimony concerning pubpurtenant to lands conveyed, and not to be enlarged to include other lands.-A. W. Dodd & 67 (Mass.) Defendant liable for injuries Co. v. Tarr, 146 N. E. 256.

LIENS.

See Mechanics' Liens.

v. Rogers, 146 N. E. 246.

naturally arising from service of process.-Rich v. Rogers, 146 N. E. 246.

71(1) (Mass.) Directed verdict for defendant rightly denied.-Rich v. Rogers, 146 N. E. 246.

7 (Ind.App.) One may create lien on prop-72(1) (Mass.) Instruction on right of deerty of which he is owner or in possession, which equity will enforce against him.-Sawers Grain Co. v. Goodwin, 146 N. E. 837.

LIMITATION OF ACTIONS.

II. COMPUTATION OF PERIOD OF LIMITATION.

fendant to state facts to police and leave matter to their judgment held properly refused, under evidence.-Rich v. Rogers, 146 N. E. 246.

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3(1) (Mass.) Performance of ministerial (B) Performance of Condition, Demand, duty compelled by mandamus.-Madden v. Board of Election Com'rs of City of Boston, 146 N. E. 280.

and Notice.

66(3) (N.Y.) That landowner receiving award of damages in street opening proceed-14(3) (Ohio) Not granted to compel officer to do that which he is willing to do.-State v. ings made no demand for amount thereof, held not to prevent running of statute of limitations. Bistline, 146 N. E. 288. -In re Elm St. in City of New York, 146 N. E. 342.

Statute held to bar recovery on warrant for award of damages in street opening proceedings. -Id.

(F) Ignorance, Mistake, Trust, Fraud, and Concealment of Cause of Action. 100(10) (Mass.) Limitations held no bar to maintenance of bill by heirs to cancel releases to executor.-Flynn v. Colbert, 146 N. E. 784.

IV. OPERATION AND EFFECT OF BAR BY LIMITATION.

165 (Mass.) Where time of enforcement is essence of right, it is lost if time is disregarded.-Hester v. City of Brockton, 146 N. E. 224.

165 (N.Y.) Remedial right arising from nonperformance of a duty extinguished when statute of limitations deprives right of its judicial remedy. In re Elm St. in City of New York, 146 N. E. 342.

Court may not pervert purpose of statute to avert an unjust result.-Id.

175 (Mass.) Executor cannot waive defenses of limitation.-Finance Corporation of New England v. Parker, 146 N. E. 696.

LIQUOR SELLING.

II. SUBJECTS AND PURPOSES OF RELIEF. (A) Acts and Proceedings of Courts, Judges, and Judicial Officers. 57(1) (Ohio) Writ to compel probate judge to make alteration in bill of exceptions signed by him not granted.-State v. Bistline, 146 N. E. 288.

(B) Acts and Proceedings of Public OMcers and Boards and Municipalities.

74(5) (Mass.) Duty of election commissioners to issue certificate of election held ministerial, as distinguished from political.-Madden v. Board of Election Com'rs of City of Boston, 146 N. E. 280.

Issuance of certificate of election compelled through mandamus.-Id.

77(4) (III.) Proper remedy to restore one illegally removed to possession of office.-People v. Thompson, 146 N. E. 473.

82 (II.) Lies to compel public officer to correct mistake in, or supply omission from, record.-People v. Hartquist, 146 N. E. 140.

100 (Ohio) Proper to determine controversy between mayor and municipality as to right to certain fees collected; only construction of statute being involved.-State v. Nolte, 146 N. E. 51.

106 (Ohio) Proper remedy to compel payment of fund to policeman's widow.-State v. Carter, 146 N. E. 56.

107 (III.) Will issue to compel payment of

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