INDEX TO CASES REPORTED IN THIS VOLUME. ACCOUNTS CURRENT. As to Commissioners: See MORTGAGE, 3. ACTION. By carrier against intermediate consignee: See COMMON CARRIER, 2. Cause of action: See PLEADINGS, 6. When contract has been repudiated for fraud: See DAMAGES, 1. ADJOURNMENT. Effect of adjournment of Board : See BOARD OF SUPERVISORS, 4. Effect of, by consent of parties in Justice Court: See PLEADINGS, 8. ADVANCES. By Mortgagor: See MORTGAGE, 2. AFFIDAVIT. When the words "before me" necessary in jurat. Where an affida vit is used before the officer who administers it, the omission in the jurat of the words "before me" will not vitiate it. In re. Teachout, 346. AFFIDAVIT OF REGULARITY. Object of: See EQUITY PLEADINGS and PRACTICE, 8. AGENCY. When message carried over several lines: See TELEGRAPH COM PANIES. ALIAS EXECUTION. In trespass, against the body: See EXECUTION. Divorce a mensa et thoro. ALIMONY. The principles which should determine whether alimony should be allowed when a divorce a mensa et thoro is applied for and denied, discussed, but not decided ; the court being equally divided. - Chaffee v. Chaffee 184. : ALTERATION. In instrument: See EVIDENCE, 11. AMENDMENT. Of pleadings: See PRACTICE IN CIRCUIT Court, 1. Of statutes, when valid: See CONSTITUTIONAL LAW, 6. Of Pleadings as to party, when general demurrer is interposed: See EQUITY PLEADINGS and PRACTICE, 4. Of appeal bond: See EQUITY PLEADINGS and PRACTICE, 23. ANSWER. When responsive to bill in chancery: See EQUITY PLEADINGS and PRACTICE, 15. APPEAL. When decree is not drawn up: See EQUITY PLEADINGS and PRACTICE, 7. When Justice refuses to proceed: See PLEADINGS, 8. In Chancery from order appointing receiver: See EQUITY PLEADINGS and PRACTICE, 18. When will be dismissed: See EQUITY PLEADINGS and PRACTICE, 21. APPEAL BOND. When amendment allowed: See EQUITY PLEADINGS and PRACTICE, 23. APPEARANCE. As to waiver: See CIRCUIT COURT COMMISSIONER, 1. ASSESSMENT OF TAXES. Certain partnership property tenancy, was handed in for 1. Partnership property, assessment of. alleged to have been held in joint taxation, and taxed as partnership property. Held, that the assessment was properly made, as there could be no individual assessment in such a case.-Hubbard v. Winsor, 146. 2. Board of Supervisors, effect of adjournment of: Tax, mode of determining amount of. The law (1 C. L. § 807,) requires supervisors to act at "their session in October." They met in pursuance thereof, and at a subsequent adjourned meeting - November 12th-fixed the amount of taxes for the ensuing year. Instead of fixing a specific sum, to be raised by taxation, the Board directed a per centage on the assessed value. Held, that the session in October embraced all adjournments, although they might run into another month, and that the law merely refers to it by way of designation. Held further, that the designation of a per centage on a definite sum was just as certain as though it were calculated; nothing remaining to be done except simple computation. — Ibid. 3. Misdescription of lands for assessment by owner. Where a misdescription of lands in an assessment roll was caused by following a list furnished by the parties themselves, they were not allowed to claim it as a ground of equitable relief, and were remitted to their legal remedies. — Ibid. As to regularity of proceedings: See EQUITY JURISPRUDENCE, 2. ASSESSMENT ROLL. Delay in handing over: See EQUITY JURISPRUDENCE, 2. Also, as to effect of misdescription of Lands: PRUDENCE, 9. See EQUITY JURIS ASSIGNMENT. As to fraudulent intent: See FRAUD, 2. ASSUMPSIT. Evidence in: See EVIDENCE, 1. As to cause of action in Justice Court: See PLEADINGS, 6. ATTACHMENT. Estate of deceased persons: Commissioners. Where in the prosecu tion of a claim a lien has been acquired by attachment against a defendant in his life time, the plaintiff may, on obtaining judgment, have execution against the property so attached, whether commissioners have been appointed, or not, to hear claims against the estate of the deceased person.-2 Comp. L. § 2974. Smith v. Jones, 281. ATTORNEY GENERAL. Quo warranto: Practice in signing stipulations. The Attorney General having control of the proceedings in quo warranto, he alone is authorized to sign stipulations of fact on the part of the people. People v. Pratt, 184. Discretion as to entering rule to plead in quo warranto: See PRACTICE IN SUPREME COURT, 2. BIGAMY. As to a marriage with one who has separated from his wife before she reached the age of consent: See Marriage. BILL IN CHANCERY. When answer responsive: See EQUITY PLEADINGS and PRACTICE, 15. What allegations sufficient, when fraud is charged: See EQUITY PLEADINGS and PRACTICE, 1 to 3. What allegations necessary, when filed to remove cloud: See EQUITY PLEADINGS and PRACTICE, 14. BILLS OF EXCHANGE. 1. Drawee of bill of exchange: Time allowed to examine his accounts before accepting: Protest. Where a drawee of a bill of exchange does not refuse acceptance, but desires time to examine into the state of his accounts before deciding, he is entitled to twentyfour hours for that purpose.-Case v. Burt, 82. 2. Where the person presenting a bill agreed to present it again, no protest can be made without a new demand. - Ibid. BILL TO QUIET TITLE. When defendant in possession: See EQUITY JURISPRUDENCE, 5. BOARD OF REGISTRATION. 1. Their duty as to the mode of determining the qualifications of voters. Mandamus. When a person applies to the Board of Registration for the purpose of having his name registered as a voter, and offers to be sworn as to his qualifications, it is the duty of the board to examine such person upon his oath. They have no right to reject him on mere inspection.- People v. Nankin, 156. 2. Where the return made by respondents denies that the relator was entitled to be registered as a voter, an issue will be directed to determine the fact.-Ibid. BOARD OF SUPERVISORS. See SUPERVISORS. BOND. Effect of delay in filing Treasurer's bond: See EQUITY JURISPRUDENCE, 2. When appeal bond may be amended: See EQUITY PLEADINGS and PRACTICE, 23. CARRIERS OF PASSENGERS. See COMMON CARRIERS. |