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Adultery.

Advancement.

Particular actions, see "Action on the Case"; "As-
sault and Battery"; "Assumpsit"; "Attach- Proof of, see "Divorce."
ment": "Creditors' Bill"; "Death by Wrong-
ful Act": "Deceit"; "Divorce"; "Ejectment";
"Injunction": "Libel and Slander"; "Mali-
cious Prosecution"; "Mandamus"; "Mechanics' See "Descent and Distribution."
Liens"; "Partition"; "Prohibition, Writ of";
"Quo Warranto"; "Replevin"; "Specific Per-
formance"; "Trespass"; "Trover and Con-
version."

By and against executors and administrators,
see "Executors and Administrators."

v.30 A.-72

ADVERSE POSSESSION.

The deposit of materials and erection of a
shed on the land of another, followed by their
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of the right of appeal.-Elliott v. Montell (Del.
Err. & App.) 854.

An appeal will not lie from an order in a
habeas corpus proceeding.-City of Annapolis
v. Howard (Md.) 910.

There is no right of appeal from an order
removing a road supervisor or public officer
from his office.-Miles v. Stevenson (Md.) 646.

The jurisdiction of the circuit court, to de-
cide in regard to the validity of the location of
a natural bed of oysters, being special, no ap-
peal lies.-Jackson v. Bennett (Md.) 612.

An appeal lies from the first district court

Of claims against decedent's estate, see "Ex- of the city of Newark from a judgment in ex-
ecutors and Administrators."

insolvent estate, see "Insolvency."

To widow, see "Executors and Administrators."

ALTERATION OF INSTRU-
MENTS.

The erasure by the owner of a deed of the
initial letter from the name of the grantee ren-
ders it void.-Jones v. Crowley (N. J. Sup.) 871.
The legal effect of an alteration of a deed
is for the court.-Jones v. Crowley (N. J. Sup.)
871.

Question whether an alteration in a treas-
urer's deed of land sold for taxes was.such as
required explanation before admission of the
deed.-Lee v. Newland (Pa.) 258.

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See, also, "Certiorari"; "Error, Writ of"; "New
Trial."

From granting a liquor license, see "Intoxicat-
ing Liquors.

In criminal cases, see "Criminal Law."

Appellate jurisdiction.

An appeal from an original order erasing a
cause from the docket of the superior court is
not invalidated by a subsequent void attempt
to have such action reviewed. - Appeal of
Beard (Conn.) 775.

Jurisdiction of the supreme court of errors
to review the action of a superior court in an
appeal from a decision of the county commis-
sioners granting a liquor license.-Appeal of
Beard (Conn.) 775.

An order in a habeas corpus proceeding that
the writ stand over subject to further action is
not appealable.-Commonwealth v. Blatt (Pa.)
674.

An appeal does not lie to review a judgment
rendered on a case stated and referred to the
court, without a reservation in the case stated

cess of $200.-McGowan v. Metropolitan Life
Ins. Co. (N. J. Sup.) 433.

An order refusing to set aside a levari facias
is appealable.-Packer v. Owens (Pa.) 314.

An order setting aside a former order dis-
missing an appeal from an alderman is not ap-
pealable. Samuel Cupples Wooden-Ware Co. v.
Howe (Pa.) 238.

Requisites.

Validity of order extending time for filing no-
tice of an appeal, which was made after the
statutory period, but on the same day that a
motion for a rehearing was heard.-Appeal of
Beard (Conn.) 775.

An appeal bond on appeal from a district
court to the court of common pleas cannot be
filed at a term more than five days after judg
ment.-Delaney v. Burckle (N. J. Sup.) 809.
Practice.

Where a judgment has been rendered by an
inferior court of competent jurisdiction, noth-
ing will be presumed against the judgment that
is not part of the record.-Lloyd v. Richman (N.
J. Sup.) 432.

A return of a justice that a certain motion
was not made before him cannot be contradict-
ed by affidavits.-Meirs v. Bussom (N. J. Sup.)
433.

On appeal from the common pleas it is error
to give judgment "that the judgment of the
for the defendant.-Mulcahy v. New Jersey
court would be affirmed," instead of judgment
Traction Co. (N. J. Sup.) 472.

Neither the testimony, nor the opinion of the
court, are part of the record in proceedings for
a tavern license in the court of quarter ses-
sions. In re Branch (Pa.) 296; Appeal of Beck,
Id.

An executor who has appealed from an al-
lowance of a claim against the estate by a com-
missioner in insolvency may dismiss the appeal
before trial.-Simpson v. Gafney (N. H.) 1120.

The unexplained failure of the court to make
any note on plaintiff's request that the court
find certain facts, which the court in its opin-
ion states have been proven, is equivalent to a
formal note that such facts were proven.-
Styles v. Tyler (Conn.) 165.

Assignment of errors.

A specification which charges error in instruc-
tions, but does not quote either the points stat-
ed or the court's answer, will not be considered.
-Crawford v. McKinney (Pa.) 1045.

An assignment which charges error "in refus-
ing defendant's second and third points" is a
waiver of both errors.-Crawford v. McKinney
(Pa.) 1045.

Review.

An exception to instructions, not signed by
the trial judge, will not be considered.-Central
Ry. Co. of Baltimore v. Coleman (Md.) 918.

Where the court refuses to permit identifica-
tion of certain papers, and counsel, therefore,
makes no further effort to introduce them, the
fact that the papers were afterwards identified

does not render such refusal harmless.-Cale- | appeal prevail over the statements of counsel
donian Ins. Co. of Scotland v. Traub (Md.) 904. as to his admissions.-Maryland Ice Co. v. Arc-
Presumption in favor of the finding of the tic Ice-Machine Manuf'g Co. (Md.) 633.
trial court upon conflicting evidence.-Dubuque
v. Coman (Conn.) 777.

Acts 1893, p. 318, does not require the court
of errors to determine upon evidence spread on
the record questions of pure fact settled by the
trial court.-Styles v. Tyler (Conn.) 165.
The supreme court of errors has no jurisdic-
tion for the determination of pure questions of
fact.-Styles v. Tyler (Conn.) 165.

Where the trial court errs in treating as a
question of fact conclusions which should be
treated as a question of law, the court of errors
has jurisdiction to determine the true conclu-
sion of law.-Styles v. Tyler (Conn.) 165.

Where the distribution of a fund in an ex-
ecutor's hands is based on questions of fact,
the decree will not be disturbed.-In re Patter
son's Estate (Pa.) 1020; Appeal of Risher, Id.
Refusal to order a compulsory nonsuit is not
assignable as error.-Crawford v. McKinney
(Pa.) 1045.

Where the verdict is against the evidence, the
remedy is exclusively in the trial court.-Shon-
inger v. Latimer (Pa.) 985.

Under Pub. Acts 1893, p. 318, § 6, the court
of errors will not consider exceptions to the
findings of the court, or to its refusal to find
other than as to matters relating to the admis-
sibility of evidence. - Meriden Sav. Bank v.
Wellington (Conn.) 774

The admission of improper evidence is not
reversible error when appellant was not in-
jured.-McLaughlin v. Mencke (Md.) 603.

Error in refusing to hear oral testimony can-
not be considered where the record shows no
refusal.-Delaware County & P. Electric Ry.
Co. v. City of Philadelphia (Pa.) 396.

Refusal to set aside a verdict because against
the weight of evidence will not be reviewed.-
Gibson v. Western New York & P. R. Co. (Pa.)
308.

An order discharging a rule for judgment for
want of a sufficient affidavit of defense will not
be disturbed where the question is doubtful.-
Paine v. Kindred (Pa.) 273.

On appeal in proceedings to vacate a street,
the court cannot determine the qualifications of
petitioners in the absence of an exception in
Appeal of Morris, Id.
the trial court.-In re Swanson St. (Pa.) 207;

No exceptions lie to the findings of fact of a
presiding judge of the supreme judicial court.-
In re Mooers (Me.) 109.

A finding of a master on conflicting evidence,
be reversed on appeal.--Citizens' Pass. Ry. Co.
if amply supported by the testimony, will not
v. East Harrisburg Pass. Ry. Co. (Pa.) 159.
Decision.

Where a verdict is taken subject to legal
points reserved, and such points are not in the
record, the judgment will be reversed.-Moore

The refusal of the court to grant a nonsuit
when plaintiff has rested his case furnishes nov. Copeley (Pa.) 829.
ground for exceptions to defendant.-Dubuque
v. Coman (Conn.) 777.

The admission by the court, after defendant
has rested, of evidence in rebuttal and in chief,
affords him no ground of error.-Dubuque v.
Coman (Conn.) 777.

Presumption on appeal that an amendment of
the declaration allowed in the county court on
an appeal from the disallowance of a claim
against a decedent's estate, was allowed pur-
suant to R. L. § 2271, on account of fraud, ac-
cident, or mistake. Cutting v. Ellis' Estate
(Vt.) 688.

Harmless error in charging as to the meas.
ure of damages on defendant's counterclaim,
when there was not sufficient evidence to es-

tablish the allegations of such claim.-Gulliver
v. Fowler (Conn.) 852.

Where defendant failed to establish any of
the allegations of her counterclaim, error in re-
stricting her proof of damages was harmless.-
Gulliver v. Fowler (Conn.) 852.

The court will not review errors depending on
the evidence or the pleadings where neither the
testimony nor the pleadings are in the record.
Walter v. Sun Fire Office (Pa.) 945.

A ruling of the trial court on the sufficiency
and weight of evidence is not reviewable on a
bill of exceptions.-Crafts v. Sweeney (R. I.)
658.

The admission of the answer to a certain
question is not ground for review on appeal
unless the answer is set out in the record.-De-
voe v. Singleton (Md.) 614.

The admissibility of testimony of a witness on
cross-examination cannot be determined on ap-
peal, where the record does not set out the tes-
timony in chief.-Devoe v. Singleton (Md.) 614.
An instruction depriving plaintiff of the bene-
fits of certain evidence is no ground for reversal
where the record does not show any such evi-
dence.-Rose v. Busher (Md.) 637.

An official declaration by a trial judge as to
the admission of counsel on the trial must on

A case will not be reversed merely for an ob-
jection which might have been avoided by an
amendment of the pleadings.-Excelsior Electric
Co. v. Sweet (N. J. Sup.) 553.
Co. v. Sweet (N. J. Sup.) 553.

Reversal without new trial.-Tozer v. Jack-
son (Pa.) 400.

Appointment.

Of executors and administrators, see "Executors
and Administrators."

ARBITRATION AND AWARD.

An award is conclusive upon the parties, in
the absence of fraud, though, by mistake, evi-
dence of a payment to one of the parties was
omitted.-English v. School Dist. of Borough
of Wilmerding (Pa.) 506.

the books of a justice of the peace, will be treat-
A reference and award, though entered on
ed as a common-law submission and award
when the requisites of a statutory submission
are wanting.- Climenson v. Climenson (Pa.)
148.

By implication, Gen. St. § 1203, providing for
the return to and acceptance by the court of an.
award of arbitrators, confers upon it also the
power to refuse to accept it. In re Curtis
(Conn.) 769.

The impeachment of an award of arbitrators
for any cause should be made by remonstrance
to its acceptance by the court to which it is
returned. In re Curtis (Conn.) 769.

In the absence of such a requirement in the
articles of submission, under which an award of
arbitrators is made, there need be no finding by
them of the facts on which it is based.-In re
Curtis (Conn.) 769.

ASSAULT AND BATTERY.

In an action for assault and battery in eject-
ing plaintiff from leased premises, it is sufficient

for her to show that she was in charge of the
premises by the lessee's authority. Allen v.
Keilly (R. I.) 965.

Where defendant, in removing the division
fence which is in dispute, injures plaintiff, who
was leaning thereon to prevent its removal, is
liable for damage.-Kendall v. Drake (N. H.)
524.

Assessment.

For taxation, see "Taxation."

ASSIGNMENT.

See, also, "Assignment for Benefit of Credit-
ors.'

Of patent, see "Patents for Inventions."

The assignment of an expectant interest in
the estate of one not dead may be upheld in
equity. In re Kuhns' Estate (Pa.) 215.

An order given by creditors of defendant,
after they were paid out of certain collections,
to pay the balance of such collections to one
of plaintiffs, is not an equitable assignment of
such balance.-Crafts v. Sweeney (R. I.) 65S.
Where a lease of a mill containing a patent-
ed machine was made, an assignment of a right
to use a machine made at the time is supported
by the consideration paid for the lease.-Gould
v. Conant (Vt.) 39.

ASSIGNMENT FOR BENEFIT
OF CREDITORS.

See, also, "Attachment"; "Insolvency."
Enforcement of, see "Equity."

Constructive assignment.

An assignment by insolvents to one to whom
they were not indebted to prefer certain credit-
ors, in whose benefit they had a few hours be-
fore confessed judgment, and within one hour
before the execution of a general assignment,
constitutes a general assignment, within Act
April 17, 1843, and inures to the benefit of all
the creditors of the assignment.-In re Dickson
(Pa.) 1032; Appeal of Bell, Id.

Requisites and validity.

Effect of Act March 18, 1875, declaring cer-
tain requisites to a valid assignment for cred-
itors.-Elliott v. Montell (Del. Err. & App.) 854.
A voluntary assignment for the benefit of
creditors, to which none of the creditors have
assented, is invalid as against execution cred-
itors. Elliott v. Montell (Del. Err. & App.) 854.
The assignee.

Right of one assignee to correct an excessive
credit in his first account by charging himself
with the appraised value of the unconverted
assets, less the amount of such excessive credit.
In re Powel's Estate (Pa.) 373; Appeal of
Brisbin, Id.

Petitioners for the removal of an assignee for
mismanagement should not be charged with
costs. In re Powel's Estate (Pa.) 373; Appeal
of Brisbin, Id.

An auditor, to settle an account of an as-
signee, has only to pass on the issues raised by
the litigants, and need not suggest new subjects.
of contention.-In re Powel's Estate (Pa.) 373;
Appeal of Brisbin, Id.

An assignee's account should not enter on the
debit side as monthly receipts sums which are
the proceeds of sales of assets at prices below
the appraised value.-In re Powel's Estate (Pa.)
373; Appeal of Brisbin, Id.

An assignee is not guilty of mismanagement
in disposing of the assets at their real value,
though at less than the appraised value.-In re
Powel's Estate (Pa.) 373; Appeal of Brisbin,
Id.

signee should be suspended, pending hearing on
Action on petition for the removal of an as-
exceptions to a report on his account raising
the questions of his negligence, he not being
insolvent.-In re Powel's Estate (Pa.) 373;
Appeal of Brisbin, Id.

Mere possession of leased premises by an as-
signee for a short time is insufficient to show
the acceptance of the lease.-In re Weinmann's
Estate (Pa.) 389; Appeal of Lea, Id.

Rights of creditors.

Where the dividend paid in addition to the
amount recovered by a creditor from collaterals
is not sufficient to pay the claim in full, the
amount of the collaterals should not be deduct-

ed before proving the claim.-Greene v. Jack-
son Bank (R. I.) 963.

Where a creditor holds collateral, his claim
will be allowed for the difference between the
amount thereof and the value of the collateral.
National Union Bank v. National Mechanics'
Bank (Md.) 913.

A bill against an assignee for the benefit of
creditors, by a creditor of the assignor, to en-
force the trusts under the assignment, which
does not allege that complainant presented his
claim within the six months allowed, is defect-
ive.-Peabody v. Tenney (R. I.) 456.

A creditor who proves his claim cannot with-
draw it unless he can show that his conduct
was induced by the fraud of the debtor.-Me-
Cormick v. Willets (N. J. Sup.) 188.

Counsel fee for services in setting aside con-
Where a conveyance by the assignor to the veyances by a trustee of an insolvent estate are
assignee is alleged to be fraudulent by a ma-payable out of the common fund.—In re_Weed's
jority in interest of the creditors, the assignee Estate (Pa.) 272; Appeal of McGinnis, Id.
will be removed.-Brown v. Armstrong (R. I.)
461.

Where an assignee in his first account takes
credit for commission and counsel fees to an
amount in excess of cash on hand, he cannot
have credit for such excess on a second account.
-In re Powel's Estate (Pa.) 373; Appeal of
Brisbin, Id.

A trustee is entitled to credit for payments
made under order of court.-In re Weed's Es-
tate (Pa.) 272; Appeal of McGinnis, Id.

The court cannot appoint a master to pass on
the facts in regard to alleged mismanagement
of the assets by the assignee.-In re Powel's
Estate (Pa.) 373; Appeal of Brisbin, Id.

The assignee is not entitled to compensation
for services which are performed by lawyers
and agents who are allowed, compensation.-In

The authority of a trustee to join in an
agreement between creditors and an assignee
cannot be questioned by the other creditors, in
order to attack a transfer made in pursuance of
such agreement. In re Powel's Estate (Pa.)
373; Appeal of Brisbin, Id.

Right of a firm to question the validity of the
transfer of an assigned estate to a corporation
at a meeting of the creditors, it having made no
objection to the auditor's report before the con-
firmation thereof.-In re Powel's Estate (Pa.)
373; Appeal of Brisbin, Id.

Rent accruing after the assignment is not a
Weinmann's Estate (Pa.) 389; Appeal of Lea,
debt entitled to share in the assets. In re

Id.

ASSOCIATIONS.

re Powel's Estate (Pa.) 373; Appeal of Bris- See, also, "Corporations"; "Building and Loan
bin, Id.

Associations"; "Religious Societies."

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