Notes.

See "Negotiable Instruments."

NUISANCE.

Indictment of borough, see "Municipal Cor-
porations."

Where a saloon keeper causes a piano to be
played at night until 11 o'clock, he will be en-
joined, at the suit of an adjoining resident,
from using the piano after 9 in the evening.-
Feeney v. Bartoldo (N. J. Ch.) 1101.

Obstructions.

Of highway, see "Highways."

OFFICE AND OFFICER.

See, also, "Judge"; "Justices of the Peace";
"Municipal Corporations"; "Receivers"; "Sher-
iffs and Constables."

Of corporations, see "Corporations."

Of municipal corporations, see "Municipal Cor
porations.'

A de facto board of education, actually elect-
ed, is not affected by the appointment of other
trustees on the supposition that the election was
illegally conducted.-Kimball v. Hendee (N. J.
Sup.) 894.

Where there is an office, but no legally quali-
fied incumbent, there is a vacancy.-Davis v.
Davis (N. J. Sup.) 184.

Opinion Evidence.

See "Evidence."

ORDERS.

Where an order is to be paid on the happen-
ing of a condition, and is accepted, the acceptor
cannot, by collusion with the drawee, defeat the
consideration.-Herter v. Goss & Edsall Co. (N.
J. Sup.) 252.

An order given on the owner of a building in
process of erection in order to get credit for
materials is for a good consideration, and, where
it is payable out of the next payment, it is en-
forceable out of it, though the contract was nev-
er completed.-Herter v. Goss & Edsall Co. (N.
J. Sup.) 252.

Ordinances.

See "Municipal Corporations."

Ouster.

By cotenant, see "Tenancy in Common."

PARENT AND CHILD.

See, also, "Guardian and Ward"; "Infancy."
Sufficiency of evidence to support an action
by a father for his deprivation by defendant
of the control and services of his son, who had
been hired to defendant by the father, but who
had left his service.-Loomis v. Deets (Md.)
612.

On the death of a widow, her minor children
will not be taken from the custody of their
great aunt, with whom they are happy, though
the father designated two of his friends to suc-
ceed the widow as guardian on her death.-In
re Brown's Estate (Pa.) 1122; Appeal of Park,

id.

Parol Evidence.

See "Evidence."

To avoid compromise, see "Compromise."

PARTIES.

Scire facias against an administrator to en-
force a mechanic's lien against decedent's es-
tate is not an action to charge the estate with
a debt, so as to require the heirs to be made
parties thereto.-Reece v. Haymaker (Pa.) 404.

One who buys and pays for land, but has it
conveyed as a gift to another person, is a nec-
essary party to a suit to have such contract of
purchase held void.-Maguire v. Heraty (Pa.)
151.

PARTITION.

The ancient jurisdiction of the court of chan-
cery to order partition is not affected by Rev.
Code, c. 86, § S, authorizing a petition by joint
tenants for partition. Bradford v. Robinson
(Del. Err. & App.) 670.

Case in which court of chancery refused to
decree a partition on a bill filed for that pur-
pose, where no reason was shown why the
proceeding was not brought by petition under
the statute.-Bradford v. Robinson (Del. Err.
& App.) 670.

PARTNERSHIP.

A suit for dissolution and for accounting will
be dismissed, when the person bringing it has
received from his partners the consideration
agreed for on sale of his interest. - Lyle v.
Shay (Pa.) 940.

Where one who is a creditor of both the firm
and individual members assents to a sale of
land, with the understanding that it should not
affect his claims, he is not estopped to claim
that the land was the property of an individual
member of the firm.-National Union Bank v.
National Mechanics' Bank (Md.) 913.

Land bought by a partner, and shown on the
records to be his separate property, and not
necessary to the firm's business, will be treated
as such, as between the individual and firm
creditors. National Union Bank v. National
Mechanics' Bank (Md.) 913.

Land bought and recorded as individual prop-
erty, but necessary for the firm business, and
so used and entered on the books, will be treat-
ed, between creditors, as firm property.-Na-
tional Union Bank v. National Mechanics' Bank
(Md.) 913.

An agreement to farm on shares does not con-
stitute a partnership.-Rose v. Busher (Md.)
637.

On an accounting as to a partnership conduct-
ed for the purchase and sale of horses, the value
of horses that died during the continuance of
the business should be deducted from the price.
-Smith v. Smith (R. I.) 602.

A partner who fails for 15 years to seek an
accounting is not entitled to interest on the
balance found due him.-Smith v. Smith (R. I.)

602.

Partnership agreement construed, and held that
the fact that a sale of one department rendered
the provision as to an accounting on dissolution
inoperative did not annul the other provisions in
the contract.-Wilson v. Black (Pa.) 488.

One associated with a contractor in the per-
formance of the work, after execution of the
contract, is not estopped to deny that he is a
partner with the contractor.-Howes v. Fiske
(N. H.) 351.

by title paramount is not bad as a mere con-
clusion of law.-Friend v. Oil-Well Supply Co.
(Pa.) 1134.

In an action for price of goods sold, in the
absence of notice, evidence that through delay
in delivery defendant lost rent of certain build-
ings is inadmissible under a plea of nonassump-
sit and payment.-Lovegrove v. Christman (Pa.)
385.

Propriety of striking out as frivolous a plea
setting out that, by giving defendant a power
of attorney to collect rents and retain compen-
sation there from, plaintiffs were estopped to
question the amount of such compensation.-
Crafts v. Sweeney (R. I.) 658.

A defense that the guaranty sued on was
without consideration, held void for repugnance
to admissions that it was given for value re-
ceived.-Gulliver v. Fowler (Conn.) 852.

Necessity of specially pleading the obstruction
of drains or destruction of a fence as the result
of the withdrawal of lateral support by an ad-
joining owner.-Stimmel v. Brown (Del. Super.)
996.

Amendment.

The right to amend a pleading is a matter of
fact to be determined by the trial court.-Mor-
gan v. Joyce (N. H.) 1119.

An amendment of a complaint for improper
joinder of counts will be allowed. Jackson
Bank v. Irons (R. I.) 420.

The allowance, before the opening of a case,
of an amendment increasing the ad damnum,
will not ordinarily be refused.-Noble v. City
of Portsmouth (N. H.) 419.

Where, by stipulation, the scire facias is
amended as to the name of a party, the amend-
ment changes the name wherever it appears in
the proceedings.-Jobe v. Hunter (Pa.) 452.

The statement, in a declaration, of the sum
claimed as damages, is a matter of form, and
an amendment in that respect will be allowed
at the trial.-Excelsior Electric Co. v. Sweet (N.
J. Sup.) 553.

It is within the discretion of the court to re-
fuse to allow an amendment of the answer on
the trial.-Gulliver v. Fowler (Conn.) 852.

Improper allowance by court of an amend-
ment to the complaint after judgment, so as
to alter the basis of recovery.-Pitkin v. New
York & N. E. R. Co. (Conn.) 772.

Where a new trial is not justified, an appli-
cation to amend by changing the form of action
made after verdict for defendant is properly re-
fused. Meredith Mechanic Ass'n v. American
Twist-Drill Co. (N. H.) 1119.

Possession.

See "Adverse Possession."
Recovery of, see "Landlord and Tenant."

POWERS.

Question whether a certain tract was covered
by a power of sale in a will, one adjoining
tract being included under the power, and an-
other adjoining tract being disposed of by de-
vise.-Kilburn v. Dodd (N. J. Ch.) 868.

A power, in a warrant of attorney contained
in a note, to confess judgment in favor of the
holder of the note, authorizes the attorney to
confess judgment in favor of a holder who is
not a payee.-Champlin v. Smith (Pa.) 447.

One claiming under a deed from one author-
ized by will to sell the land when necessary to
pay debts is not bound to show that such debts
had accrued before the sale, in the absence of
any allegation of fraud or bad faith.-Doran v.
Piper (Pa.) 306.

A power of attorney to sell land confers no
authority to mortgage. Campbell v. Foster
Home Ass'n (Pa.) 222.

Where a person having the power of disposi-
tion of a fund declared by a written instrument
his wish that his wife should have the income of
one-third thereof, and the remaining two-thirds
grandchildren, there was a full disposition of
of the income should be divided between his
the fund.-Paine v. Forsaith (Me.) 11.

PRACTICE IN CIVIL CASES.

See, also, "Abatement and Revival"; "Ap-
peal"; "Attachment"; "Certiorari"; "Costs";
"Courts"; "Damages"; "Equity"; "Evi-
dence"; "Injunction"; "Judgment"; "Jury";
"Mandamus" "New Trial": "Parties";
"Pleading"; "Trial"; "Witness"; "Writs."
On appeal, see "Appeal."

Under rule 8, § 3, of the court of common
pleas, where defendant files an answer denying
any liability, and alleging an indebtedness by
plaintiff to him, it is a set-off requiring notice
to be served on plaintiff.-E. S. Higgins Carpet
Co. v. Latimer (Pa.) 1050.

Construction of stipulation between counsel
for a continuance in case of the absence of one
party on the day of trial.-Standard Granite
Co. Quarries v. Aikey (Vt.) 806.

Right to motion to strike out paragraphs in
the pleadings, and to file a demurrer, after hav-
ing served notice of intention to suffer a de-
fault.-Pitkin v. New York & N. E. R. Co.
(Conn.) 772.

Construction of stipulation in an action on a
policy of fire insurance, by which it is agreed
that the facts and questions of law raised by
defendant in its affidavit of defense are to be
taken as admitted.-Collins v. London Assur.
Corp. (Pa.) 924.

Where a verdict for plaintiff could not stand,
a nonsuit is properly ordered. Wheatley v.

Philadelphia, W. & B. R. Co. (Del. Super.)
660.

An agreement between attorneys is binding on
the parties, though one afterwards withdraws
from the suit.-Wilbur v. Wilbur (R. I.) 455.

A written admission by an attorney of a fact
at issue may be set aside on motion.-Wilbur v.
Wilbur (R. I.) 455.

Where plaintiff's evidence shows that his ac-
tion is barred by limitations, which is pleaded,
a nonsuit on motion of defendant is proper.-
Borough of Wallingford v. Hall (Conn.) 47.

Wife."

Proximate Cause.

Powers of agent.

Public Improvements.

Public Roads.

See "Highways."

Public Schools.

Punitive Damages.

Ratification.

A contract made by an agent in the name of
his principal without previous authority may be
adopted by the principal.—Keim v. Lindley (N.
J. Ch.) 1063; Same v. Griffith, Id.

Where the owner of a life estate conveyed the
fee, and, with their knowledge, gives a part of
the proceeds to the remainder-men for their in-
terest, one accepting his share ratifies the sale.
-Town of Ansonia v. Cooper (Conn.) 760.

Question whether a bank, to whom a mort-
gage was made under false representations by a
third person, adopted the acts of such third per-
son, so as to invalidate the mortgage in its
hands.-First Nat. Bank v. Fitts (Vt.) 697.

Presumption as to ratification by principal of
an act of his attorney, done without authority,
but which the principal failed to object to for
10 years. Baldwin v. Howell (N. J. Ch.) 423.

Where an agent exchanges securities for oth-
ers without authority, and his principal does
not, on full information, repudiate the transac-
tion, the latter will be presumed to have rati-
fied it. Baldwin v. Howell (N. J. Ch.) 423.

Laches of principal in failing for 13 years to
repudiate an alleged wrongful act on the part
of his agent.-Baldwin v. Howell (N. J. Ch.)
423.

Privileged Communications.

QUO WARRANTO.

Dissolving benefit association, see "Associa-
tions."

Where the informations show a valid title in
relators, and the plea merely denied that they
were entitled to office, it was bad.-Davis v.
Davis (N. J. Sup.) 184.

Where an information is filed without leave

of court, a plea which attacks the title of the
relators to the office is good.-Davis v. Davis
(N. J. Sup.) 184.

Where an information alleged that the act un-
der which respondents held office had been re-
pealed, and their terms terminated, a plea stat-
ing that they were elected under the repealed
statute, and their terms had not expired, was
bad.-Davis v. Davis (N. J. Sup.) 184.

of the respondent.-Davis v. Davis (N. J. Sup.)
A plea to an information must set out the title

184.

Right of attorney general to bring quo war-
ranto to oust a benefit association from its fran-
chises after a judgment was rendered ordering
the funds of the association to be preserved in
statu quo until the election of officers by the
supreme lodge. - Commonwealth v. Order of
Solon (Pa.) 930.

The court of one county has jurisdiction in
quo warranto proceedings against a corporation
organized and doing business in another county,
provided the corporation appears in court.
Commonwealth v. Order of Solon (Pa.) 930.

RAILROAD COMPANIES.

See, also, "Carriers": "Horse and Street Rail-
roads"; "Master and Servant."
Assault by conductor, see "Damages."

Jurisdiction of chancery to regulate the use
of land upon which two railroad companies
cross, and in which they have a common inter-
est.-National Docks & N. J. Junction Connect-
ing Ry. Co. v. Pennsylvania R. Co. (N. J. Ch.)
1102.