For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 318(8) (Mass.) Starting of street car with an awful jerk not evidence of negligence. -Gollis v. Eastern Massachusetts St. Ry., 149 N. E. 607. CERTIORARI. I. NATURE AND GROUNDS. COMMERCE. I. POWER TO REGULATE IN GENERAL. 8(6) (III.) One employed in interstate commerce has no remedy under Workmen's Compensation Act.-Wheelock V. Industrial Commission, 149 N. E. 514. ~~5(1) (III.) In absence of ground for dir 10 (Ohio) Interstate motor transportation rect writ of error, case can be brought from Appellate Court to Supreme Court only by certiorari.-Liska v. Chicago Rys. Co., 149 N. E. 469. II. PROCEEDINGS AND DETERMINATION. 44 (III.) Court had no jurisdiction to set aside order denying certiorari on motion in vacation.-Unbehahn v. Fader, 149 N. E. 773. 68 (11.) In absence of ground for direct writ of error, case can be brought from Appellate Court to Supreme Court only by certiorari, and only questions of law may be re-examined. -Liska v. Chicago Rys. Co., 149 N. E. 469. On certiorari, Supreme Court may not consider contention that judgment is contrary to weight of evidence.-Id. See Equity. CHANCERY. companies held subject to Code regulating transportation over highways, except where application involves direct burden on interstate commerce.-Cannon Ball Transp. Co. v. Public Utilities Commission of Ohio, 149 N. E. 713. II. SUBJECTS OF REGULATION. 27(5) (III.) Railroad police sergeant, riding train to protect both interstate and intrastate shipments, held employed in "interstate commerce."-Wheelock v. Industrial Commission, 149 N. E. 514. Employment determines whether injury is within federal act.-Id. Employment incident to both interstate and intrastate commerce within federal act.-Id. III. MEANS AND METHODS OF REGULATION. 62 (Ohio) Code designed to regulate motor transportation held not to authorize exclusion of companies operating it in interstate traffic.I. CREATION, EXISTENCE, AND VALIDITY. | Cannon Ball Transp. Co. v. Public Utilities CHARITIES. Commission of Ohio, 149 N. E. 713. Condition in certificate of convenience and (Ind.App.) Charitable corporations are favorites of law. Old Folks' and Orphan Chil-necessity that passengers may not be received dren's Home v. Roberts, 149 N. E. 188. (Mass.) Controlling purpose of charity stated. Hall v. College of Physicians and Surgeons, 149 N. E. 675. 17 (II.) Gift to charity held valid and not within rule against perpetuities.-Walker v. Central Trust & Savings Bank of Geneseo, 149 N. E. 234. II. CONSTRUCTION, ADMINISTRATION, AND ENFORCEMENT. 31 (III.) Equity favors gifts to charity.Walker v. Central Trust & Savings Bank of Geneseo, 149 N. E. 234. Construction of gift adopted which will sustain its validity.-Id. 45 (2) (Ind.App.) Statute concerning protection of laborers held not applicable to charitable corporations.-Old Folks' and Orphan Children's Home v. Roberts, 149 N. E. 188. Duty of charitable institution to inmate receiving its bounty stated.—Id. within Ohio whose destinations are within that state held not unreasonable, nor direct burden on interstate commerce.-Id. only in interstate commerce, not subject to ex69 (Mass.) Foreign corporation, engaged cise tax.-W. & J. Sloane v. Commonwealth. 149 N. E. 407. COMMERCIAL PAPER. See Bills and Notes. COMMON LAW. (Ind.) Legislature has power to change rules of common law, however ancient.-Manley v. State, 149 N. E. 51. COMPROMISE AND SETTLEMENT. See Accord and Satisfaction. CONDEMNATION. 45 (2) (Mass.) Evidence held to sustain finding of jury that college was conducted pri- See Eminent Domain. marily for private ends of managers.-Hall v. College of Physicians and Surgeons, 149 N. E. 675. CHATTEL MORTGAGES. I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Transfers of Chattels as Security. CONDITIONAL SALES. See Sales, 473. CONSPIRACY. I. CIVIL LIABILITY. 17 (Mass.) Vendee of lumber held to have (A) Acts Constituting Conspiracy and Liright to mortgage it.-Shapiro v. Park Trust Co., 149 N. E. 313. IX. FORECLOSURE. 249 (Mass.) Mortgagor held entitled to treat agreement as at an end.-Wooldridge v. Wolf, 149 N. E. 685. 263 (Mass.) Mortgagee, purchasing proper ty at foreclosure, held entitled to profits on resale. Steiner v. Schrank, 149 N. E. 542. CHILDREN. See Infants; Parent and Child. CITIES. See Municipal Corporations. CLASS LEGISLATION. See Constitutional Law, 211-249. ability Therefor. 6 (Ind.App.) Right of action for damages suffered from acts performed in pursuance of conspiracy.-Jones v. Hurst, 149 N. E. 449. II. CRIMINAL RESPONSIBILITY. (B) Prosecution and Punishment. 43(6) (Ind.) Affidavit must be as specific and full as entire affidavit charging felony itself.-Genett v. State, 149 N. E. 894. Affidavit of conspiracy to commit perjury must be as complete as though defendant was charged with perjury.-Id. 47 (Mass.) Evidence held to prove conspiracy between defendant's alleged accomplices to obtain bonds by forged drafts.-Commonwealth v. O'Brien, 149 N. E. 600. 48 (Mass.) Directed verdict for defendant properly overruled.-Commonwealth O'Brien, 149 N. E. 600. V. 5 (N.Y.) Proposed amendment to Constitution not rendered invalid or nullified because another amendment to article was adopted between time of first and second resolutions.Browne v. City of New York, 149 N. E. 211. 6 (N.Y.) Entry of proposed amendment in journals of houses by titles alone sufficient to satisfy Constitution respecting passage of amendments.-Browne v. City of New York, 149 N. E. 211. II. CONSTRUCTION, OPERATION, AND ENFORCEMENT OF CONSTITUTIONAL PROVISIONS. 42 (II.) Purchasers lis pendens, not defending mortgage foreclosure, cannot complain of want of due process to foreclose mortgage. -Kemper v. Weber, 149 N. E. 478. 42 (III.) Constitutionality not determined at instance of one not affected.-People v. Lewis, 149 N. E. 817. 42 (Ohio) Applicant disclaiming desire to receive certificate to render exclusively interstate service cannot complain that denial of intrastate certificate interfered with interstate commerce.-Eager v. Public Utilities Commission of Ohio, 149 N. E. 865. Legislature's determination of which is not conclusive on courts.-City of Aurora v. Burns, 149 N. E. 784. 70(3) (III.) Courts will not disturb classifications for proper police regulations made by reasonable.-People v. Chicago, M. & St. P. Ry. Legislature unless manifestly arbitrary and unCo., 149 N. E. 778. 70 (3) (I.) Function of Legislature to determine whether evil requiring legislative action exists, and what means should be adopted to suppress it.-People v. Billardello, 149 N. E. 781. IV. POLICE POWER IN GENERAL. 81 (III.) Police power may be exercised for promotion of general welfare.-City of Aurora v. Burns, 149 N. E. 784. delegation, and cannot be alienated.-Id. Police power inherent, without constitutional State has large discretion in determining matters subject to regulation under police power. Id. Judiciary will disregard mere form in protection of rights injuriously affected by unauthorized exercise of police power. Id. Police power expands to meet changing conditions from growth and development.-Id. VI. VESTED RIGHTS. 101 (Ind.) That plaintiff operated jitney bus held not to prevent city from enacting ordinance nor to exempt plaintiff.-Denny v. City of Muncie, 149 N. E. 639. ΙΧ. PRIVILEGES OR IMMUNITIES, AND CLASS LEGISLATION. 43 (1) (TÍ.) Defendants entering appearance and demurring to bill may not raise constitutional objection to injunction provisions of Prohibition Act.-State v. Milauskas, 149206(4) (Ind.) Ordinance regulating operaN. E. 294. 46 (2) (Ind.) Mere assertion of invalidity of statute raised no question.-Manley v. State, 149 N. E. 51. 48 (I) Statute presumed valid doubts resolved in favor of validity, and constitutionality upheld if reasonably possible.-People v. Newcom, 149 N. E. 269. tion of jitney busses held not grant of special privilege or an unjust discrimination.-Denny v. City of Muncie, 149 N. E. 639. X. EQUAL PROTECTION OF LAWS. 211 (Ind.) Equal protection clause does not take from state right to classify subjects of legislation.-Denny v. City of Muncie, 149 N. E. 639. 48 (Ind.App.) Statute or ordinance given construction favoring validity.-Ewbank v. Yel-225(1) (III.) Statute and zoning ordinance low Cab Co., 149 N. E. 647. pursuant there to held not unconstitutional as denying equal protection of law.-City of Aurora v. Burns, 149 N. E. 784. 240 (3) (III.) Certain sections of Prohibition Act held not void as discriminating against defendants found in possession of intoxicating liquors in soft drink parlor.-People v. Lewis, 149 N. E. 817. 50 (III.) Legislature has wide discretion in determining what public interests require.Northern Trust Co. v. Chicago Rys. Co., 149241 (III.) Act requiring railway company N. E. 422. 50 (III.) People may distribute governmental powers among legislative, executive, and judicial departments.-Saxby v. Sonnemann, 149 N. E. 526. 52 (Ohio) Prohibition against remission of fines and suspension of sentence held a valid exercise of legislative power and not to invalidate prohibition law.-Madjorous v. State, 149 N, E. 393. 56 (III.) Injunction provisions of Prohibition Act held not to violate Constitution as conferring equitable jurisdiction on county courts.-State v. Milauskas, 149 N. E. 294. to destroy weeds on right of way held not violative of equal protection clause. People v. Chicago, M. & St. P. Ry. Co., 149 N. E. 778. 241 (Ind.) Jitney busses operating over particular routes form distinct class for purpose of legislation.-Denny v. City of Muncie, 149 N. E. 639. That effect of ordinance regulating jitney busses would involve benefit to street railway company held not to invalidate such regulation under equal protection clause.-Id. 249 (Mass.) Action against nonresident defendant by compliance with statute held not to infringe his constitutional rights of equal protection of laws.-Pawloski v. Hess, 149 N. E. 122. XI. DUE PROCESS OF LAW. 56 (III.) Proceeding for construction of improvement by special assessments is statutory, of which special courts only have jurisdiction. White v. City of Ottawa, 149 N. E. 521. Legislature may confer jurisdiction in spe-273 (Mass.) Statute authorizing commitcial statutory proceeding on any court to exclusion of others.-Id. ment for contempt held not denial of due process.-Petition of Connors, 149 N. E. 669. 278(1) (III.) Statute and zoning ordinance pursuant thereto held not unconstitutional as denying due process of law.-City of Aurora v. Burns, 149 N. E. 784. 58 (1.) Member of Legislature cannot recover compensation for services as deputy or Assistant Attorney General, if acts amounted to exercise of powers of executive department. Saxby v. Sonnemann, 149 N. E. 526.278(1) (II.) Zoning ordinance held valid. (B) Judicial Powers and Functions. ~70(1) (III.) Statute under police power must have some relation to a proper purpose, -Deynzer v. City of Evanston, 149 N. E. 790. 278(2) (Ohio) Act providing for equitable division of funds and debts on transfer of property as between school districts held not For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER invalid as violation of due process.-Ross v.95(3) (III.) Threats must actually subAdams Mills Rural School Dist., 149 N. E.ject mind and will of person against whom directed to avoid contract.-Burandt v. Burandt, 634. 278 (4) (Ohio) Laws enacted under police 149 N. E. 306. power necessary to preservation of public 99(1), (III.) Party alleging procurement of health, safety, and morals, even though impair-written instrument by fraud has burden of ing full use of private property, held not to be proof.-Samuels v. Worst, 149 N. E. 228. deprivation of property without due process.Pritz v. Messer, 149 N. E. 30. (F) Legality of Object and of Consideration. Kasch v. Anders, 149 N. E. 275. / 293 (III.) Statute authorizing killing of unlicensed and trespassing dogs held invalid.-128(1) (Mass.) Note given pursuant to agreement to furnish money to settle criminal 297 (III.) Act requiring railway company case held an illegal consideration.-Wolff v. Perto destroy weeds on right of way held not vio-kins, 149 N. E. 691. lative of due process clause.-People v. Chica- Agreements to furnish money to settle crimgo, M. & St. P. Ry. Co., 149 N. E. 778. inal cases held unenforceable.-Id. 297 (Ind.) That effect of ordinance regu-129(2) (Mass.) Agreement held unenforcelating jitney busses would involve benefit to able as impeding administration of justice.street railway company held not to invalidate Keown & McEvoy v. Verlin, 149 N. E. 115. such regulation under due process clause.-137 (3) (Mass.) Note held unenforceable, Denny v. City of Muncie, 149 N. E. 639. though only part of consideration illegal.Wolff v. Perkins, 149 N. E. 691. 309 (2) (Mass.) Action against nonresident defendant by compliance with statute held not to infringe his constitutional rights of due process of law.-Pawloski v. Hess, 149 N. E. 122. 311 (Ind.) Legislature cannot declare certain facts conclusive proof of guilt or make act prima facie evidence of crime.-Darbyshire v. State, 149 N. E. 166. CONTEMPT. See Injunction, 218-230. I. ACTS OR CONDUCT CONSTITUTING 138 (4) (Mass.) Maker not estopped to rely on defense of illegality.-Wolff v. Perkins, 149 N. E. 691. 142 (Mass.) Conflict in evidence made question for jury.-Wolff v. Perkins, 149 N. E. 691. II. CONSTRUCTION AND OPERATION. (A) General Rules of Construction. 143 (N.Y.) Courts will not make an agreement for parties, but will ascertain what their agreement was.-Atterbury v. Bank of Washington Heights of City of New York, 149 N. E. 841. 5 (Mass.) Statute authorizing commitment155 (N.Y.) Words construed most strongfor contempt held not invalid.-Petition of Con- ly against person using them.-Atterbury v. Bank of Washington Heights of City of New nors, 149 N. E. 669. York, 149 N. E. 841. II. POWER TO PUNISH, AND PROCEED-158 (Mass.) Punctuation resorted to as aid in construction.-Lunt v. Etna Life Ins. Co., 149 N. E. 660. 40 (Ind.) Contempt proceedings are sometimes resorted to for purpose of enforcing pri-169 (N.Y.) Circumstances attending adopvate rights.-Oakland Coal Co. v. Wilson, 149 N. E. 54. 54(4) (Ind.) Statutory provisions merely declaratory of common law.-Oakland Coal Co. v. Wilson, 149 N. E. 54. CONTRACTS. tion of agreement may be resorted to for purpose of ascertaining standpoint of parties in regard thereto.-Atterbury v. Bank of Washington Heights of City of New York, 149 N. E. 841. 170(1) (Mass.) Construction adopted by parties considered, where language open to doubt.-Wit v. Commercial Hotel Co., 149 N. E. 609. See Assignments; Bills and Notes; Covenants; Frauds, Statute of; Guaranty; Release: 170(1) (Mass.) Conduct of parties held not Sales; Specific Performance; Vendor and to affect rights or obligations under unambiguPurchaser. ous contract.-Wooldridge v. Wolf, 149 N. E. 685. 75(1) (Mass.) Performance of legal duty not sufficient consideration to support promise. -Keown & McEvoy v. Verlin, 149 N. E. 115. 75(3) (Ind.App.) Promise to compensate officer for performing official duty void.-Gehrett v. Ferguson's Estate, 149 N. E. 86. (E) Validity of Assent. 93(1) (Mass.) Mistake may be pleaded in defense to suit to enforce written instrument. -Martin v. Jablonski, 149 N. E. 156. 95(1) (III.) Mere annoyance and vexation will not constitute "duress."-Burandt v. Burandt, 149 N. E. 306. Contract to furnish work to buyer of printing plant construed.—Id. (D) Place and Time. 215(1) (Mass.) Provision that term of contract was one year, or such time as mortgage back be paid, held not a doubtful meaning.Wooldridge v. Wolf, 149 N. E. 685. IV. RESCISSION AND ABANDONMENT. 273 (III.) Right to rescind must be exercised in toto.-Downing y. Harris Trust & Savings Bank, 149 N. E. 256. 274 (III.) Rescission implies that what has been parted with shall be restored on both sides.-Downing v. Harris Trust & Savings Bank, 149 N. E. 256. V. PERFORMANCE OR BREACH. 2922 [New, vol. IIA Key-No. Series] (N.Y.) Court unauthorized to order arbitration where contract had terminated. Checker Cab Mfg. Corporation v. Heller, 149 N. 305(3) (1.) Failure to pay on day fixed by contract waived by acceptance after such day. Neil v. Kennedy, 149 N. E. 775. 316(6) (III.) Forfeiture not waived by acceptance of payment after breach, where breach continues after acceptance.-Neil v. Kennedy, 149 N. E. 775. VI. OFFICERS AND AGENTS. (A) Election or Appointment, Qualification, and Tenure. 283 (2) (Ohio) Voting power of stock is one vote for each share, unless restricted by certificate.-Keith v. State, 149 N. E. 866. VII. CORPORATE POWERS AND LIABILITIES. 323(1) (Mass.) Waiver held under evidence (B) Representation of Corporation by ofquestion of fact.-Waxman v. Cohen, 149 N. E. 413. CORPORATIONS. See Banks and Banking; Building and Loan II. CORPORATE EXISTENCE AND FRANCHISE. 40 (Ohio) Corporation, amending articles, may provide for preferred and common stock of different values.-Keith v. State, 149 N. E. 866. III. CORPORATE NAME, SEAL, DOMICILE, 48 (Mass.) If corporation incorrectly stated in contract, correct name could be shown.Simpionbato v. Royal Ins. Co., 149 N. E. 666. IV. CAPITAL, STOCK, AND DIVIDENDS. (D) Transfer of Shares. 121 (1) (III.) Purchaser's inability to tender back stock originally purchased held not to preclude recovery of price paid.-Puntenney v. Wildeman & Co., 149 N. E. 2. ficers and Agents. 428(12) (N.Y.) Knowledge of president not imputed to corporation.-Credit Alliance Corporation v. Sheridan Theater Co., 149 N. E. 837. COUNTIES. II. GOVERNMENT AND OFFICERS. (C) County Board. 123(10) (Mass.) Corporation or transfer agent may demand that pledgee of stock, satisfy them of his authority to demand and receive certificate in his name.-Palmer v. O'Ban-47 (Ind.App.) County boards of commisnon Corporation, 149 N. E. 112. sioners creatures of limited authority.-Sullivan_v. Board of Com'rs of Miami County, 149 N. E. 94. Pledgee of corporate stock has duty to fill in blanks in assignment or power of attorney before demanding issuance of new certificates. -Id. III. PROPERTY, CONTRACTS, AND LIABILITIES. Pledgor of stock, in absence of specific agreement otherwise, is entitled to dividends paid (A) Public Buildings and Other Property. thereon.-Id. 123(24) (Mass.) Title of pledgor of cor-105(1), (Ind.) Amendatory act as to meporate stock cannot be divested except by validity of amended act pending prior to pas morial halls held not to apply to case involving sage. Heffelfinger v. City of Ft. Wayne, 149 N. E. 555. strict foreclosure.-Palmer v. O'Bannon Corporation, 149 N. E. 112. 127 (Mass.) Corporate officer should be satisfied of legality of transfer of stock before issuing new certificates.-Palmer v. O'Bannon Corporation, 149 N. E. 112. 130 (Mass.) Corporation must transfer stock on change in ownership, whether transferee has absolute or only a defeasible title. Palmer v. O'Bannon Corporation, 149 N. E. 112. 133 (Mass.) Transfer agent acting under corporation's orders not liable for failure to transfer stock.-Palmer v. O'Bannon Corporation, 149 N. E. 112. V. MEMBERS AND STOCKHOLDERS. (A) Rights and Liabilities as to Corporation. 181(1) (Ind.) Purpose of stockholder in desiring to examine corporate books must be germane to his interests as stockholder. Charles Hegewald Co. v. State, 149 N. E. 170. Privilege to examine corporate books must be sought in good faith for protection of stockholder's and corporation's interests.-Id. 181(3) (Ind.) Rights of parties in administratrix's action to inspect corporate books to determine exact value of stock so as to pay inheritance taxes thereon to be determined by rules of common law.-Charles Hegewald Co. v. IV. FISCAL MANAGEMENT, PUBLIC DEBT, 190(2) (III.) Authority to levy special or Notice of election or ballot must notify voters be levied in excess of maximum tax.—Id. that special or additional tax authorized is to where neither notice nor ballot notified voters Objection to excess tax should be sustained, that special tax would exceed constitutional limitations.-Id. COURTS. See Contempt; Criminal Law, 98-105; 17 (Ind.App.) Court held to have jurisdiction of subject-matter.-Joyce v. Bocquin, 149 N. E. 360. 23 (Mass.) Consent of parties cannot confer jurisdiction of divorce libel on probate court.-Holt v. Holt, 149 N. E. 40. 29 (Mass.) Jurisdiction of probate court to hear libels for divorce exercised within county to which it is confined.-Holt v. Holt, 149 N. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 37(1) (Mass.) Waiver of parties cannot | 219(8) (II.) Supreme Court held without confer jurisdiction of divorce libel on probate jurisdiction on ground constitutional question court.-Holt v. Holt, 149 N. E. 40. was involved.-Taylor v. Filler, 149 N. E. 283. 219(9) (III.) Cause involving only con II. ESTABLISHMENT, ORGANIZATION, AND struction of school law and question of estop PROCEDURE IN GENERAL. (A) Creation and Constitution, and Court Officers. pel against non-high school district held not within Supreme Court jurisdiction.-Ambia School of Hickory Grove Tp., Ind., v. NonHigh School Dist. of Iroquois County, 149 N. E. 238. 52 (II.) Amendment to Local Improvement Act held to abolish jurisdiction of circuit court to compel construction work to conform with 219(12) (.) That bill involves freehold ordinance.-White v. City of Ottawa, 149 N. is only ground for jurisdiction of direct appeal to Supreme Court.-Vincent v. Peterson, 149 N. E. 232. E. 521. 55 (Mass.) Power of mayor and council to 219(12) (III.) Where freehold is involved, approve or disapprove with reference to proto Supreme bation officers relates solely to amount of sal- appeal must be taken directly ary.-McCourt v. City of Boston, 149 N. E. 601. Court.-Bennett v. Bennett, 149 N. E. 292. When a "freehold is involved" in case stated. Salary of probation officer lawfully fixed by general order of justices until changed by court 219(30) (II.) Bill to set aside conveyance -Id. and concurred in by county commissioners.—Id. held not to involve freehold, so as to give SuSalary, established for all probation officers appointed, fixed salary for each appointee and preme Court jurisdiction of appeal from decree of circuit court.-Bennett v. Bennett, 149 N. E. subsequent appointees.-Id. 292. On approval by mayor and council of appointment of probation officer, his salary is payable 219 (33) (II.) Bill to declare deed mortgage, on approval of vouchers and may be recovered to correct description, and to foreclose mortin action at law.-Id. gage does not involve a freehold.-Vincent v. Peterson. 149 N. E. 232. (B) Terms, Vacations, Place and Time of volve freehold.-Corboy v. Graham, 149 N. E. 219(36) (III.) Controversy held not to in Holding Court, Courthouses, and Accommodations. 65 (1.) Term does not continue until next succeeding term irrespective of "vacation."Unbehahn v. Fader, 149 N. E. 773. 780. 220(1) (Ind.) Adjudication in suit, ordering property sold as being indivisible, partition not appealable to Supreme Court as from interlocutory judgment; "final judgment."Heppe v. Heppe, 149 N. E. 890. (C) Rules of Court and Conduct of Busi-220(7) (Ind.App.) Where validity of ordi ness. 78 (Ind.) Circuit courts may adopt rules not repugnant to state laws.-Barber v. State, 149 N. E. 896. nance is involved, Appellate Court has no ju- 647. 80(1) (Ind.) Motion for change of judge cannot be denied because of court rule, when reason for asking change not known in time to comply with rule.-Barber v. State, 149 N. 394(3) (Mass.) Question of interpretation E. 896. Circuit court rule cannot require applicant for change of judges, whose motion not presented within time fixed by court rule, to set out facts showing that motion made as soon as reasonably possible.-Id. 92 (Ind.App.) Language of opinion limited to point decided.-Ogelsby v. City of Indianapolis, 149 N. E. 82. of legislative intent rests primarily on state court.-W. & J. Sloane v. Commonwealth, 149 N. E. 407. IV. ACTIONS FOR BREACH. 116(4) (III.) Jurisdiction after expiration of term confined to errors and mistakes of offi-108(2) (Ind.App.) Vendor selling land with cers. Unbehahn v. Fader, 149 N. E. 773. V. COURTS OF PROBATE JURISDICTION. VI. COURTS OF APPELLATE JURISDIC- (A) Grounds of Jurisdiction in General. 207 (4) (Ind.App.) Appellate Court may issue writ of mandamus only in aid of appellate powers and functions.-State v. Jeffries, 149 N. E. 373. Appellate Court held to have jurisdiction of petition, in mandamus to compel appointment of relatrix as administratrix.-Id. (B) Courts of Particular States. 219(7) (III.) In cases involving revenue, Supreme Court limits their decision to objections made.-People v. Cairo & T. R. Co., 149 N. E. 824. restrictions, or his grantee, loses right to enpermitting other grantees to violate them.— force them against one grantee by knowingly Schwartz v. Holycross, 149 N. E. 699. CRIMINAL LAW. See Assault and Battery, 48-92; Conspir I. NATURE AND ELEMENTS OF CRIME 11. (Ind.) Court may refer to common law for definition of crime not clear under statute.Simpson v. State, 149 N. E. 53. 14 (Ind.) Fact that act in force at time of alleged offense was superseded by another act did not affect right to prosecute action for offense under superseded act to judgment.-McDaniel v. State, 149 N. E. 161. |