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plaintiff was entitled, might allow him the amount of the money advanced on the stock
See FRAUDS, STATUTE OF.
PRINCIPAL AND SURETY.
to the directors of the bank for losses caused by the defalcation of the cashier, where
Graves v. Lebanon National Bank, 59.
bond did not estop the directors to allege the existence of facts that could be estab-
part of the vendor, or his agent, to employ by-bidders to keep up the price for his own
the obligation to use due care and skill to have the trains arrive and depart at the pre-
Manchester & Laurence R. R. 8.
M. The railroad company published a time-table, in common form, upon which a
failure to transport the plaintiff was not attributable to negligence on the part of the
railroad company. 16.
by the statutes of California. Huntington v. Cent. Pac. R. R. Co. 94.
Ohio statute of February 11, 1848 (S. & Č. 273, note), is not limited to the acquisition
abuse the power conferred upon
the hands of its vendee. 1b.
“ whether made or to be made, acquired or to be acquired, and all property, real or
Congress and the war from paying a debt due to a creditor in a loyal state, is no
REMOVAL OF CAUSES.
in the circuit courts by the eleventh section of the judiciary act, concurrent with the
Grover g. Baker Sewing-machine Co. v. Florence Sewing-machine Co. 389.
exceed, exclusive of costs, the sum or value of five hundred dollars, and that an alien
and a citizen of another state. 1b.
five hundred dollars, the circuit courts have no jurisdiction, except in revenue and
he shall be found at the time of serving the writ. Ib.
or by a citizen of the state in which the suit is brought against a citizen of another
comply with all the other conditions specified in the section. 16.
the removal may arise, that each distinct interest should be represented by persons, all
is removed. Ib.
consequently the jurisdiction of such courts in every case must depend upon some act
7. Courts created by statute can have no jurisdiction in controversies between party and
party except such as the statute confers. Ib.
certain cases from the state courts, but this act, like the judiciary act, limits the right
other than that in which the suit is brought. Ib.
act to petition for the removal of the case, but the provision is that such a defendant
fendant or defendants as parties in the cause. Ib.
dition that the removal of the cause shall not be deemed to prejudice or take away the
shall see fit against the other defendants. Ib.
ants, as the material phrase of the act is the same as the language employed in the
when used in a subsequent statute, to be understood in the same sense. Ib.
removal in such a case to the citizen of another state, whether he be plaintiff or de-
the non-resident party, whether plaintiff or defendant, are, that the petitioner must
ceed no further in the suit. Ib.
resident party, whether plaintiff or defendant, the right to remove the suit into the
non-resident defendant. 1b.
being that a pending suit, or one hereafter brought in a state court " in which there is
state” may remove the same into the circuit court. Ib.
court “ by a citizen of the state in which the suit is brought against a citizen of another
same thing in respect to the party who may effect the removal, except that the last act
has been removed to it, far enough to protect the rights of the parties, even if its juris-
See JUDGMENT, 5.
RIPARIAN RIGHTS. If the water of a stream becomes polluted by the emptying into it of city sewers, so that a
riparian proprietor cannot use it in his business as he has been before accustomed to do, he cannot recover against the city for the pollution, so far as it is attributable to the plan of sewerage adopted by the city; but he can recover for it so far as it is attributable to the improper construction or unreasonable use of the sewers, or to the negligence or other fault of the city in the care or management of them. Merrifield v. City of Worcester, 480.
SPECIAL DEPOSIT 1. To render the directors of a bank liable for a special deposit wrongfully converted
and used by the bank, it is only necessary to show that, but for their gross inattention, a knowledge of the conversion must have been brought to the notice of the directors. Actual knowledge is not necessary. United Society of Shakers v. Underwood, 16. 2. A special deposit is neither more nor less than a naked bailment. 16.
See NEGLIGENCE, 3.
SPECIFIC PERFORMANCE. A purchaser of land who is entitled under his contract to a perfect title cannot be com
pelled to perform his agreement, if the property purchased be subject to a judgment lien, unless he can be protected by the decree from loss by inconvenience by reason of the lien, although it be shown that the judgment debtor has other property sufficient to satisfy the judgment. Walsh v. Barlon, 341.
See EVIDENCE, 2.
SUBSCRIPTION. 1. A material change in the charter of a railroad company will have the effect of releasing
a subscription to its stock. But the change must be something that was not authorized at the time the subscription was made. Nugent v. Supervisors of Putnam Co. 376. 2. A subscription was made by a county to a railroad which was consolidated with
another railroad, the charter of the company to which the subscription was made permitting the consolidation. It was held that the subscription was not released by the consolidation. 16.
TAXATION. 1. The city council of Richmond may lay a tax upon lawyers as such. Ould v. City of
Richmond, 241. 2. The ordinance of the council provides that lawyers and others shall be divided into shall think he properly belongs, looking to all the circumstances of the case. And it is provided that when the committee have completed their classification, public notice shall be given, and any lawyer dissatisfied with his classification may appear before the committee and have it corrected if erroneous. Held, the tax is not an income tax, nor are the duties imposed on the committee legislative, but ministerial ; and the ordinance is not unconstitutional. Ib.
six classes, and that those in each class shall pay a certain sum as his tax ; and it directs that the committee of finance shall place each lawyer in the class to which they a loan and the usual printed form of transfer on the back thereof, signed by their cashier. It subsequently came into the hands of plaintiff, who took it in good faith and relying upon the cashier's signature, and who, upon discovering the fraud, brought suit against defendants. Held, that the bank by signing the blank transfer had so far warranted the genuineness of the certificate that it was estopped from setting up forgery as a defence. Held, also, that it was negligence in the bank to transfer the certificate in blank instead of to the party who deposited it by name. Mattheus v. Mass. Nat'l Bank, 512.
See INJUNCTION, 1; Municipal CORPORATION.
TAX DEED. A tax deed which the statute does not make primâ facie evidence of the regularity of the assessment and sale does not cast a cloud upon the title. Minturn v. Smith, 507.
See NEGLIGENCE, 8–18.
TRADE-MARK. 1. When it is apparent that there is an intention to deceive the public by the use of the
name of a place and the word descriptive of an article, such deception will not be protected by the pretence that such words cannot be used as a trade-mark. Lea v. Wolff,
400. 2. Where words and the allocation of words have, by long use, become known as desig
nating the article of a particular manufacturer, he acquires a right to them as a trade
mark, which competing dealers cannot lawfully invade. 16. 3. The essence of the wrong is the false representation and deceit, on proof of which an injunction will issue. 16.
VENDOR AND VENDEE.
VIRGINIA. The constitution of Virginia took effect, so far as it relates to exemptions, on the day
it was ratified, July 6, 1869. In re Deckert, 336.
WAR. The existence of war does not prevent the citizens of one belligerent power from tak
ing proceedings for the protection of their own property in their own courts, against the citizens of the other, whenever the latter can be reached by process. Lee v. Rogers, 219; Masterson v. Howard, 155.
See ReBELLION, THE.
WARRANTY. 1. An altered certificate was deposited with defendant, by a third party, as collateral for
See BAILOR AND BAILEE.
WRIT OF ERROR