INTERNATIONAL LAW. merce, but are bound to recognise the right of a belligerent engaged . 2. To legitimate the capture of a neutral vessel or property on the 4. As a civil war is never publicly proclaimed, eo nomine, against 5. Where the sovereign of a neutral state has acknowledged the exist- Id. It 6. Whether property be liable to capture as "enemies' property" does II. Foreign Ministers. 7. The Court being informed by counsel that one of the defendants JOINT DEBTORS. 1. Part payment by one, not in satisfaction of the debt, but for his per- 2. Where such payment is made in another State, its effect must be JOINT TRESPASS. 1. May be by persons acting separately and without concert. JUDGE OF PROBATE. 334 176 383 Stone vs. 444 1. Has no authority to revoke his own decree. Pettee vs. Wilmarth, . 558 JUDGMENT. See EVIDENCE, 1. LUNATIC, 1. MUNICIPAL CORPORATION, 1-3. STATE, 1. 1. Remedy for irregularity of decision. Pitt vs. Davison, 2. Against vendor in an executory contract for sale of land, is subject 124 438 3. Where the existence of a valid judgment is in issue, any evidence . 560 JUDGMENT. 5. By confession-fraud-informality-requisite form under New York 6. Equitable restraint of collection of judgment—what is necessary to 7. Form of authentication of judgment in another State. Morris et al JURY. See CONSTITUTIONAL LAW, IV. JUSTICE OF PEACE. 1. Must be so de jure as well as de facto to justify an arrest by his LANDLORD AND TENANT. I. Lease. See ASSIGNMENT, 1-3. EJECTMENT, 3. 187 248 185 1. On a letting of house or land there is no implied warranty of its 2. An under lease, by lessee of his whole term, with right to re-enter, 3. Liability on covenant to repair after conveyance by the landlerd II. Rent. 4. Tenant is bound by his express covenant to pay rent, though he 5. Insufficient averment of surrender. Id. 6. Tenant cannot refuse to pay rent and at same time retain possession, 7. Lessee evicted from part of leased premises is entitled to an apper- LAW REPORTING IN ENGLAND, LEGACY, ALTERNATIVE. 1. If legacy given to A., and in event of his death to B., and A. die in LEGISLATURE. See CONSTITUTIONAL LAW, 19, 29, 36. NAVIGABLE RIVER, 3. LETTER. See EVIDENCE, 4. 1. Proof of mailing letter affords no presumption of its due receipt, but 1. Libellous letter not justified by the relation of friend and pastor 815 700 502 701 .688 378 LIMITATION. See INSURANCE, 9. 1. Mortgage barred by twenty years' adverse possession. Reynolds vs. 2. Averment that land had not been adversely occupied for such period, 3. Note is not barred by lapse of time of limitation, if maker has lived 1. A judgment recovered on default, against a person admitted to 2. Actions brought against persons non compos for necessaries, it seems, 3. Contracts not binding in general. Note to Leach vs. Marsh, MANDAMUS. See CONTESTED ELECTIONS, 1-3. 1. In proceedings by mandamus, it is not indispensable that the petition MASTER AND SERVANT. See NEGLIGENCE, 15. *MECHANICS' LIEN. 1. Identity of building-necessary description. Kennedy et al. vs. 2. MORTGAGES TO SECURE FUTURE ADVANCES, 3. OF THE CHANGE OF THE SECURITY AS AFFECTING THE Lien, 126 557 22 30 274 187 4. Mortgage to secure existing debts, not specifying their amount, is 571 510 6. Omission of mortgagee's name not cured by delivery to a person to 317 II. Rights and Duties of Mortgagees. 7. Estate of the mortgagee. Steel vs. Steel, 254 8. Title in mortgagee by holding property as absolute owner for twenty 126 MORTGAGE. 9. Mortgagee may have personal action agrainst grantee who assumes 10. Of land subject to homestead right conveys the reversionary inte- 313 378 12. Estoppel of mortgagee from denial of title. Brown vs. Combs et al. 14. Holder of second mortgage may compel holder of first, who has 15. Duty of first mortgagee to protect second. James vs. Brown, III. Remedy on Mortgage. 53 442 510 See LIMITATION, 1. 16. Statutory foreclosure in Michigan. Lee vs. Mason, 126 17. Right to foreclose is not lost by the debt becoming barred by lapse 571 18. But in such case equity will not make a personal decree against 19. Statute prohibiting actions of ejectment on mortgages is inopera- 21. Condition that principal shall become due on default of payment IV. Chattel Mortgages. 22. Parol evidence of its intention. McKinster vs. Babcock et al., 571 57 61 248 249 24. Interest of mortgagor cannot be levied on unless he has an abso- 507 25. Mortgagor may redeem at any time before actual foreclosure. . 570 MUNICIPAL BONDS. 1. Remedy to enforce payment. People ex rel. Fiedler vs. Mead et al, 249 See COURTS, 6. DRAFT, 4. EJECTMENT, 1. NEGLIGENCE, 8-10. ROADS, 6. STREETS, 1. I. Taxation to pay Debts. 1. An agreement to levy a special tax cannot be implied from an ordi- 2. A City Council has no power to levy taxes not expressly authorized 394 MUNICIPAL CORPORATION. 3. Powers to levy taxes to pay judgments discussed, and herein of II. General Duties and Liabilities. 4. Is responsible for damages resulting from the manner of perform- 5. Hence it is not liable for injuries resulting from the improvement of streets. Id. 498 630 559 6. Plaintiff may recover for value of work done, although his contract 10. The grading, paving, &c., of a street by the city is not evidence of MUNICIPAL LIEN. 1. Pennsylvania statute relating to. Alleghany City's Appeal, NAVIGABLE RIVER. See CONSTITUTIONAL LAW, 34. NUISANCE, 3. 1. General power to erect bridges includes power to put piers in the 2. The remedy for such wanton or careless use of right is through suit 3. A general law that no bridge shall be built so as to hinder naviga 509 506 312 188 4. What are navigable streams and the extent of grant to riparian 504 6. Riparian owner on a navigable stream who raises and reclaims the 631 NEGLIGENCE. See INSURANCE, 2. MUNICIPAL CORPORATION, 4, 5, 9. RAILROAD, 15-17. 1. In an action for negligence plaintiff cannot recover unless he was 2. Negligence is a question for the jury where the fact is fairly doubt- 3. At a railroad crossing it is carelessness in any one approaching Id. 4. A request on the part of defendant for an instruction to the jury, 76 |