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the rate of ten per cent. The court | Contract.—Where a party to a contract
business, this does not render his
son contracts for the payment of a liiri. Henry v. Ritenour...........136
Release.--A. held a judgment against
B. and C. for a certain amount; B.
paid half the amount, and thereupon
tories to be answered under oath incnt wherein A. covenanted that ho
in cridence. Barr v. Barr....... 240 faction of said judgment, without,
fendant filed, with his answer, inter- interfere with the rights and liabili-
of. See COURT OF COMMON PLEAS, 2.
Sce Arrest OF JUDGMENT, 1, 2; JURIS-
motion, required the jury, uncondi-
a special verdict. Paine ct al. v. The for by contract in writing, does not
1861, cnacting, that "interest on a
judgment, or decree for money, shall
be from the date of signing until
the same be satisfied, at the rate por
280 sell lands in the course of adminis-
dated April 8th, 1868, and providing ordinary adversary judicial proceed.
rors in the course of its exercise-
.....Ibid. as in the order of sale and its con-
firmation--however grave and glar-
session of real estate, the defendant
claims title through a sale and con-
court granted upon the application
of an adminiştrator, to make assets
to pay debts of the decedent, the
answer need not aver that a real
estatc bond was filed, but copies of
dicially know that there is not, or exbibited as parts of the answer.Ibid.
268 point guardians for infants, and such
court was a court of record. It had
jurisdiction of guardians' petitions
to sell lands. Such jurisdiction cx-
tended to lands situated anywherc
within the State. Though the law
settled, that the proceedings of entering the order of salc, the fail-
.150 bate Court, upon its organization
main object of a complaint in the to take jurisdiction of matters in
Erie f. Louisville R. R.Co......... 283 should, from the nature of the case,
....Ibid. counter-claim, within the meaning
Associatc Judges, as a Court of Pro- became invested with jurisdiction of
the infants were at the time of such Competency of. Sce CRIMINAL LAW, 14.
nal cases. See CRIMINAL LAW, 26.
ING, 11, 12.
been rightfully allowed......... Ibid. 2. Same.—Where a defendant justifies
der our code, a defendant may set erty as a constable, by virtue of an
Vail ct al. v. Jones et al......... 467 not be sustaincd without proper cri-
LAW AND EQUITY.
Sce LandLOOD AND TENANT, 1, 2.
arrest of the deserters having been
justificd. Teagarden v. Graham ct
..422 MALICIOUS PROSECUTION.
Pleading.–In a complaint for mali.
cious prosecution, the plaintiff must
have been malicious has terminated
in his acquittal or discharge. Gor.
rell v. Snow.......
lease. Nuffman v. Starks.........474 malice will not be implied from the
to such a lcase may have such rem- slaughter. Murphy v. The State.511
they may be, cannot constitute such , IIeld, that the notice was insufficient sufficient provocation to rebut the to create the lien, and that the court presumption of malice arising from had no power to refcrm it. Lindthe act, in such a case, and reduce ley et al. v. Cross et uz ...............106 the offense from murder to man- 2. Same.—Pleading.- Married Wo. slaughter .....
.Ibid. man.-A complaint to enforce a ma3. Deadly Weapon.-If the act be terial-man's lien for lumber sur
perpetrated with a deadly weapon, nished to erect a dwelling house so used as likely to produce death, upon the separate real estate of a the purpose to kill may be inferred married woman, the portion relating from the act....
to the lien showing an insufficient 4. Words.- Definition of.- Statute notice, was held bad on demurrer,
Construcd.The word “voluntari- for want of averment that the dwellly” in our statutory definition of ing house was necessary and proper manslaughter means, by the free for a full and complete enjoyment exercise of the will, done by design, by the married woman of the real purposely..............
.Ibid. estate in question........ ..Ibid. 5. Instruction to Jury.-On the trial of an indictment for assault and bat
MERGER. tery with intent to murder, the court instructed the jury, in effect, that See Troost v. Davis, 34. there can be no purpose to kill in manslaughter; and that if such a
MILITARY ORDER. purpose be shown to exist, and if death result, the killing is murder.
Sec STATUTE OF LIMITATIONS, 1, 2.
Of partics. See Parties, 10.
recover the possession of certain MASTER AND SERVANT. real estate, held by the defendant as
tenant of the plaintiff
, for non-paySee RAILROAD, 5, 11.
ment, upon ten days' notice, of rent
due, and also for the rent unpaid, MEASURE OF DAMAGES. in one paragraph. Finding, that
the plaintiff was not entitled to the Sce DAMAGES, 1, 2, 4; OFFICE AND OF- possession of the premises, and that FICER, 3, 4, 5.
the defendant was indebted to the MECHANIC'S LIEN.
plaintiff in a certain sum. Judgment
for the sum found due. 1. Notice.---Reformation of.- A notice Teld, that if two causes of action were
of intention to hold a material-man's improperly joined, the only method lien crroncously described the prop- to reach that error was by demurrer. crty as lots "6 and 7," the true Held, also, that this court can in no description being “3 and 4.” Suit case reverse a judgment for this to enforce the lien, the complaint crror. Burrows v. Holderman et al.412 alleging, that the ownership of the property remained unchanged; that MISREPRESENTATION. no third person had acquired any rights that would be affected by a Sce RescissioX, 2, 3; Sale, 7, 8, 9, 11. correction of the mistake; and that the materials furnished were the
MISTAKE. only materials of the kind ever surnished by plaintiff to defendant.
See Will, 1, 2.