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jury, is not neceaaaril^ equivalent to an intentional wanton wrong.
Such rule would require infallibility in selecting the best means to
avoid an injury, whue all the law requires is the adoption in good
faith of the means believed by the person called upon to act to be
the best adapted to prevent injury. (Louisville etc R. R. Co. v.
Markee, 21.)

28. RAILROAD COMPANIES— MOVING TRAIN— PASSING STA-
TION WITHOUT SLOWING UP.— A passenger on a raUroad train,
with a ticket for a station at which it Is not customary for the train to
stop, but to slow its movement, so as to allow passengers to alight, if
called to the platform by the announcement of the station, where he
'is thrown from the steps of the car and Injured by a sudden increase
of the speed of the train, which should be slowed or stopped, is entitled
to damages* though he is thrown from the car on the side opposite to
his station, the train having passed it and the passenger having
crossed to the other side of the train under the reasonable expecta-
tion that it ^^uld be slowed at his destination, a few feet beyond the
station. (Brashear v. Houston etc. R. R. Co., 382.)

29. RAILROAD COMPANIES-SIDETRACK.— THE RISK OP
PASSING from one side of a spur railroad track, or switch, to the
other, by going through freight-cars standing thereon, is apparent and
should not be taken. (Bollinger v. Texas etc. Ry. Co., 379.)

80. RAILROAD COMPANIES ARE NOT LIABLE FOR INJURIES
RECEIVED WHILE PASSING THROUGH FREIGHT-CARS ON
SIDETRACK.— Though it is customary for persons, without objection
on the part of a railway company, to pass from one side of a spur rail-
road track, or switch, to the other, by going through freight-cars
standing thereon, the company is not liable for damages, when a boy,
eleven years old, in attempting so to pass, was fatally injured by the
violent closing of a side door of one of the freight-cars, caused by Its
being pulled out to be coupled with a passing freight train, after
warning by the bell of the locomotive, and its lurching suddenly to
one side on account of a defect In the track, especially where his pres-
ence was unknown to the railroad employees, and it did not appear
that the switch was, at the time of the accident, impassably blocked
by standing cars. The company owed him no duty. (Bollinger r.
Texas etc. Ry. Co., 879.)

81. RAILROADS-DUTY OF PERSONS CROSSING TRACK— NEG-
LIGENCB.— Persons whose business or pleasure takes them across a
railroad track must before attempting to cross, exercise prudence and
care, and look and listen for approaching trains. If they do this, it is
not negligence on their part to go upon the track when no approach-
ing train is in sight. (Schexnadrye v. Texas etc. Ry. Co., 321.)

82. RAILROADS-PARTY USING TRACK AS HIGHWAY— NBG-
LIGENCE.— A person who goes upon a railroad track for the purpose
of using It as a highway to a certain extent assumes all risks, and It re-
quires gross negligence, amounting to malice, to make the railroad
company liable for an Injury to him, especially when be has a safer
mode of travel by a public highway. (Schexnadrye t. Texas etc
Ry. Co., 821.)

88. RAILROADS-DEAF MUTE ON TRACK— NBQLIGBNCE.—
Greater care, caution, and prudence are required of a deaf mute who



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Index. 1045

goes upon or qms a railway track as a highway than la required from
one In the fall possession of all his senses. It Is negligence on the part
of snch mnte to so nse the track and fail to use his sense of sight to
detect the approach of a train, and the railroad company, If exercising
due diligence, is not liable for an Injury to him. (Schexnadrye r.
Texas etc. Ry. Oo., 821.)

84. NlSOIilGBNCB— PBBSUMFTION IN FAVOR OF BXERCISB
OF CARE.— A person traveling upon a highway. In full possession of
all of his faculties, who is killed by a railroad train at a level crossing,
is presumed to have been exerciBing ordinary care, in the absence of
evidence of his negligence. (Huntress v. Boston etc. R. R, 600.)

85. RAILROADS-NEGLI6BNCB AT CROSSING&— Whether A
railroad company, with knowledge of the dangers at level crossings,
should guard against accidents by stationing flagmen there, or by
slackening the speed of its trains, in the exercise of ordinary care, la
a question of fact for the Jury. (Huntress v. Boston etc. R. R., 000.)

86. RAILWAYS— NEGLIGENCB.— IF A BOY TBN YBABS of age bl
drlrlng a team dose behind an adult, and the drcumstancea are aocli
as to warrant the inference that he was expected to be governed to
some extent by the management of the team just ahead of him, and
that the driver of the latter exercised due care, and the boy was a
suitable person to be Intrusted with the team just bahlnd the other,
the jury is justified in finding that the boy vnis In the exercise of such
care In driving as an ordinarily careful boy of his age was accustomed
to exercise under like circumstancea. (Hicks v. New York etc. R. R.
Co.. 471.)

87. RAILROAD COMPANIES— OONTRIBUTORY NEGLIGENCE—
CROSSING TRACK.— A railroad company Is not liable for damages
cansed by a locomotive striking a traveler crossing the track with a
wagon. If the evidence shows that the usual signals of the approach*
Ing train were given and should have been heard and heeded.
(Blackwell v. St. Louis etc R. R., 871.)

88. STREET RAILWAYS — NBGLIGENCB. CONTRIBUTORY.
PRESUMPTION OF.— If a child is upon the tracks of a street rail-
way, where it ought not to be at the time, and an injury occurs. In
consequence of which it Is killed, it is Incumbent on the father suing
as administrator of the child to recover compensation to show that
Its presence upon the track, or in a dangerous and exposed situation,
was without negligence on its part or that of its custodian. (Bam-
berger V. Citizens' etc. Ry. Co., 909.)

89. 8TBBBT RAILWAYS-DUTY OF STRBBT-OA^ DBiyBB.-I«
Is the duty of the motorman in charge of an electric street-car, not
only to see that the railroad track is clear, but also to exercise con-
stant watchfulness and care for persons who may be approaching
the track. (Barnes v. Shreveport etc. R. R. (3o., 400.)

40. STREET RAILWAYS-NEGLIGENCE IN MANAGEMENT OF
CAR.— In an action against a street railway company for negligence
in running an electric street-car over a child of tender years, the
proper Inquiry Is whether the motorman failed to observe or do
something which he ought to have seen or done, and which he would
have seen or done with ordinary care or vigilance. (Barnes v.
Shreveport etc. B. R. Co., 400.)

41. PLEADING— NEGLIGENCE.— AN AVERMENT that the enai.
neer in charge of the defendant's train ran it without care, and nc«Ti-
gently, tbrouah a cut and around a curve and upon John S. M.,
and thereby killed him, and that his death was the result of the
negligence of snch entdneer, sufficiently states the negligence of the
defendant. (I^ulsville etc. P. R. Co. v. Mnrkee, 21.)

42. NBGLIOBNCB IN CROSSING RAILWAYS-QUBSTION OF
FACT.— If a person stops as he approaches a railway croastng and

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1046 Index.

looks and listens for a train, bnt neither hears nor sees any, and knows
that the crossing Is equipped with electric bells to warn trayelem of
the approach of trains, he cannot be adjudged guilty of contributory
negligence as a matter of law, though it does not appear that he
looked for a train afterward, and it further appears that he was drir-
ing a team, the care of which occupied his attention somewhat, and
that he was struck at the crossing by a train running about forty mllM
an hour. (Hicks t. New York etc. K. E. Co., 471.)
43. RAILROADS— TORTS WHILE IN HANDS OP RBCBIVBR,— A
railroad company is liable for torts committed by the negligent
operation of trains on its line while in fbe hands of a receiver of its
lessee, appointed in an action to which it is not a party. (Parr t.
Spartanburg etc. R. R. Co., 826.)

See Carriers; (Corporations, 5, 7; Damages, 8, 4; Dedication, 2; Hus-
band and Wife, 7, 8; Instructions, 5; Mandamus; Reoeiyers.

RAPE.

RAPB-EVIDENCB AS TO CHASTITY.-In a prosecution for aa

assault with intent to commit rape, the character of the woman as

to chastity may be attacked, but specific acts of unchastity with other

men than the defendant cannot be shown. (State t. Ff^ssiman, 760.)

* See Assault; Indictment.

REAL ESTATE.
See Partnershipi 1-3.

REAL PROPERTY.

1, REAL PROPERTY— DUTY OF OWNER AS TO LIOBNSBBS^
One who owns a building must keep it reasonably safe for the use of
persons who enter it at his invitation, but he owes no such duty to
a licensee. (Beehler y. Daniels, 790.)

2. REAL PROPERTY— LICENSEB-PIBEMAN.— A member of tho
fire department of a city, injured by falling into an unguarded eleya-
tor well in a building while extinguishing a fire therein, cannot
recover of the owner, without showing that he has violated somo
statute, or proving facts which amount to an invitation to enter therien.
The action cannot be grounded on negligence in failing to guard the well,
or in so packing the merchandise on the premises as to conduct oos
to the welL (Beehler v. Daniels, 790.)

See Vendor and Purchaser.

RECEIVERS.
RECEIVERS— GARNISHMENT.— A debt due from reoeirois of

a railway company appointed by a federal court may be garnished
in a state court, but no executory process can issue on the Judgment
rendered in the state court; that Judgment can be satisfied only by
an application to the court appointing the receivers for an order di-
recting its payment in the due order of the settlement of the affairs
of the railway company. (Irwin v. McKechnie, 496.)

See Banks, 2; Landlord and Ttoant, 14; Railroads, 48.

RECORDS.
1 PUBLIC RECORDS, RIGHT TO EXAMINB.— THB JUDIOIAIi
RECORDS OF THB STATE SHOULD ALWAYS BE ACCBSSIBLB
to the people for all proper purposes, under reasonable restrictions as
to the time and mode of examining the same, but no one has a right
to examine, or obtain copies of, public records from mere ciirloslty«



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4>r for the purpose of creaffng public scandaL (In re Oaswell's B««
^ueflt, 814«)

2. COURTS— POWER AS TO IMPROPBR USB OF RBGORDS.—
In the absence of a statute allowing any person to examine public
records and take memoranda thereof, the court has power to prevent
the use of its records to gratify private spite or to promote public
scandaL (In re Oaswell's Request, 814.)

3. COURTS-COPIES OF RECORD.— It U not the duty of a clerk of
the court to furnish a copy of the proceedings in a divorce case to the
reporter of a newspaper, who requests it "for publication or others
wise." (In re CaswelTs Request, 814.)

RECRIMINATION.
Bee Marriage and Divorce, 4.

REDEMPTION.
Bee Mortgages, 4; Statutes, 7, 8»

RELIGIOUS SOCIETIES.

1. RBLIGIOUB ASSOCIATIONS AND 800IBTIB& — Though •
constitution formed for a religious society was not submitted to*
nor ratified by, the people to be governed by it, and its force was
never fully recognized by the entire body of the church, yet, if it was
accepted and remained unchanged for forty years, and every person
who joined the society accepted its provisions, and was entitled to
demand all the rights it guaranteed, it should be held to constl*
tute the permanent law of the society so long as it continues un-
changed and unrepealed. (Russie v. Braasxell, S42.)

2. RELIGIOUS ASSOCIATIONS.-A CHANGB IN THB CONFBB-
8I0N OF FAITH of a religious association does not amount to a
misuse or perversion of the trust upon which its property is held.
If the substantial theological doctrine and general polity are retained,
though there is a change in the church policy, or an alteration In
the expressed form of faith. (Russie v. Brazzell, 642.)

8. RELIGIOUS ASSOCLA.TION-FAITH, CHANGE OP CONFB8-
8I0N OF.— Though the constitution of a church provides that n«
rule or ordinance shall be passed at any time to change, or do away,
with, the confession of faith, it ddes not prohibit changes in such
confession in the interest of deamess of expression or fullness ot
statement of the established doctrines of the church. (Russie v*
Brazzell, S42.)

4. RELIGIOUS ASSOCIATIONS — FAITH, GHANOB OF CON*
FESSION OF.— If a revised confession of faith is proposed and
adopted by a religious association, and the question is one of doctrine
alone, the courts are inclined to treat the decision of the general con*
f erence of the association as final, in so far as it determines that the
revised confession does not so change the distinguishing doctrine
of the church as to destroy its identity or operate as a perversion of
the trust under which its property is held. (Russie v. Brazzell, 642.)

5. RELIGIOUS ASSOCIATIONS.-THE MODE OF SUBMITTINCI
PROPOSED AMENDMENTS to the constitution of a reUglous asso*
•elation may be devised and proclaimed by its general officers, if not
contrary to the laws of the land nor to the provisions of the old con*
«titution. (Russie v. Brazzell, 642.)

6. RELIGIOUS ASSOCIATIONS - CONSTITUTION. NUMBBB
OF VOTES REQUIRED TO CHANGE.-If the constitution of a
religious association declares that it shall not be altered, unless by
the request of two-thirds of the whole society, ys^ tf amendments



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1043 Index.

are submitted and Toted upon, and more than two-thirds of tlie Tote^
cast are in favor of such ameiuiinenis. thev are adopted by a sufficient
vote, though the persons so voting for the alteration are less than
two-thirds of all the members of the society, If the rules and customa
of the society accord with this construction of its constitutional law.
(Russie T. Brassell, 542.)

7. RBLIOIOU8 ASSOCIATIONS — CONSTITUTION OP, HOW
BiAY BE CHANGED.— A constitution which declares that it shall
not be altered, except by the request of two-thirds of the whole so-
ciety, merely requires that no alteration shall be made without tha
consent of two-thirds of the members. Therefore, such a constitu-
tion may be changed by the formulation, by a committee appointed
for that purpose, of a new constitution, its submission to the mem-
bers for their approval, and the casting in favor thereof of tlis Totea
of the requisite number of members. (Russie r. Brassell, 542.)

8. RELIGIOUS ASSOCIATION— ELECTION— UNFAIRNESS OF
BALLOTS.— Though, on submitting amendments to the constltn-
tlon of a religious association, the ballots are all printed in favor of
the amendments, and persons desiring to vote against tham must
strike out the word '*yes" and insert "no,** and the votes are received
and counted by the teUers, and the result declared by fbe feneiml
conference, such result will not be set aside by the courts Ib a eol-
lateral attack. (Russie t. Braszell, 542.)

REMAINDERS.
See Devise, 7; Estates.

REMISSION.
See Executors and Administrators, 11, IS.

REMOVAL OF CAUSES.
REMOVAL OF CAUSE TO FEDERAL COURT— WHAT WILL
NOT JUSTIFY.- The mere fact that the defendant in a state court is
a United States marshal, justifying under a writ of attachment issoed
from a federal court having Jurisdiction in the locality of the suit,
does not confer upon him any right to have the cause remored Id that
court (Walker v. Coleman, 254.)

RENEWAL NOTES.
See Mortgages, 2.

RENTS.
See Landlord and Tenant, S, 6, 6^ t^ 14.

REPRESENTATIONa.
See Frand, 5, !!•

RESCISSION.
Bee Contracts, 18; Vendor and Porehsasr.

RES QEBTM.
Bee Assault; False Imprisonmanti IL

RES JUDICATA.
See Judgments, 4-^



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Index. 1019

BE8TRAINT OF TRADK
Bee Oontractfl, 6-IOl

BEVOCATION.
See license*

BIGHT OF WAY.
8ee Xminent Bomain, 1 ; Husband and WifSt 7, •>

BIPARIAK BIQHT8.
Bee Waters.

SALES.
1. 8ALBS-QUALITT OF ABTIGLB CONTBAOTHD FOB.— If pafw
ties make a contract on the tenth day of January for the sale of prim*
crude cotton-eeed oil, to be thereafter manufactured and to be dellv-
•red as made, the quality of oil contracted for la miiuisiily that Und
which can be manufactured at that late season by the seller.
(Standard Cotton Seed Oil Co. t. Bxcelslor Beflnlng Co, 888.)

f. SALB OF CHATTELS, WHEN COMPLETB.-U goods ai« sold
to be dellTsred f • o. b. at a place designated, and they are so dellTsrsd,
oonsigned to the purchaser, property therein at once irests in him,
sad the vendor eannoi maintain an action for injuries subsequently
occurring to the goods through the negligence of the carrier. (Capo-
hart T. Furman Farm etc» Co., 60.)

See Bneutors and Administrators, 6; Fraud, 4, 7; Partition, 1-4; Bp#-
dfio Performance, 2 ; Vendor and Purchaser*

SAVINGS BANKS.
See Trusts, 2^

SEALS,
fiee Corporations, 28.

SECRECY.
Bee Elections, 14.

SETOFF.
See Pledge.

SEWERS.
Bee Landlord and Tenant, IL

SHORES.
Bee Boundaries.

SIDBWALEIS.
8es Municipal Corporations, 88.

SIGNALS.
Bee Baihroads, 28-88.

SLANDER.
BLANDBB— MALICns, WHEN IMPLIBD.— Under tte Loolsiaiia
law malloe may be implied from any kind or form of words slanderous



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I



1050 Index.

In their nature, and damages may be allowed therefor without azpi

proof of malice. (Tarleton t. Lagarde, 353.)

See Apothecaries, 2.

8MART-M0NEY.
See Damages, 2.

SPECIFIO PERFOim/lNCB.

1. SPECIFIC PERFORMANCE-MUTUALITY OP REMEDY.—
Plaintiff's right to specific performance does not depend upon the
defendant's right to that remedy. (Hickey v. Dole, 614.)

2. SPECIFIC PERFORMANCE — PERSONALTY. — A court ot
equity will not, as a general rule, order the specific performance of a
contract for a sale of personal property. (Manton y. Ray, 811.)

3. SPECIFIC PERFORMANCE— PERSONALTY.— Equity will de-
cree the specific i>erformance of a contract to convey personal prop-
erty, If like property cannot be obtained elsewhere, or if loss cannot
be adequately compensated by damages in an action at law. (Manton
T. Ray, 811.)

4. SPECIFIC PERFORMANCE- CONVEYANCE OP STOCK.
Equity will decree the specific performance of a contract to conrey
corporate stock if It cannot be obtained elsewhere than from the re-
spondent and its value is uncertain and not easily to be ascertained.
<Manton v. Ray, 811.)

6. SPECIFIC PBRFORMANCE-CON\£BYANCB OP STOCK—
DEMURRABLE BILL.— A court of equity will not order one to
transfer stock which he does not have. A bill to compel the specific
performance of a contract to convey stock must, therefore, allege that
the respondent had the stock at the time of the contratt (Manton v.
Bay, 811.)

6. SPECIFIC PERFORMANCE OP FRAUDULENT CONTRACTP
BETWEEN HEIRS.— A contract between all of the heirs and the
widow of an insolvent ancestor. In fraud of his creditors, whereby
a portion of the heirs are to purchase the estate, without paying any
money on their bid, when -the hind la sold under a Judgment in
favor of the widow, and are to hold the property for the benefit of
the widow during her life, and distribute it among all of the heirs
after her death, and under which such heirs purchase the estate
for much less than Its market value, under representations that they
are bidding for the benefit of the family Is against public policy,
and cannot be specifically enforced against the purchaaing. heirs
having title and In possession after the death of the widow, in the
absence of a showing that all of the parties are not In pari delicto.
(Milhaus V. SaUy, 834.)

7. SI'ECIFIC PERFORMANC3E OF FRAUDULENT AGREE-
MENT.— A complaint alleging that all of the heirs of an insolvent
estate are tenants in common, and setting up a contract between them
in fraud of the creditors of the estate, whereby certain of the heirs
were to obtain a certain part of the estate which they agreed to con-
vey to the other heirs, does not entitle the latter to a specific perform-
ance of the contract (Milhaus v. SaUy, 884.)

8. SPECIFIC PERFORMANCE-PARTIES.— The administrator and
heira of one of the parties to a contract for the conveyance of land
are properly made parties defendant to a suit for spedflc per-
formance, when their joinder is necessary to a decree that will leav*
no part of plaintiff's title open to contioveray or doubt (Hlckear T.
Dole, ei4.)



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Indkx. 1051

STATES.

1. CONSTITUTIONAL LAW-STATE INDBBTBDNBSS.-Under a
statute directing the secretary of state, as ex officio commissioner of
public printing, to advertise for bids therefor and to make contracts
with the best and lowest bidders for doing such printing as the state
may require, a contract made by him for such purpose does not incur
an indebtedness on the part of the state, within the meaning of a
-constitutional provision prohibiting the incurring of state indebted-
ness, "except in pursuance of an appropriation for the specific pur
pose first made." (Carter v. Thorson, 893.)

2. CONSTITUTIONAL LAW — STATE INDEBTEDNESS. — The
legislature has supreme power to make appropriations of state money
for the payment of state indebtedness, except as prohibited by the
constitution of the state. (Carter v. Thorson, 893.)

8. CONSTITUTIONAL LAW— STATE INDEBTEDNESS.— A con-
•titntional provision prohibiting the incurring of state indebtedness,
''except In pursuance of an appropriation for the specific purpose first
made," simply confines the creation of such indebtedness to such sub-
jects and to such amounts as are expressly approved by that depart-
ment of the government which Is required to provide for its payment
<Carter v. Thorson, 893.)

4. CONSTITUTIONAL LAW — STATE INDEBTBDNBfiS.-A con-
stltutlonal provision prohibiting the incurring of state indebtedness,
"except in pursuance of an appropriation for the specific purpose first
made," dctts not prevent the legislature from Incurring, or directing
the immediate incurring of a state indebtedness for the usual and cur-
rent administration of state affairs, without a specific appropriation
first being made therefor. (Carter t. Thorson, 893.)

See Conflict of Laws; Constitutions ; Corporations, 2^^38.

STATUES.
See Injunctions, 2-8.

STATUTE OF FRAUDS.
See Brokers, 4; Contracts, 4; Lioenae; Wills, Id

STATUTE OF LIMITATIONS.
See Limitations of Actions, 1.

STATUTES.

1. IN INTER PKETIN6 A STATUTE the words used should be con-
strued with reference to the subject matter. (Cardenas v. Miller,
84.)

2. STATUTES, INTERPRETATION OF.— General language used in
a chapter of the oode relating to real property cannot control other
sections of the same code relating to persoDal property. Therefore,
a general statement to the effect that an unrecorded instrument is
valid between the parties thereto and those who have notice thereof
does not control nor vary the provisions of the same code upon th«
subject of chattel mortgages. (Cardenas r. Miller, 84.)

8. STATUTBS-CONSTRUCTION.-WordB of a statute ought not to
be given a retrospective operation, unless they are so clear, strong,
and impressive that no other meaning can be annexed to them or un-
less the intention of the legislature cannot be otherwise satisfied.
<Lawrence v. Louisville, 309.)

4. CONSTITUTIONAL LAW.-AN ACT WILL NOT BB PRO-
NOUNCED UNCONSTITUTIONAL, unless It is clearly aa A doubt



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1052 Index.

of the oonstltQtloiiallty of an act U not suffldent Id warrant Its Judicial
condemnation. (Beverly t. Bamits, 257.)

5. CONSTITUTIONAL LAW-OLAS8 LBOISLATION.— A atatnte
authorizing a onion or aBsoclation of workmen to adopt a trademark
or label to be naed only on goods prepared by memben of that
association does not conflict with the proYisions of the state consti-
tuticMi inhibiting the granting to any corporation, association, or In-
dividual of any special or exclusive right, pririlege, or immunity.
(State T. Bishop, 660.)

6. CJONSTITUTIONAL LAW - PAWNBEOKBES.— A statute re-
quiring all pawnbrokers to keep a book in which shall be entered a
description of all property pawned to, or purchased by, them, with
the names and residences of the persons by whom they were l^t»
the amount of the purchase money or the loan, the interest charged,
and the time when the loan falls due, is constitutionaL It does
not yiolate the provisions of the state constitution prohibiting tlis
compelling of any person to bear witness against himself. (St.
Joseph V. Levin, 577.)

7. STATUTES-CHANGE OP REM EOT.— EQUITY OP EB-
PEMPTION.— As the reserved estate of an equity of redemption is
indefinite in its duration, the legislature has power to reinilate it,
within reasonable bounds, so as to protect the interests and OQVl-
ties of both debtor and creditor. (Beverly v. Bamltz, 267.)



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