Графични страници
PDF файл
ePub

the latest enumeration of attorneys shows the following comparison:

People Popu- Law. per

lation. yers. Lawyer. Sioux City, , · · 33,111

273 Des Moines, . . . . 62,139

178 399 Keokuk, . . . . 14,073 32 357 Cedar Rapids, . . . 25,656 71 361 Council Bluffs, . . . 25,802 67 384 Muscatine, . . . . 14,073

440 Davenport, .

. 35,254

78 462 Fort Dodge, .

• 12,162

467 Ottumwa, . • . 18,197

502 Burlington, . . . 23,201 40 564 Dubuque, · · ·

36,295

576 Clinton, .

22,698 38 597

26

A New York'lawyer tried jumping from a railroad train running at the rate of fifty miles an hour, Strange to say, he didn't move for a new trial.

One of Mr. Fred. W. Lehmann's cases having been decided by Division No. 1 of the Missouri Suprezze Court, which consists of four judges, was transferred to the court en banc for lack of unanimity in the de. cision. When the distinguished St. Louis attorney arose to argue the case en banc he prefaced his remarks by saying that he did not controvert the fact that the decision rendered in Division No. 1 was wholly impartial, “because," he said, "there were just two judges on each side of the case, and Solomon himselt could not have decided justice more equally between the parties litigant, or rendered a more im. partial decision."

Lord Russell of Kilowen (when Sir Charles Russell) was once examining a witness. The question was about the size of certain hoof prints left by a horse in sandy soil.

“How large were the prints!" asked the counsel. “Were they as large as my hand?” holding up his band for the witness to see.

"Oh, no," said the witness, honestly, "it was just an ordinary boot."

Then Sir Charles had to suspend the examination while everybody laughed.

"Gruggs walks as if he owned the whole blamed town." “Yes; and he ain't even a police commissioner.”

CORRESPONDENCE.

To the Editor of the Central Law Journal:

In your issue of the 30th ult. some comment is made upon the tendency of recent decisions to re. strict the privilege of newspaper publication con. cerning pending cases. In that connection I call your attention to the case of Morse v. Montana Ore Purchasing Company, decided by the United States District Judge Hiram Knowles on December 10, 1900, and reported in 105 Fed. Rep. at p. 337 et seq., where a new trial of a case involving many hundreil thou: sand dollars was granted because of the publication of certain articles in a local newspaper during the trial of said cause. From an examination of the opinion in this case it will be seen that Judge Knowles takes the broad view that such publication constitutes good ground for a new trial, irrespective of whether the same actually influenced the jury sitting in the cause, provided it had that tendency. This is undoubtedly in line with the great weight of modern authority on the subject. Helena, Mont.

C. A. SPAULDING.

BOOKS RECEIVED.

HUMORS OF THE LAW.

La Tradition Romaine Sur La Succession Des Formes

Du Testament Devant L'Histoire Comparative.
Par Edouard Lambert, Professeur D'Histoire Du
Droit, Charge De Lenseignement Du Droit Civil,
Compare a L'Universite De Lyon. Paris V.
Girard & E. Briere, Libraires-Editeurs. 16 Rue

Soufflot, 16. 1901.
The American State Reports, Containing the Cases

of General Value and Authority, Subsequent to those Contained in the "American Decisions" and the "American Reports," Decided in the Courts of Last Resort of the Several States. Se. lected, Reported, and Annotated. By A. C. Freeman, and the Associate Editors of the "American Decisions.” Vol. LXXIX. San Fran. cisco: Bancroft-Whitney Company, Law Pub. lishers and Law Booksellers, 1901. Sheep. Price, $4.00. Review will follow.

WEEKLY DIGEST.

Magistrate-The charge is interfering with an officer. Roundsman McCarthy, you will please state exactly what the defendant did.

Roundsman McCarty-Oi wor passing his fruit sthand, yer anner, an'Oi shwoiped a banana, when tb' dago troid t'tek it from me, yer anner."

"The fact is," explained the police official, “I have made a mistake, and the reporters are asking all sorts of embarrassing questions. What ought I to do?"

The lawyer looked at him in astonishment. "How long have you been in politics?” he asked. “Don't you know nothing at all about the game? Why, the only thing for you to do is to get on your dignity and haughtily decline to talk for publication." • A man who had been convicted of stealing a small amount was brought into court for sentence. He looked very sad and hopeless and the Court was much moved by his contrite appearance.

"Have you ever been sentenced to imprisonment?" the judge asked.

“Never! Never!" exclaimed the prisoner, bursting into tears.

"Don't cry, don't cry," said the judge, consolingly; "you are going to be now."

01 ALL tho Carront Opinions of ALL the State

and Torritorial Courts of Last Resort, and of tho Sapremo, Ctrouit and District Courts of the United States, except those that are Pablished In Fall or Commontod apon in our Notos of Im. portant Docisions and except those Opinions in which no Important Legal Principles aro DisCASOd of Interest to the Profession at Largo. CALIFORNIA...........

.............32, 58 COLORADO.....

............3, 4, 15, 16, 36, 53, 57, 59

GEORGIA...

............ 46, 65 being the meander line of a stream or lake, so that IDADO.............

.................10, 49

there is more land in the east halt than there is in the IOWA.....

..............9, 24, 38, 45, 60

weat hall.-EDINGER V. WOODKE, Mich., 86 N. W. Rep.

397. LOUISIANA....

......11, 20, 21, 30

8. CHATTEL MORTGAGES - Breach-Fraud-Maturity MICHIGAN..........7, 8, 18, 23, 26, 28, 39, 40, 41, 42, 52, 54, 61

of Debt.-Where plaintiff induced defendant to ex. MINNESOTA........

......... 31, 33, 48

ecute a mortgage by promises to extend time for the NORTH CAROLINA....5, 13, 14, 27, 34, 35, 43, 44, 47, 60, 61, 56 payment of indebtedness, and to furnish him further NORTH DAKOTA............................................6

goods and extend him further credit, plaintiff at the OREGON................................................22, 29

time intending not to keep any of such promises, but

to immediately epforce such mortgage, there was & SOUTH CAROLINA......................................11, 19

fraudulent misrepresentation of an existing fact, UNITED STATES S. C.......................1, 2, 12, 17, 25, 37 which would avoid the mortgage.-CROWLEY V. LANGUTAH.........

............62 DON, Mich., 86 N. W. Rep. 391.

9. CHATTEL MORTGAGES – Injunction Restraiping 1. ADMIRALTY-Liability of Charterer or Owner for Foreclosure.-Under Code, $ 4283, providing that the Collision.-Liability for damage caused by negligence right of a chattel mortgages to foreclose may be conof the officers and crew of a vessel, who are appointed tested by any one interested, and the proceeding and paid by charterers, is not, as between tbe char. transferred to the district court, for which purpose an terers and the owners, imposed upon the owpers by a injunction may issue, a chattel mortgagee claiming a clause of the charter party requiring the owners to prior llen is not entitled to an injunction to restrain ** pay for the insurance on the vessel."-THE the foreclosure of another chattel mortgage, as an BARNSTABLE, U.S.S. C., 21 Sup. Ct. Rep. 684.

adequate remedy at law, by replevin or garnishment,

existed against the second mortgagee, such mort2. APPEAL-Decision Not Final-Order for Remand.

gagee being solvent.-MCCORMICK HARVESTING MACH. ing of Case to State Court.-A decision of the circuit

Co. v. DE LA MATER, Iowa, 86 N. W. Rep. 365. court of appeals reversing a decree of the circuit court which denied a motion to remand a case to the state 1

10. CHATTEL MORTGAGES - Private Sale-Validity.court, and ordering the circuit to remand the case, is

Section 4520, Rev. St., providee, inter alia, that there not appealable to the Supreme Court of the United

shall be but one action for the recovery of any debt States under the act of Congress of March 3, 1891, ch.

secured by mortgage upon personal property, while 517, as such a decision is not a fipal judgment.-GER

section 3390, Rev. St., provides that a chattel mortgage MAN NATIONAL BANK V. A. J. SPECKERT, U. 8. S. C., 21

may be foreclosed by notice and sale as in subsequent Sup. Ct. Rep. 688.

sections provided, or by an action in the district

court. The Revised Statutes thus provide two 3. APPEAL-Venue-Change.- Where a judge, In va

methods or proceedings for the foreclosure of a chat. cation, of his own motion ordered a cause transferred

tel mortgage, and those methods are exclusive.-REIN to another county, the court to which the venue was

v. CALLAWAY, Idaho, 65 Pac. Rep. 63. changed baving jurisdiction of the subject matter, plaintiff waived any objection to the change by vol.

11. CONSTITUTIONAL LAW – Title of Act-Trading aptarily appearing and proceeding with the trial.

Stamps.-The title of Act No. 35 of 1900 is both inade. CHENEY V. CRANDELL, Colo., 65 Pac. Rep. 56.

quate and misleading, and fails to express the object

of any provision in the act which is susceptible of in4. ASSIGNMENT FOR BENEFIT OF CREDITORS - Liabil.

dependent enforcement. The act, therefore, contraity of Assignee - Stock in Insolvent Bank.-Under venes article 31 of the constitution, and is vold.-STATE Rev. St. U. S. § 5151, making the stockholders of na. v. WALKER, La., 29 South. Rep. 973. tional banks individually responsible for tbe debts of

12. CONTRA OTS-Contract Partly Performed-Waiver, the bank, to the extent of their stock, an assignee for

of Further Performance.-An action of covenant on a the benefit of creditors of a stockholder is bound to

contract to recover the price of articles delivered un. pay the assessment levied by the receiver of the bank

der it may be brought, although there has not b after its insolvency, though it is levied after the as.

full performance, where that which has been del sigment.-GRAHAM V. PLATT, Colo., 65 Pac. Rep. 30.

ered has been accepted in part performance, and 5. ASSIGNMENTS FOR BENEFIT OF CREDITORS – Omis

further performance has been walved.- DISTRICT OF

COLUMBIA V. CAMDEN IRON WORKS, U. S. S. C., 21 Sup. giong in Deed-Misstatements.-Where defendants exaggerated and willfully misstated the value of their

Ct. Rep. 680. property, but there was no evidence that in the execu 13. CONTRACT-Written-Parol Evidence.--Held, that tion of the assignment for creditors in question there a prior or contemporaneous oral agreement, made by was apy fraud on account of these misstatements, nor a mortgagee or his agent, that upon payment of two anything in the conduct of the defendants to show I notes the mortgage would be released, is not admis. fraud, there was no error in refusing to submit the sible in evidence when the mortgage provided absoquestion of fraud to the jury.-FRIEDENWALD CO. V. lutely that it should be security for four notes.- FIRST SPARGER, N. Car., 39 S. E. Rep. 64.

NAT. BANK OF LANGDON V. PRIOR, N. Dak., 86 N. W.

Rep. 362. 6. BILLS AND NOTES-Payment-Pledge.- A pledgee

14. CONTRIBUTORY NEGLIGENCE-Railroad Injury.of a negotiable promissory note, who has received the

Where plaintiff's intestate seated himselt on the end proceeds of a collateral note and applied the same

of a railroad tle while acting as flagman, and, while upon the debt secured by such collateral note, in

asleep thereon, was struck by defendant's engine, the ignorance ot'the fact that the sum so received and ap

whistle of which had been sounded and the bell rung plied was the proceeds of such note, and has not al.

when the engineer discovered the deceased, and the tered bis position by reason of such ignorance, can.

brakes applied when it was seen the deceased did not not thereafter enforce the payment of such collateral

move out of danger, a nonsult was properly granted, note.-SECOND NAT. BANK OF WINONA, MINN., v.

as deceased was guilty of contributory negligence. SPOTTSWOOD, N. Dak., 86 N. W. Rep. 359.

STEWART V. SOUTHERN RY. CO., N. Car., 39 8. E. Rep. 7. BOUNDARIES – Survey of Lands - Division of Quarter Section,-Where plaintiff owns the east hall 15. COUNTIES-Support of Sick Person-Allowancesof a quarter section, and the defendants own the wes Discretion.-Mills' Ann. St. $ 3891, provides that when halt, the division line between their lands is equidis. any person not a pauper shall fall sick, and be unable tant from the east and west boundary lines of t to pay his board or medical attendance, the county quarter section, though such quarter section be frac. commissioners shall give such assistance as they may tional by reason of the north boundary line thereof deem necessary, and may make such allowance there.

60.

for as they may deem just. Plaintiff furnished such recovery, but that the jury must be satisfied, by a fair attendance to a person, and the board made him an preponderance of the evidence, that the services, it allowance, whereupon he brought an action for a any, were performed by claimant in the expectation larger amount. Held that, in the absence of a show. that they would be paid for, and that deceased re. ing that the board had a bused its discretion in making ceived the benefit thereof expecting to pay for them. the allowance, plaintiff could not recover.-BOARD OF Held, that such instruction was correct.-HOOKER V. COMRS. OF RIO GRANDE CO. V. LEWIS, Colo., 65 Pac. VAN SLAMBROOK, Mich., 86 N. W. Rep. 402. Rep. 50.

24. EXECUTORS AND ADMINISTRATORS-Interest on 16. COUNTIES-Warrant - Acceptance - Estoppel. Fundg-Final Discharge-Fraud.-A court of equity Where a county, on issuing a warrant for a claim al

will not set aside a final decree discharging an adlowed in part, customarily indorsed it on the back as ministrator for failure to account for interest on funds in full satisfaction of the claim presented, and the belonging to the estate, and used by him in his own board reduced plaintiff's claim, and issued the cug. business, without disclosing such use in his fipal retomary warrant for a part of it, and plaintiff accepted port, when such report indicates accurately a large it with knowledge of the custom and without protest, balance constantly in his hands, and, notwithstand. he was estopped from suing for the balance.-BOARD ing this, those interested in the estate consent to his OF COMRS. OF LA PLATA CO, V. MORGAN, Colo., 65 Pac. discharge without investigation.-TOCKER V. STEWART, Rep. 41.

Iowa, 86 N. W. Rep. 371. 17. CREDITORS' BILLS - Fraudulent Preferences by 23. FEDERAL JURISDICTION-Federal Question-Other Insolvent Corporation-Right of Creditors to Share Grounds Broad Enough to Support Judgment.-A Pro Rata.-Preferences by confessed judgments and

decision by a state court that a corporation is estopped assignments, which are constructively, but not actu. to set up the invalidity of a statute, even if it is ancon. ally, fraudulent against other creditors of an insolv. stitutional, by the action of its board of directors, can. ent corporation, though set aside in a suit by the not be reviewed on writ of error from the Supreme other creditors, will not preclude those who have Court of the United States to the state court, since the taken the ipvalid preferences from sharing with the

non-federal ground is broad enough to support the unsecured creditors pro rata.-UNITED STATES RUBBPR judgment.-HALE V. LEWIS, U.S. S. C., 21 Sup. Ct. CO. V. AMERICAN OAK LEATHER Co., U.S.S.C., 21 Sup. Rep. 677. Ct. Rep. 670.

26. GARNISHMENT-Liability of Corporation-Fraudu. 18. CRIMINAL LAW - Attempt to Assist Prisoner-In. lent Conveyance.-Where a debtor is one of the or formation.-A conviction for conveying into jail instru ganizors of a corporation, and transfers his stock of ments useful to enable a prisoner to escape, as pro. goods to the corporation in exchange for its stock, bis hibited by Comp. Laws 1897, $ 11,315, cannot be sug.

creditors cannot attach the corporation as garnishee, tained on evidence that saws and files concealed in on the gronnds that the transfer of the property by articles sought to be delivered to prisoners were the debtor and the receipt of the goods by the corpo. brought into the sheriff's office in the jail building, ration were fraudulent as to creditore, since the propbut were discovered by him, and not delivered to the erty, in its new form (the stock), is still subject to prisoners.-PEOPLE V. WEBB, Mich., 86 N. W. Rep. 406. |

levy and sale to satisfy the debt owing the creditors.19. CRIMINAL TRIAL-Juries - Exclusion on Account

PLAUT V. BILLINGS-DREW Co., Mich., 86 N. W. Rep. 398. of Race or Color.-Refusal to quash an indictment, or 27. HIGHWAYS-Land Companies-Irrevocable Dedi. to sustain a challenge to the array of grand and petit cation of Streetg.-Where an improvement company jurors, because no member of the race to which de laid off land into numbered city lots and streets, mak. fendunt belonged was on the grand jury which found ing a plat thereof, and sold lots as marked and num the bill of indictment, is not error, no discrimination bered on the plat, with reference thereto in the deeds. against defendant's race being shown.-STATE v. such acts constituted an irrevocable dedication of the BROWNFIELD, S. Car., 39 S. E. Rep. 3.

streets in favor of purchasers of the lots against the 20. CRIMINAL TRIAL-Murder-Verdict.-On a trial improvement company's successorg in interest, who tor murder, all 12 of tbe jurors must concur to find had notice of the plats and sales made thereunder, verdict for manslaughter. Nine jurors concurrin though no registration of the plat was made.-COLLINS cannot find a verdict.-STATE V. BIAGAS, La., 29 South.

V. ASHEVILLE LAND CO., N. Car., 39 S. E. Rep. 21. Rep. 971.

28. LANDLORD AND TENANT – Farm Lease-Re-entry 21. CRIMINAL TRIAL – Remarks of Counsel.- Where by Landlord-Lessee's Right to Crops.-Under a lease the accused in a criminal trial considers that the con. of farm land for the sole purpose of raising crops, the duct or language of the prosecuting officer is im. land bad po building, was inclosed by fences, and was proper, he should invoke the action of the trial Judge. occupied by the lessee to put in the crops. The lease Failing to do so, he will not be heard to complain in contained no express covenants as to husbandry. The this court.-STATE V. PROCELLA, La., 29.South. Rep.

lessor claimed to have repaired the fences, and tor. 967.

bade the lessee to take off the crops. The lessee har 22. EXECUTORS AND ADMINISTRATORS - Claim-Res

vested the crops, and the lessor replevied them. Held, Judicata.-Wbere, on the motion of an executrix to

that the repairing of the fences by the landlord did “disallow, dismiss, and quash" a claim filed against

not justify the conclusion that he had taken posses. the estate, and all proceedings with reference to its

sion.-SOMERS V. LOOSE, Mich., 86 N. W. Rep. 386. presentment, it was adjudged that all proceedings

29. LANDLORD AND TENANT-Summary Remedy of "be, and the same are hereby, quashed and held for Forcible Entry and Detainer.-The fact that plaintiff naught," such judgment will be considered as ren. received rent in advance from a prospective tenant dered on a point involving the procedure, since it does does not affect her right to possession of the premises not appear on what ground the judgment was ren. as against the present tenant, who refused to vacate dered, and hence it is not res judicata, so as to bar an. after the expiration of his term on notice to quit.other action on the same claim.--PRUITT V, MULDRICK, TWI88 V. BOEHMER, Oreg., 65 Pac. Rep. 18. Oreg., 65 Pac. Rep. 20.

30. LIBEL AND SLANDER - Damages.-In fixing dam23. EXECUTORS AND ADMINISTRATORS-Claims-Serv. ages to be awarded for slander, the court will take ices. -Clalmant brought an action against an estate to

into consideration the fact that the objectionable recover for services rendered deceased, with whom he words were uttered in the heat of passion by one who lived during certain years of his minority, and the for the time believed that he had a grievance, and court charged that it was not necessary to show that, that it was probably so understood by those who beard a given time before the rendition of the services, a him.-GERMANN V. CRESCIONI, La., 29 South. Rep. 968. contract was entered into on a particular day, on the 31. LIBEL AND SLANDER — Proof of Publication-Evi. one part, to perform services in order to authorize a dence.-Upon proof of the publication of the libel, the burden is upon the defendant to show that the same sary amount into the clerk's office, a llenholder pur. was published upon grounds for beliet of its truth, chasing certificates of sale acquires none of the rights and for good motives to justify the game, which pre of a redemptioner, but holds subject to redemption, sents a question of fact for the jury, rather than for unaffected by any other incumbrances he inay have. the court.-STATE V. SHIPPMAN, Minn., 86 N. W. Rep. -JACK V. COLD, Iowa, 86 N. W. Rep. 374. 131.

39. MORTGAGES – Foreclosure – Redemption.-Pub. 32. LIMITATIONS-Action on County Recorder's Bond. Acts 1899, Act No. 200, authorizing a redemption from -Code Civ. Proc. $ 338, subd. i, prescribing a three. & mortgage foreclosure sale of real estate within six years limitation to action "on liability created by stat. months, does not authorize the redemption of mortute," and not section 337, prescribing a four-years lim gage property sold under a decree rendered prior to Itation to action on a written undertaking, applies to the time the act went into effect.-MICHIGAN TRUST an action on a county recorder's official bond because Co, V. LIBBY, Mich., 86 N. W. Rep. 394. of bis failure to collect and turn over legal fees.

40. MUNICIPAL CORPORATIONS-Defective sidewalkSONOMA COUNTY V. HALL, Cal., 65 Pac. Rep. 12.

Notice to Municipality.-The provision of the statuto 33. MASTER AND SERVANT-Injury to Railroad Em requiring potice of an injury caused by a defective vil. ployee-Negligence of Fellow-Servant.-The plaintiff, lage sidewalk to be served on the village within a cer. while at work clearing a wrecked train from the de tain time, may be waived by the town council.-F08. fendant's railway tracks, was injured by the alleged TER V. VILLAGE OF BELLAIRE, Mich., 86 N. W. Rep. 383. negligence of his fellow servants, which caused the

41. MUNICIPAL CORPORATIONS - Injury on Streets roof of a disabled car to fall upon him. Held that,

Detective Sidewalk-Notice to City. - Rev. Charter upon the evidence in this case, it was a question for

Grand Rapids, tit. 4, § 8, which is not retroactive, and the jury whether or not the work was being executed

which requires notice of an injury arising from a de. under guch conditions and circumstances as to expose

fective sidewalk to be presented to the common coun: the plaintiff to the peculiar hazards of railroad sery.

cil within sixty days, and requires suit to be brought ice, within the meaning of Gen. St. 1894, $ 2701, making

within one year after the council bas had reasonable railway companies liable to an injured employee for

time to investigate the claim, does not apply to a the negligence of his fellow.servant.-KRUEZER V.

claim for injuries received before the charter went GREAT NORTHERN RY. CO., Minn., 86 N. W. Rep. 413.

into effect.-BROFFEE V. CITY OF GRAND RAPIDS, Mich., 34. MASTER AND SERVANT – Railroads-Assumption 86 N. W. Rep. 401. of Risk-Doctrine Inapplicable.- Priv. Laws 1897, ch. 42. MUNICIPAL CORPORATIONS-Railway Franchise56, $$ 1, 2, provide that any employee of a railroad

Acceptance-Liquidated Damages-Deposits.-A street company, who shall suffer injury, or the personal rep.

railway franchise provided that it should be void unresentative of any sueh employee who shall have gut.

less accepted within ten days unless the grantee tered death, in the course of his employment, by any

should deposit with the clerk of the village within 30 defect in the machinery, ways, or appliances of the days after acceptance a certified check for $2,000, re. company, shall be entitled to maintain an action turnable on completion of the railway within the time against such company. Held, that the doctrine of as. provided, and in case of a default to be forfeited to the sumption of risk was rendered inapplicable by the village. The ordinance required construction and statute in the case of an engineer injured through the

equipment on or before November 10, 1897; otherwise company's failure to affix handbolds to the tender, of

the ordinance was to be void, at the option of the vil. which defect the engineer was aware.-COLEY v. lage board. Plaintiff's assignor sought and obtained NORTH CAROLINA R. CO., N. Car., 39 S. E. Rep. 43.

a franchise under the ordinance, and complied with 35. MASTER AND SERVANT - Risk - Vice-Principal the terms thereof by depositing the $2,000 check, but Negligence-Evidence.-Plaintiff and three other em. never entered on the construction of the ruad. Held, ployees of the defendant railway company were in

that the village was entitled to retain the amount de. charge of W, and plaintiff was injured while the gang posited as liquidated damages.-WHITING V, VILLAGE were attempting to load a heavy timber on a car un. OF NEW BALTIMORE, Mich., 86 N. W. Rep. 403. der W's orderg. Held that, in the absence of evidence 43. NUISANCE-Per Se-Abatement.-A privy is not a that w bad authority to discharge plaintiff, the de. nuisance per se, but may become so under some cir. tendant was not liable for the negligence of W as a cumstances. The question whether it is a nuisance is Vice-principal.-BRYAN V. SOUTHERN RY. CO., N. Car., a question of fact.--TEINEN V. LALLY, N. Dak., 86 N. W. 38 S. E. Rep. 914.

Rep. 356. 36. MECHANICS' LIENS - Assignment - Complaint. 44. PARTITION-Commissionerg-Powers -Unauthor. In an action to foreclose mechanics' liens on several ized Sale.-Where & decree of sale for partition was agsigned claims, an allegation that the claims and de. made, and four commissioners appointt d to make the mands of the persons entitled to perfect liens had gale, but no further action was ever taken by the been assigned to plaintiff constituted a sufficient aver. court, a deed by one of the commissioners never re. inept of the assignment, without alleging in terms an ported to or confirmed by the court, conveyed no title. assignment of the right to file liens for the several de. -VANDERBILT V. BROWN, N. Car., 39 S. E. Rep. 36. mands, since the assignment of the claim carried with 45. PARTNERSHIP-Partners-Open Account -- Interit the right to the lien.-EAGLE GOLDMIN. CO. V.

est.-Charges of interest on balance of account be. BRYARLY, Colo., 65 Pac. Rep. 52.

tween partners or joint debtors are not allowable in 37. MINING CLAIM - Ejectment - Relocation in Pur.

the case of a continuous open account without any set. suance of Conspiracy.-An action of ejectment to re

tlement or balance being ascertained.- MCFARLAND V. cover mining property cannot be maintained on the

MCCORMICK, Iowa, 86 N. W. Rep. 368. ground that defendants have acquired it by a reloca. 46. PLEADING AND PRACTICE-Jury-Verdict.-A find. tion in pursuance of a conspiracy with plaintiff's part. ing by a jury expressed in the words, “We, the jury, ner, whereby that partner, who was not one of the re. find for the plaintiff nominal damages," without nam. locators, ceased to do the necessary work on the mine ing any amount, is not a lawful verdict.-SELLERS V. and abandoned its possession, since these facts, what MANN, Ga., 39 S. E. Rep. 11. ever equities they may raise as against the defend. 47. PLEADING AND PRACTICE-Justices of the Peace-anta, give plaintiff no legal title to the mine or any Service of Simmons-Sumciency.-A summons aud part thereof.-LOCKHART V. JOHNSON, U. 8. S.C., 21

warrant of attachment were sued out and igsued by a Sop. Ct. Rep. 665.

justice of the peace December 6, 1898. The summons 38. MORTGAGE - Foreclosure – Purchase by Junior was returnable December 10, 1898, and the warrant Lieaor-Redemption.-Under Code, $ 4056, providing January 4, 1899. On the return day of the summons the tbat the mode of redemption by a lienholder from a sheriff returned it with the indorsement "Not found." mortgage foreclosure shall be by paying the neceg. I No alias summons were sued out, por order made for service by publication. The publication of the war. structed, and is legally operating, a line of railway in rant was made for four weeks, as required by Code, s the streets of a city, is possessed of such & property 350. On the return day of the warrant the justice tried interest as gives it a legal right to malotain an appli. the action, the defendant not appearing, and rendered cation to restrain a similar company from interfering judgment for plaintiff. Held, that the judgment was with its line of tracks already laid, and from convoid, the service of summons not being sufficient, un. structing a line of road over its private property with der sections 214, 217-219, directing that service of sum. out authority of law. To such an application the city mops shall be made by delivering a copy thereof, or by is not a necessary party defendant.-ATLANTA RY. & publication, when the person on whom service is to be POWER CO. V. ATLANTA RAPID-TRANSIT Co., Ga., 39 $. made cannot be found within the state; nor was it E. Rep. 12. rendered sufficient by publication of the warrant of at 56. TAXATION-Assessment - Foreign Corporationstachment.-DITMORE V. GOINS, N. Car., 39 S. E. Rep.

Steamboat Lines.- Where a tax is laid on the capital 61.

stock of a non-resident steamboat corporation oper. 48. PLEADING AND PRACTICE-Misconduct of Jurors. ating within a state, such proportion of the whole -In a personal injury action two jurors, without the value of Its capital stock as the value of its tangible knowledge of the court, visited a railroad yard and ex property within the state bears to the value of all its amined a car and track not involved in the accident, tangible property can be taxed as capital stock within for the purpose of testing the credibility of a witness. the state.-COMMISSIONERS OF BEAUFORT CO. V. OLD Held, that under the circumstances the trial court was DOMINION S. S. Co., N. Car., 39 S. E. Rep. 18. justified in granting a new trial on the ground of mig.

57. TAXATION-Exemption.- Where a ditch company conduct of the jurors.-PIERCE V. BRENNAN, Minn., 86

made deeds vesting in consumers the right to the per N. W. Rep. 417.

petual use of a certain quantity of water, the whole 49. PRINCIPAL AND AGENT – Estoppel to Deny.

system to be turned over to the holders of the water Where a party purchases a promissory note, and per. rights when the practical carrying capacity of the mits the payee thereof to collect all interest, as well as

ditch should be disposed of, but the title was retained, the principal, and fails to notify the maker of such

and the company had not sold all its water rigbts, the note of his ownership, he is estopped from denying ditch was not exempt from taxation. Under Const. agency after the note has been fully paid.-MORGAN V. art. 10, $ 3, and Mills' Apn. St. $$ 2397, 3766, exempting NEAL, Idaho, 65 Pac. Rep. 67.

ditches, canals, etc., from taxation when owned and 50. RAILROAD8-Lease-Liability of Lessor for Les

used by individuals or corporations, so long as they see's Negligence. - A railroad leasing its road to

shall be owned and used exclusively for irrigating another company is liable for injuries caused by the

purposes, but not where the water is sold for the purlessee's negligence in the operation of the road, in the

pose of deriving revenue.-MURRAY V. BOARD OF absence of any evidence showing a release from such

COMRS. OF MONTROSE Co., Colo., 65 Pac. Rep. 26. liability.-PERRY V. WESTERN NORTH CAROLINA R. CO., 58. TAXATION-Foreign Bank Balance.- Where there N. Car., 39 S. E. Rep. 27.

was a balance to the credit of a California corporation 51. REAL PROPERTY- Boundaries- Property Included.

in a New York bank, such balance due was properly -A devise giving "all the lands included under the

taxed to the corporation in California.-PACIFIC name of the Arnold, the Geer and the Jones lands, all

COAST SAV. Soc. V. CITY AND COUNTY OF SAN FRAN. east of the R · · · road," passes no part of the

CISCO, Cal., 65 Pac. Rep. 16. Arnold land west of said road.-PEEBLES V. GRAHAM, 59. TAXATION-Tax Sale-Purchaser-Tax Certificate N. Car., 39 S. E. Rep. 24.

-Assignment.-Mills' Ann. St. $ 3888, provides that any 52. SALES-Conditional - Machinery - l'ersonal or person may deposit the amount due on a tax cer. Real Property.- Where machines sold by plaintiffs

tificate, where the property has been bid in by the under a written contract that, until paid for, the title

treasurer for the county, within a certain time, whereshould remain in the vendor, were placed by the ven.

upon the certificate shall be assigned to such person. dee in a building which he had purchased of defend

Section 3898 provides that such certificate shall be as. ant under a contract that, in event of failure to pay

signable by Indorsement. Held, that an assignment the purchase price, defendant was entitled to a sur.

of a certificate to property bid in by the treasurer by render of the property, with all improvements, but

writing on the back and attaching a formal assigowere not attached to such buildings, such machines

ment under seal to the face thereof was suficient.did not become a part of the realty.-HARRIS V. HACK

BOARD OF OOMBS, OF RIO GRANDE CO. V. WHELEN, LEY, Mich., 86 N. W. Rep. 389.

Colo., 65 Pac. Rep. 38. 53. SCHOOL DISTRICT8-Directors -- Right to Office

60. TRUST DEED - Payment by Trustee - Interest.

Where the president of a corporation hold pro Mandamus.-Plaintiff alleged that at a regular school election he received a majority of the votes for di.

in trust as security for the payment of its indebtedrector. The defendants, members of the school

negs to him, with the right to apply the rents and board, refused him a certificate of election, or to rec.

profits on such indebtedness, he was entitled to inter ognize him as a member of the board. They claimed

est thereon up to the time that the funds in his hands the office vacant, and had called another election to were sufficient to meet his claims.-WILLIAMS V. DES till the vacancy. Held, that the complaint did not MOINES LOAN & TRUST CO., Iowa, 86 N. W. Rep. 366. state & cause of action against the school district, 61. VENDOR AND PORCHASER - Mistake in Convey. since the district was not responsible for and could ance.- Where a purchaser of land at a foreclosure not control any of the wrongful acts complained of. sale is in possession at the time a third party acquires SCHOOL Dist. No. 15, IN PHILLIPS CO. V. FLANIGAN, a warranty deed thereto from an adverse claimant, Colo., 65 Pac. Rep. 24.

guch grantee cannot claim title as an innocent pur. 54. SCHOOL DISTRICT8-Orders-Guaranty of School

chaser.-BANKS V. ALLEN, Mich., 86 N. W. Rep. 383. Oficers.-Where an order purports upon its face to be 62. WATERS AND WATER COURSES-Irrigation-Ap. issued by a school district, and is signed by the school propriation of Water.-An appropriator of water is officers, in the ordinary place for signatures, and at not confined to an appropriation simply for the the left, in fine print, are the words, “Issued by au. amount of land irrigated during the first year of bis thority of officers of sald district, and payment guar. diversion. The extent of an appropriation of water is antied," and a space left underneath for the signatures

determined by the reasonable necessity for the use of of the guarantors, held, that the purchaser took the

the water, by the intention of the appropriator, folorder subject to the authority of the school district to

lowed by a reasonable diligence in executing such in. issue.-BAILEY V. TOMPKINS, Mich., 86 N. W. Rep. 400.

tent, and by the beneficial purpose for which the ap55. STREET RAILROADS – Interference with Tracks propriation is made.- ELLIOTT V. WHITMORE, Utah, 65 Injunction.-A street railway company which has con llac. Rep. (0.

« ПредишнаНапред »