Графични страници
PDF файл

question of the validity thereof, held not to estop them from pleading non est factum to defeat liability.REPASS V. RICHMOND, Va., 39 S. E. Rep. 160.

83. EVIDENCE. -For breach of warranty against breaking, it was error to admit evidence that machine did not work properly.-DOWAGIAC MFG.CO. V. COR. BIT, Mich., 86 N. W. Rep. 954.

81. EVIDENCE-Bonds-Other Deputies.-Evidence is pot admissible, in an action on a bond of a deputy treasurer, as to bonds given by other deputies.-REPASS V. RICHMOND, Va., 39 S. E. Rep. 160.

85. EFIDENCE-Burden of Proof-Interveners.-Fil. ing plea by interveners denying plaintiff's allegations held not to relleve plaintiff of the burden of establishing his right to recover.-EASTMORE V. BUNKLEY, Ga., 39 S. E. Rep. 105.

86. EVIDENCE-Corroboration-Witnesses.-Evidence of statements made by a surety on a bond prior to the institution of suit thereon held not admissible to cor. roborate his testimony.-REPASS V. RICHMOND, Va., 39 8. E. Rep. 160.

87. EVIDENCE-Fragments of Deedg.- Fragments of a deed held admissible, in connection with parol proot that missing portion could not be found.-ANNISTON CITY LAND CO. V. EDMONDSON, Ala., 30 South. Rep. 61.

88. EVIDENCE – Interrogatories - Former Trial.Where plaintiff dismisses action and brings another, answers to the interrogatories returned while tirst ac. tion is pending held admissible on trial of second action.-RADFORD V. GEORGIA & A. R. Co., Ga., 39 S. E. Rep. 108.

89. EVIDENCE-Lost Deed.-Record of a deed held in. admissible until proof that the original is not in pos. session or under control.-AMERICAN MORTG. Co. v. MOUSE RIVER LIVE-STOCK Co., N. D., 86 N. W. Rep. 965.

90. EVIDENCE-Res Gestæ-Correspondence.-Corre. spondence between the parties to a contract after its execution is not admiesible in an action thereon as a part of the res geste.-SOUTHERN RY.CO. V. WILCOX, Va., 39 S. E. Rep. 144.

91. EVIDENCE-Stipulation in Court.-A stipulation of counsel, made in open court and taken down by the stenographer at a former trial, is admissible in evi. dence on a new trial of the same cause.-GALLAGHER V. MCBRIDE, N.J., Atl. Rep. 582.

32. EXECUTION-Edjoining-Sale by Vendee.-A bill by vendee to enjoin a sale of goods under execution against the seller, which does i ot show sale was prior to defendant's judgment is not sufficient.-WENZEL V. MILBURY, Md., 49 Atl. Rep. 618.

98. EXECUTION-Payment to Sheriff.-Payment to sheriff on levy on account after fraudulent assign. ment of the account, held a discharge of the debt.FABER V. WAGNER, N. Dak., 86 N. W. Rep. 963.

94. EXECUTORS AND ADMINISTRATORS-Care of Testa. trix-Recompense.-Where complainants supported testatrix for years on her fraudulent pretense of des. titution, they were entitled to be recompensed.ANDERSON V. EGGERS, N. J., 49 Atl. Rep. 578.

95. EXECUTORS AND ADMINISTRATORS-DistributionEnforcement.-Where title to devises did not pass to beneficiaries until executor had assented thereto, they should not recover property from him without alleging assent or refusal to assent.-LESTER V. STE. PHENS, Ga., 39 8. E. Rep. 109.

96. EXECUTORS AND ADMINISTRATORS — Sale - Pur. nhaan by Administrator statuta danlaringar.


98. FACTORS-Lien-Possession.-Factor's llen, given by Rev. Codes, $ 4836, held dependent on possession of the property.-ROSENBAUM V. HAYES, N. Dak., 86 N. W. Rep. 973.

99. FACTORS-Receipt of Good-Sunday.-The fact that a factor acquired possossion of sheep on Sunday will not defeat his possession or lien.-ROSENBAUM V. HAYES, N. Dak., 86 N. W. Rep. 973.

100. FEDRAL COURTS - Jurisdiction - Objection.-A federal court cannot entertain a purely equitable defense in an action in ejectment, and the matter be. Ing jurisdictional, the court is bound to take notice of it.-MULQUEEN V. SCHLICHTER JUTE CORDAGE Co., U.S.O.O., E. D. (Pa.). 109 Fed. Rep. 931.

101. FEDERAL COURTS — Pleading - Amendment,A federal court will permit an amendment of a com. plainant in an action at law before answer, introduc. ing an additional cause of action.-OLIVER V. RAY. MOND, U. 8.0.0., E, D. (W18.), 108 Fed Rep. 927.

102. FIRE INSURANCE- Forfeiture-Misstatements.Where owner of life estate insured the premises and stated that she was the owner thereof, held not to render the policy void.-CONVIS v. CITIZENS' MUT. FIRE INS. CO.. Mich., 86 N. W. Rep. 994.

103. FIRE INSURANCE-Waiver.-Written assent to a sale of the property is waived by company subsequently recognizing the policy in force.-STUART V. RELIANCE INS. Co., Mass., 60 N. E. Rep. 929.

104. FRAUDS, STATUTE OF-Agreement to Reconvey.A parol agreement to reconvey real estate held within the statute of frauds, and not to create an express trust in favor of the graptor.- VEEDER V. MCKINLEYLANNING LOAN & TRUST Co., Neb., 86 N. W. Rep. 982.

105. FRAUDULENT CONVEYANCE-Account-Tranfer.Transfer of thresbing account and statutory lien, while good between the parties, held void as to execution creditors of assignor.-FABER V. WAGNER, N. Dak., 86 N. W. Rep. 963.

106. FRAUDULENT CONVEYANCE - Declarations of Grantor.-Declarations of the grantor after the con. veyance, in the absence of the grantee, held properly excluded.- SKELLEY V. VAIL, Ind., 60 N. E. Rep. 961.

107. FRAUDULENT CONVEYANCE8-Intent.-Intent to defraud creditors must appear on face of deed, that court may declare it fraudulent per se.-BALLARD V. CHEWNING, W. Va., 39 S. E. Rep. 170.

108. GIFT8-Declaration of Husband.-Declarations of husband while free from debt held admissible to prove gift to the wife.-FIRST NAT. BANK V. HOLLAND, Va., 39 S. E. Rep. 126.

109. GIFT8-Husband to Wife - Dividend.-Gift by husband to wife of stock held not affected by the fact that be continued to draw the dividends.-FIRST NAT. BANK V. HOLLAND, Va., 39 S. E. Rep. 126.

110. GUARDIAN AND WARD – Personal Liability. Where a guardian gave a personal order for goods expecting to pay for them as guardian, such fact did not relieve him of personal liability.-GALLAGHER V. MC. BRIDE, N. J., 49 Atl. Rep. 582.

111. HEALTH.-Although abatement of nuisance by board of health may affect a suit pending, no ground for interference with the board of health.--STONE V. HEATH, Mags., 60 N. E. Rep.975.

112. HIGHWAYS-Open to travel-Evidence.- Wagong passing over a high---

without consideration, the presumption is that the parties intended the conveyance as a gift.-VEEDER V. MCKINLEY-LANNING LOAN & TRUST Co., Nob., 86 N. W. Rep. 982.

115. HUSBAND AND WIFE-Deed to Husband.-Where a deed to a married woman and her husband recited that she was a tenant in common with the grantors, no title vested in the husband.-SHARITZ V. MOYERS, Va., 39 S. E. Rep. 166.

116. INJUNCTION - Interlocutury Decree — Appeal.Under section 7 of Act March 3, 1891, an appeal does not lie from an interlocutory decree denying an injunction, – WESTERN ELECTRIC CO. V. WILLIAMS-ABBOTT ELECTRIC Co., U. S. C. C. of App., Sixth Circuit, 108 Fed. Rep. 962.

117. INJUNCTION – Nuisance - Removal.-Failure to object to the construction of a nuisance held not to estop a party injured thereby from maintaining injunction to compel its removal.- TOWNSEND V. EP. STEIN., Md., 49 Atl. Rep. 629.

118. INJUNCTION-Motion to Dissolve.- Where a mo. tion to dissolve an injunction is beard on a bill and answer, and the latter denies all the facts stated in the bill, the injunction will be dissolved.--WENZEL V. MILBURY, Md., 49 Atl. Rep. 618.

119. INSURANCE — Change of Beneficiary.- Assignment of a life policy by insured with consent of in. surer held a sufficient change of beneficiary.-ATLAN. TIC MUT. LIFE INS. Co. v. GANNON, Mass., 60 N. E. Rep. 933.

120. INTOXICATING LIQUORS-Hotel-Keeping Bar.A hotel keeper who keeps a bar in a room which can. not be seen from the street, is guilty of a misde. meanor.-PEOPLE V. WHITE, Mich., 86 N. W. Rep. 902.

121. JUDGES – Disqualification - Relationsbip. - À judge held not disqualified because related within the sixth degree.-EX PARTE KREBS, S. Car., 39 S. E. Rep. 181.

122. JUDGES-Special-Quo Warranto.-Under Ann. Code 1892, $ 922, a special judge bas no jurisdiction of a quo warranto proceeding in vacation.-KELLY y. STATE, Miss., 30 South. Rep. 49.

123. JUDGMENT-Limitations.-Four years' possession of land, which will devest lien of judgment under Civ. Code, $ 5355, must be during a time when judg. ment could be lawfully enforced.-DOZIER V. MC. WHORTER, Ga., 39 S. E. Rep. 106.

124. JUDGMENT-Parties not of Record-Conclusive. ness. - One who promotes and controls an action through counsel is concluded by the judgment al. though not a party to the record.-HAUKE V. COOPER, U.S.C. C. of App., Fifth Circuit, 108 Fed. Rep. 922.

125. JUDGMENT-Res Judicata. - Judgment of gu. preme court affirming, because of equal division, judgment below, held res judicata. – MCALISTER V. HAMILTON, S. Car., 39 S. E. Rep. 182.

126. JURY.-Taking Case from Jury.-A defendant, who, by conceding a prayer, admits that the case was for the jury, cannot ask to withdraw the case from the Jury.-PHILADELPHIA & B. C. R. Co, v. HOLDEN, Md., 49 Atl. Rep. 625.

127. LIS PENDENS-Substitution.-Purchaser pendente lite is entitled, on becoming a party to the action, to be substituted to his grantor's position.-SHARITZ V. MOYERS, Va., 39 S. E. Rep. 166.

128. MANDAMU8-Connecting Error of Trial Court.Mandanus will not lie to compel the correction of an error made by a court in construing the opinion of an appellate court.-JAMES V. CENTRAL TRUST Co., U.S. C.C. of App., Fourth Circult, 108 Fed. Rep. 929.

129. MASTER AND SERVANT - Employer's Liability Act.-Railroad corporation held responsible for inju. ries to employees through negligence of locomotive engineers the same as to strangers.-INDIANAPOLIS UNION Rr. Co. V. HOULIHAN, Ind., 60 N. E. Rep. 943.

130. MASTBR AND SERVANT - Fellow.Servants. - A foreman of water supply running tree on an engine, between stations, 18 a lellow.servant of the engineer, and cannot recover from the ralload company for an Injury caused by the negligence of such engineer.LOUISVILLE & N. R. CO. V. STOBER, U.S.C.C. of App., Sixth Circuit, 108 Fed. Rep. 934.

131. MECHANICS' LIENS - Other Realty - Enforcing Lien.-In order that a contractor may enforce lien on other reality of the same owner which may be beneAted, he must clearly identify it by evidence.-EASTMORE V. BUNKLEY, Ga., 39 S. E. Rep. 105.

132. MILITIA - Mandamus - Military Board. - Man. damus will not lie to compel military board to pay for services at militia courts-martial.-SIMON V. MILITARY BOARD OF VIRGINIA, Va., 39 S. E. Rep. 125.

133. MUNICIPAL CORPORATIONS - Advertising CityCost.-Charter of city held not to authorize appointment of an officer to represent the city in a general way as a resort before the people at large.-POTTS Y. CITY OF CAPE MAY, N.J., 49 Atl. Rep. 584.

134. MUNICIPAL CORPORATIONS-City CouncilmanRecovery from City.-Laws prohibiting councilman from contracting with city do not prevent him from recovering for injuries from defective highway.-CITY OF DANVILLE V. ROBINSON, Va., 39 S. E. Rep. 122.

135. MUNICIPAL CORPORATIONS - Contracts-Award. ing.-In reviewing award of city contract, the court will only inquire into the good faith of the city.-RYAN V. CITY OF PATERSON, N. J., 49 Atl. Rep. 587.

RATIONS - Debt-Incurring Power. The purchase by a municipal corporation of

nd subject to mortgages in excess of its debt-incurring power will be enjoined.-BROWNE V. CITY OF BOSTON, Mass., 60 N. E. Rep. 934.

137. MUNICIPAL CORPORATIOES-Defective sidewalk. -One injured by defect in sidewalk held not charge. able with notice thereof because he is a councilman.CITY OF DANVILLE V. ROBINSON, Va., 39 8. E. Rep. 122.

138. MUNICIPAL CORPORATIONS-Extension of City.A notice for the propesed extension of a city held to have been sufficiently published under Burns, Rev. St. 1894, $ 3659.-CITY OF BLOOMINGTON V. DONN, Ind., 60 N. E. Rep. 958.

139. MUNICIPAL CORPORATIONS-Franchise-Forfeit. ure.- Where money is forfeited to a city for a failure to comply with a franchise, a dopation thereof to another company, completing the work of the first company, was unconstitutional.-ADAMS V. JACKSON ELEC. RY., LIGHT & POWER CO., Miss., 30 South. Rep. 58,

140. MUNICIPAL CORPORATION-Obstruction in Street. -Facts held to show that an ordinance authorizing the construction of a passageway over a street was void, because permitting the obstruction of the street for private use.-TOWNSEND V. EPSTEIN, Md., 49 Atl. Rep. 629.

141. MUNICIPAL CORPORATIONS-Paping Material.A city may select such quality ofmaterial for its pavements as, in the honest exercise of discretion, it may require.-RYAN V. CITY OF PATERSON, N. J., 49 Atl. Rep. 587.

142. MUTUAL BENEFIT SOCIETIES-Expense Fund-Diversion.-Appointment of a member, with right to par. ticipate in a special dividend, held not void as diverting the expense fund for private gain.-MULLER V. STATE LIFE INS. Co., Ind., 60 N. E. Rep. 985.

143. NATURAL GAS-Turning off Gas.-Act of turning ff a Valve belonging to a person furnishing gas to consumers without consent of the owner is unlawful. -STATE V. MOORE, Ind., 60 N. E. Rep. 955.

144. NEGLIGENCE - Children-Dangerous Condition of Premises.-Acquiescence in permitting children upon premises held not to render proprietor liable for injuries caused by dangerous condition thereof.FORMALL V. STANDARD.OIL CO., Mich., 86 N. W. Rep. 946.

145. NEGLIGENCE-Look and Listen.-Wbere the view of a traveler on approaching a crossing is obstructed, he is negligent in going on the track without stopping looking, and listening.- PHILADELPHIA & B. C. R. Co. V. HOLDEN, Md., 49 Atl. Rep. 625.

146. NEGLIGENCE-Look and Listen .- Failure of one riding in a closed carriage on a dark night to look and listen for an approaching electric car at a crossing held degligence.-WARREN V. BANGOR, O. &0. T. RY. Co., Me., 49 Atl. Rep. 609.

147. NEGLIGENCE-Proximate Cause.-Negligence in making an opening in the inclosure of a race track, held the proximate cause of an injury received from a runaway horse escoping through such opeping.WINDELER V. ROBH CO. FAIR A88N., Ind., 60 N. E. Rep. 954.

148. NEW TRIAL-Remarks of Counsel.- Where re. marks of counsel were barmless, the verdict will not be set aside therefor, though they were improper.CHRISTENSEN V. LAMBERT, N. J., 49 Atl. Rep. 577.

149. NOVATION-Acceptance of Collateral.- Where a bank, baving discounted notes for a receiver, ac. cepted his certificates as collateral, held, that the acceptance by the bank of such certificates was not a povation.-STATE BANK V. DOMESTIC SEWING MACH. Co., Va., 39 S. E. Rep. 141.

150. NUISANCE - Obstructing Light.-Passageway connecting buildings on opposite sides of the street, 80 as to shut out the light from adjacent premises, held a nuisance.-TOWNSEND V. EPSTEIN, Md., 49 Atl. Rep. 629.

151. OFFICERS-Compensation - Enlargement.-Act ot legislature, extending territory from which swamp lands might be s lected for services rendered, held pot invalid, as an enlargement of compensation, under Const. $21, art. 4.-OLDS V. COMR, OF STATE LAND OFFICE, Mich., 86 N. W. Rep. 956.

152. PARTITION-Distribution-In partition of land conveyed to a father for his wife's benefit, held, that the lands belonged to the father and should be parti. tioned among all his children.- KEISTER V. KEISTER, Va., 39 S. E. Rep. 164.

153. PATENTS - Iojunction-Dealing in Article.-A11censee under a patent cannot enjoin another, who is not a party to the contract, from dealing in the patented article, where the suit is not one for infringe. ment.-JOHNSON V. SEAMAN, U. S. C. 0. of App., Third Circuit, 108 Fed. Rep. 951.

154. PATENT8-Rehearing - New Evidence.-Rehear. ing granted, after interlocutory decree sustaining patent, to admit newly-discovered evidence.-JOHN R. WILLIAMS Co. v. MILLER, DURRUL & PETERS MFG. Co., U. 8. C.O., S. D. (N. J.), 108 Fed. Rep. 967.

165. PAUPER8-Evidence – Voting and Taxation.Voting and taxation held of much stronger proof to prevent gaining of pauper settlement than when of. fered to establish one.-INHABITANTS OF MONROE V. INHABITANTS OF HAMRDEN, Me., 49 Atl. Rep. 604.

156. PUBLIC LAND8-Survey - Conclusiveness.-The survey fixing line of Lake Erie between & tract of swampy land and the lake is conclusive that such land is not a part of the lake bed.-BROWN V. PARKER, Mich., 86 N. W. Rep. 889.

157. QUIETING TITLE – Peaceable Possession.-To maintain bill to quiet title, complainant's possession must be peaceable and under claim of ownership.BRAND V. UNITED STATES CAR Co., Ala., 30 South. Rep. 60.

158. QOIETING TITLE-Sufficient Possession.-Posses. sion, to authorize bill to quiet title, is sufficient when the land is put to such use as it is reasonably adapted to.-BRAND V. UNITED STATES CAR CO., Ala., 30 South. Rep. 60.

159. QUIBTING TITLE – Undue Influence.-Cross-bill alleging undue influence in obtaining deed to plaint. iff, in an action to quiet title, held to state a cause of action.-CURTIS V. BORNS, Ind., 60 N. E. Rep. 963.

160. QUO WARRANTO - "Public Omce."-The office of, assessor of the city of Vicksburg is a "public offee," so that a quo warranto proceeding to try the right to such office may be tried in vacation.-KELLY V. STATE, Miss., 30 South. Rep. 49.

161. QUO WARRANTO – Title to office.- Quo warranto granted where relator claims title to office, which will not expire for more than four years, and no incon. venience to the public can result.-WATKINS v. VENABLE, Va., 39 8. E. Rep. 147.

162. Quo WARRANTO-Usurper in Omice.-Code, cb. 145, does not make a writ of quo roarranto applicable only where the incumbent is a mere usurper without color of title.-WATKINS V. VENABLE, Va., 39 S. E. Rep. 147.

163. RAILROADS -Equipment Notes-Sale.-å seller of equipment taking notes and retaining title, till full payment on the foreclosure of mortgage is entitled to retake the property, or to a first lien thereon, where mortgagee elects to retain it.- METROPOLITAN TRUST Co. v. RAILROAD EQUIPMENT CO., U. S.C. C. of App., Sixth Circult, 108 Fud. Rep. 913

164. RAILROAD8-Fallure to Give Signal.-In an ac. tion for injuries received at a private crossing, failure to signal at a public crossing held not admissible ag reflecting on plaintiff's contributory negligence.PHILADELPHIA, ETC. R. CO. V. HOLDEN, Md., 49 Atl. Rep. 625.

165. REMOVAL OF CAUSES - Defendant's PrivilegeWalver.-The right of defendant to be sued only in the district where either he or the plaintiff resides is a per. sonal privilege, which he alone can assert, and which be waives by removal.-EMPIRE MIN. CO. V. PROPELLER TOW BOAT CO. OF SAVANNAH, U. S. O.O., D. (S. Car.), 108 Fed. Rep. 900.

166. REMOVAL OF CAUSES — Federal Question-Plead. ing.-To authorize the removal of a cause, on the ground that it involves a federal question, such fact must appear from the plaintiff's pleading; the want cannot be supplied by a statement in the petition for removal.-MAYO V. DOCKERY, U. 8. O.O., E. D. (N. Car.), 108 Fed. Rep. 897.

167. REMOVAL OF CAUSES–Suit Against United States Marshal.-A United States marshal, gued for trover in & state court by a cit'zen of the same state, for the seizure of property under process issued by a district court in a private suit, cannot bave the cause removed into the circuit court by certiorari.- MAYO V. DOCKERY, U.S. C. C., E. D. (N. Car.), 108 Fed. Rep. 897.

168. SALES — Breach of Contract - Evidence.-In an action for breach of contract to purchase plaintiff's machines to supply trade, evidence as to pumber of another make sold by defendants held properly excluded.-DOWAGIAC MFG. Co. v. CORBIT, Mich., 86 N. W. Rep. 954.

169. SALES - Iquipment Notes.-A contract under which equipment is delivered to a railroad company, which is to become the owner on payment of the last of a series of notes given the seller, although denom. inated a "lease," is in legal effect a sale.-METROPOL ITAN TRUST Co. v. RAILROAD EQUIPMENT CO., U. 8. C. C. of App., Sixth Circuit, 108 Fed. Rep. 913.

170. SALVAGE – Fraud of Master – Wrecker.-The fraudulent conduct of a master wrecker will not work a forfeiture of all right to compensation on the part of other employees.-THE GOV. AMES, U.S. C. o. of App., Filtb Circuit, 106 Fed. Rep. 969.

171. SCHOOLS AND SCHOOL DISTRICTS - Teacher-Con: tract.-A contract to teach, entered into between & school trustee and a teacher in good faith, held valid and binding.-RUMBLE V. BARKER, Iod., 60 N. E. Rep. 956.

172. SHIPPING - Breach of Charter Party.-Where breach of charter party of vessel did not take place in the state of Washington, and defending vessel was never within the jurisdiction of that state, no lien is

created by its lawg.-THE UNIVERSE, U. 8. D. O., D. tablish the facts.-VEEDER v. MCKINLEY LANNING (Oreg.), 108 Fed. Rep. 968.

LOAN & TRUST CO., Neb., 86 N. W. Rep. 982. 173. SHIPPING-Maritime Liens - State Authority.-A 189. TURNPIKES AND TOLL ROADS - Contract to Make state legislature has no authority to create maritime Bridge.- A railroad company, required to construct & lieng.-THE UNIVERSE, U. S. D.O., D. (Oreg ), 108 Fed. turnpike bridge over its right of way, held not reRep. 968.

quired to reconstruct bridge to enable the operation of 174. SHIPPING-Ten Days' Notice of Loss-Reason.! an electric railway thereon.-WEST SHORE R. CO. Y. able Regulation.-A provision of a bill of lading re. BERGEN TURNPIKE CO., N. J., 49 Atl. Rep. 578. quiring notice of any claim for loss or injury to the 190. USORY - Payment in Foreign State.-A stipulagoods to be given within 10 days after such loss or in.

tion in a loan contract that payment was to be made jury is known to the sbipper is reasonable and valid.

in a foreign state will not take the contract out of the -THE ARCTIC BIRD, U.S. D. C., N. D. (Cal.), 109 Fed.

operation of the laws of the state.-SHANNON V. Rep. 167.

GEORGIA STATE BLDG. & LOAN ASSN., Miss., 30 South. 175. STATES-Governor - Employment of Counsel. Rep. 51. The governor has no authority to employ counsel at

191. USURY- Renewal Note Excluding Usury.-The rethe expense of the state to assist in drafting laws.

newal by a new note of a usurious note, but exclud. CAHILL V. BOARD OF STATE AUDITORS, Mich., 86 N. W.

ing all the usury, renders the contract binding on the Rep. 950.

maker.- VERMEULE V. VERMEULE, Me., 19 Atl. Rep. 176. STATUTES- Joint Resolution.-A joint resolu. 608. tion held not invalid as attempting what could be ac

192. WILLS-Advancements.-The sum shown by a complished only by a bill.-OLDS V. C-MRS. OF STATE

testator's account with each one of his children held LAND OFFICE, Mich., 86 N. W. Rep. 956.

to be the amount to be charged against them as ad. 177. SUBROGATION-Paying Off Incumbrance.-Un. vancement.-BAKER V. SAFE-DEPOSIT & TRUST Co., derstanding that one paying off incumbrances shall Md., 49 Atl. Rep. 623. hold the land as collateral does not subrogate such 193. WILLS-Bequest by Interest in Estate.-A will person to the lien of the incumbraneers.-MCGOWAN

bequeathing testatrix's interest in the estate of her V. BROOKS, Ga., 39 S. E. Rep. 115.

mother will not include property inherited by testa178. TAXATION-Misdescription-Collector's Return. trix from her sister.-IN RE TILLINGHAST, R. I., 49 Atl. -Entire omission to describe land in collector's re

Rep. 634. turn held tatal to the validity of a tax sale.- BURGESS

194. WILLS – Capacity - Religious Belief.-Evidence V. ROBINSON, Me., 49 Atl. Rep. 606.

of religious bellef held admissible as tending to sbow 17:), TAXATION – Roceipt - Misdescription.- Where testator's mental incapacity to make a will.plaintiff paid her taxes, and the tax collector gave BRASHEARS V. ORME, Md., 49 Atl. Rep. 620. her a receipt misdescribing the property, which was

195. WILLS-Construction.A writing, executed as afterwards sold for the taxes, the tax title will be get

required of a will, providing for payment for care dur. aside.-PERRET V. BORRIES, Miss., 30 South. Rep. 60.

ing deceased's last sickness, to be collected out of his 180. TAXATION – Tax Deed.-A judgment debtor, estate, held to be a will.-FERRIS V. NEVILLE, Mich., whose land has been sold on execution, cannot make

86 N. W. Rep. 960. a valid title to bis wile under a tax deed, paid for

196. Wills-Construction - Intept.-Intent of testawith his own money.- BURGE88 V. ROBINSON, Me., 49

tor in construins will must prevail, it consistent with Atl. Rep. 606.

rules of law.-IN RE WOODWARD'S ESTATE, Minn., 86 181. TAXATION - Tax Sale-Notice.- Applicant to pur

N. W. Rep. 1004. chase land bought in by commonwealth for taxes held pot freed from duty to give notice to trustee and ben. 197. WILLS-Contest-Charging Jury.-Arraying coneficiary, though deed of trust is not properly indexed. testant's witnesses against those of proponent, -VIRGINIA BLDG. & LOAN CO. V. GLENN, Va., 39 S. E. charging the jury as to the capacity of testatrix, held Rep. 136.

erroneous.-SPENCER V. TERRY'S ESTATE, Mich., 86 N. 182. TORT8-Right of Arrest.-Where an officer had

W. Rep. 998. entered the outer door of a theater, held proper to di.

198. WILLs - Devise to Mother and Children.-Will rect a verdict for defendant in an action for the man. providing that niece hold land independently of ber ager', refusal to permit bim to serve a writ on an future husband and transmit it to her children, vests actor therein.-PAULTON V. KEITH, R. I., 49 Atl. Rep. a life estate in niece, with remainder in children.635.

SHANNON V. BONHAM, Ind., 60 N. E. Rep. 951. 183. TRIAL-Ang wers-Not Responsive. - Answers of 199. WILLS-Power to Convey Fee.-Devise con. a witness not responsive to the question may be strued to give widow of testator power to convey a stricken out.-SKELLEY V. VAIL, Ind., 60 N. E. Rep. 961. fee.- SAWIN V. CORMIER, Mass., 60 N. E. Rep. 936.

184. TRIAL-Directing Verdict.-Where facts, as well 200. WILLS-Revocation in Void wil.-Where an in. as their bearing upon the injury of an employee, were strument purporting to be a last will is adjudged void, in issue, and the evidence was conflicting, the court

a clause therein revoking all former wills is ineffectual. properly declined to direct a verdict.-MEXICAN CENT. -LYON V. DADA, Mich., 86 N. W. Rep. 946. Ry. Co. v. CONWAY, U.S.C.C. of App., Fifth Circuit, 201, WILLS-Specific Devise.-Provision in will, recit. 108 Fed. Rep. 932.

ing that the testatrix may be entitled to a certain in185. TRIAL-Instructions.- Failure to instruct as to terest in the estate of a deceased person, and devising matters already covered held pot error.-GREEVER V. the entire interest, constitutes a specific devise.-IN BANK OF GRAHAM, Va., 39 S. E. Rep. 150.

RE TILLINGHAST, R.I., 49 Atl. Rep. 634. 186. TRIAL-Instructions-General Exceptions.-Gen. 202. WILLS-Time from which Will Speaks.-Words eral exceptions to an instruction held insuficient to in will descriptive of objects of a gift refer to the raise the question of its inconsistency with other in. death of testator, and not to date of will.-IN RE structions given.--MATTHEW8 v. CLOUGH, N. H., 49 WOODWARD'S ESTATE, Minn., 86 N. W. Rep. 1004. Atl. Rep. 637.

203. WILLS-Trustee-Beneficiary.-It is no objection 187. TRIAL-Objection to Evidence.- Where evidence to a trust created by will that the trustee is also å ben. was objected to, objection need not be repeated, where eficiary tbereunder.-SUMMERS V. HIGLEY, III., 60 X. other evidence of the same kind is offered.-AMERICAN E. Rep. 969, MORTG. CO. V. MOUSE RIVER LIVE-STOCK CO., N. Dak., 204. WITNESSES – Defendant-Testimony in Own Be86 N. W. Rep. 965.

hall.-A conviction of defendant, compelled to testify, 189. TRUSTS-Resulting Trust-Burden of Proof. on his own testimony, will be set aside.-TOWN Coux. The burden is on ope claiming a resulting trust to es. | CIL OF CROSSHILL V. OWENS, S. Car., 39 S. E. Rep. 184.

Central Law


condemn it as criminal and suggest that those who practice it be prosecuted for manslaugh

ter or assault to kill as the case may be ; ST. LOUIS, MO., NOVEMBER 8, 1901

some believe in osteopathy, others will point suggestively to their foreheads as a votary

of the new school passes by. And so we No tendency is more to be deprecated and might go on with all the other opathies and condemned than that of thrusting the law treatments, dry air, cold water, magnetism, into the private affairs of the citizen under etc., etc. In many of these a knowledge the guise of the police power. In a free of even the rudiments of materia medica is country nothing can be more destructive of not essential, so that no general examination private rights. Under the exercise of such could possibly let them all in. The state a power the majority may crush and burden therefore by requiring such an examination a minority as arbitrarily as any despot in | must necessarily shut out all schools of medEurope. The recent case of People v. Reetz, icine not represented in the board of exam. 86 N. W. Rep. 396, brings up for our pur iners or covered by the examination. Nothpose the constitutionality of such legislation ing but the most absurd sophistry could in that phase of it relating to the examining conceal tbe fact that this is a most gross and licensing of physicians. In that case violation of individual liberty, smothering the supreme court held, generally, that under all investigation of disease and its remedy or the police power inherent in the state, the alleviation, except in certain directions, legislature may enact reasonable regulations and compelling a man in sickness or pain for the examination and registration of phy- to do without treatment unless he is willing sicians, and the practice of medicine and to accept that prescribed by the state. This surgery. Counsel argued that such legisla is not the police power, it is tyranny, and tion was an interference with the inalien- | the tyranny of a majority is as bad as any able right of a citizen when ill to employ | other tyranny. anybody he chooses as his physician. | It is pleasure, however, to observe a The contention of counsel, as a general tendency of late on the part of the courts to proposition, cannot be successfully con recognize the invasion of private right intradicted, the statement of the court in herent in such legislation and, while not dethis case to the contrary notwithstanding. claring it unconstitutional, to meet its most For the law to tell a man what he shall eat serious defects by constructional limitation. or what he shall drink or wherewithal he Thus in Evans v. State, 9 Ohio, S. & C. P., sball be clothed is paternalism with a venge Dec. (Ohio, 1899).222, it was held that a ance, and is often practically accomplished statute prohibiting any person not having a under many laws regulating the adulteration certificate from the board of medical regisof food products, the sale of liquor, and tration from prescribing, directing or recomtariffs on foreign goods, etc. But to compelmending any drug, medicine or other agency a man lying on a bed of sickness to call in a for the treatment, cure or relief of any bodily physician of a certain school or schools | imfirmities did not include the system known recognized by the state, but in whom the | as "Christian Science.” So also in Kensufferer has no confidence, or else to languish tucky it was held that a similar statute did without treatment, is as cruel and as unwar not prevent an osteopath from practicing his rantable an interference with private right as profession without a license. Nelson v. to require him under more serious conditions State Board of Health (Ky. 1900), 57 S. W. of health to accept the comforts of religion Rep. 501, 50 L. R. A. 383. See also State v. from a minister having the state indorsement. Liffring, -61 Ohio St. 39, 46 L. R. A. 334.

Medicine is not an exact science. Some Contra, Jones v. People, 84 Ill. App. 453. people believe in allopathy, others say that In the case of Nelson v. Board of Health, the nature cures when it does cure in spite of its court said: “[This statute] allows only revolcanic purges ; some believe in homeopathy, putable physicians holding a diploma from a others call it the greatest bumbug of the age; regular or reputable school to practice medi. some believe in Christian Science, others cine. If the act applies to appellant, he can

« ПредишнаНапред »