« ПредишнаНапред »
ing an interest or authority. RAYBURN V. RAYBURN, Ala., 30 South. Rcp. 385.
91. EXEMPTION.-A widow with two infant children wholly dependent on her for support is the head ot & family, and entitled to homestead exemption.-OPPEN HEIM V. VYBRS, Va., 39 8. E. Rep. 218.
96. EXEMPTION-Wages.-Wages held personal prop. erty within the meaning of the exemption law.-MC. CORMICK HARVESTING CO. V. VAUGHAN, Ala., 30 South. Rep. 363.
96. FEDERAL COURT8 – Mandamus-Jurisdiction.The jurisdiction of a federal court to award a writ of mandamus is not dependent on the laws or practice of the state, but is derived from the federal statute.BOARD OF LIQUIDATION OF CITY OF NEW ORLEANS V. UNITED STATES, U.S. C. o. of App., Fifth Circuit, 108 Fed. Rep. 689.
97. FERRIES-Establishment.-An order of the com. missioners of a county to settle and lay out a ferry ag petitioned for amounts to an establishment of the ferry.- ROBINSON V. LAMB, N. Car., 39 8. E. Rep. 579.
98. FIRE INSURANCE-Insurance Interest.-Mutual in. surance company under its cbarter held not entitled to losure property of one not a member.- PEARSON V. MUT. INS. CO. OF GREENVILLE,, S. Car., 39 S. E. Rep. 512.
99. FIXTURES-Construction.-In determining ques. tion whether chattel has become a part of the realty, the intention, as shown by the structure and mode of attachment thereof and the use of the property, must be considered.-RKADFIELD TELEPHONE & TELEGRAPH Co. V. CY&, Me., 49 Atl. Rep. 1047.
100. FRAUD-Misrepresentations.-Fraudulent mig. representations of a material fact on sale of persop alty, as inducement to contract, held a defense to an action on a note given for the price.-HOOPER V. WHITAKER, Ala., 30 South. Rep. 356.
101. FRAUDS, STATUTE OF - Consent Agreement to Sell Land.-Where land of the decedent were sold to pay debts by consent order, parol evidence held ad. missible to establish the agreement under which the consent order was had.- SUBER V. RICHARDS, S. Car.. 39 8. E. Rep. 540.
102. FRAUDS, STATUTE OF-Pleading.-The statute of fraude is not available as a defense upless pleaded.SUBER V. RICHARDS, S. Car., 39 S. E. Rep. 540.
103. FRAUDOLENT CONVEYANCES – Gifte.--A gift in fraud of creditors is good as against the administrator of the deceased donor, except to the extent necessary to pay the decedent's debts.-SCWALBER V. EHMAN, N. J., 49 Atl. Rep. 1085.
104. Giers-Fraud of Creditors.-A gift in fraud of a paraning creditor is good between the donor and the donee.-SCHWALBER V. EAMAN, N. J., 49 Atl. Rep. 1085.
105. HOMICIDE - Self Defense.-An instruction that defendant was justified in taking prompter measures of self-defense on attack by deceased, If he was a dan. gerous man held erroneous.-MITCHELL V. STATE, Ala., 80 South. Rep. 348.
106. HUSBAND AND WIFE-Curtesy.-Where wite's separate estate was conveyed by deed, in which the husband united, a judgment against him did not con stitute & lien on his estate by curtesy.-BANKERS' LOAN & INVESTMENT CO. V. BLAIR, Va., 39 8. E. Rep. 231.
107. INJONCTION – Temporary – Finding of Fact.Findlogs of fact on motion for temporary injunction held pot conclusive on the hearing for permanent in. junction.-ALSTON V. LIMEHOUSE, S. Car., 39 S. E. Rep. 188.
108. INJUNCTION-Title-Trial by Jury.-Where, in guit to enjoin trespass to land, question of title raised, either party is entitled to trial by jury. ALBTON V. LIMEHOUSE, S. Car., 39 S. E. Rep. 192.
109. INSURANCE-Conditions - Waiver.-Acceptance of premium after burning of property held to waive
condition in policy that it should be void in the event the insurer's ownership was not unconditional.-ME CHANICS' & TRADERS' INS. CO. V. SMITH, Miss., 80 South Rep. 362.
110. INSURANCE-Construction of “Serious Illiness." -Term "serious illines9,"in application for insurance, means illiness permanently impairing health. DRAKEFORD V. SUPREME CONCLAVE KIGHTS OF DAMON, S. Car., 89 8. E. Rep. 523.
111. INSORANCE-Misstatements.-It is fraud on the insurance company, where defendant makes misstatements to its physician and conceals facts.-DRAKEFORD V. SUPREME CONCLAVE KNIGHTS OF DAMON, S. Car., 39 8. E. Rep. 523.
112. INTERNAL REVENUE-Note pot Stamped.-That a note sued on is not properly stamped as required by ct of congress, held not to authorize its rejection in
ce.-HOOPER V. WHITAKER, Ala., 30 South. Rep. 355.
113. INTEREST-Collection Barred.-Interest may be collected on a debt barred by statute from date when first due, where it is acknowledged by an agreement in writing.-SUBER V. RICHARDS, S. Car., 39 S. E. Rep. 540.
114. INTOXICATING LIQUORS-Criminal ProsecutionWitnesses.-Witnesses not named in indictment as one to whom liqnors were sold may testlly as to sales to others.-STATE V. GREEN, S. Car., 39 8. E. Rep. 185.
115. INTOXICATING LIQUORS-Evidence.-Not competent to ask a witness, who had never drank "hop jack," as to whether the ordinary use thereot would make one drunk.-00STELLO V. STATE, Ala., 30 South. Rep. 376.
116. INTOXICATING LIQUORS - Indictment – Proof.Under an indictment for selling liquors, proof of sale on a day other than that charged held admissible.STATE V. GREEN, S. Car., 39 S. E. Rep. 185.
117. JODGMENT-Res Adjudicata.-The rule that an adjudication by an appellate tribunal becomes the law of the case on all subsequent trials should not be extended beyond the questions that were actually con. sidered and decided.-PATILLO V. ALLEN-WEST COM MISSION Co., U. S. 0. C. of App., Eighth Circuit, 108 Fed. Rep. 723.
118. JUDGMENT-Res Judicata.-A decree, dimissing a bill to have deed cancelled, held conclusive of all questions going to the validity of such deed.-SAM. UELS V. REVIERE, U.S.C.C. of App., Fifth Circuit, 108 Fed. Rep. 718.
119. JUDGMENT-Special Finding.-A finding that goods were sold to one defendant does not support an action for a sale to two defendants, or authorize a judgment against one.-DOBB8 V. PURINGTON, Cal., 65 Pac. Rep. 1091.
120. JUDICIAL SALES-Payments-Protection.-Under Acts 1883 84, p. 213, a purchaser of land at a sale by a special commissioner held protected in payments to such commissioner.-PULLIAM V. TOMPKINS, Va., 39 8. E. Rep. 221.
121. JURY--Talesman.-It is not necessary that names of persons suomoned as talesman in a criminal trial should appear on the list of jurors served on defend. ant.-MITCHELL V. STATE, Ala., 30 South. Rep. 348.
122. LIBEL AND SLANDER-Disparaging Circulars.Statements in circulars which merely disparage the goods of plaintiff, will not support an action for libel. -NONPAREIL CORK MFG. Co. v. KEASBY & MATTISON Co., U.S.O.O., E. D. (Penn.), 108 Fed. Rep. 721.
123. LICENSES-Parol-Revocable -Licenses to enter and cut timber created, by parol, while it remains executory as to timber not cut, is revocable at will of the owner, or by his death or conveyance of the
d without reservation.- EMERSON V. SHORKS. Me.. 49 Atl. Rep. 1051.
124. LIFE TENANT-Liability for Taxes.-A lite tenant is only liable for taxes accruing during his life ten. ancy.-TRIMMIER V. DARDEN, S. Car., 39 8. E. Rep. 372.
125. LIMITATIONS OF ACTIONS-New Promise.-A let. 140. MONICIPAL CORPORATIONS-Sewer-Daty to Reter held a sufficient promise to pay debt to take it out pair.-It is the city's duty to maintain and keep sewer of the statute of limitations.-SUBER V. RICHARDS, S. in repair so long as it was used for drainage purposes. Car., 39 S. E. Rep. 510.
-HAMLIN V. CITY OF BIDDEFORD, Me., 49 Atl. Rep. 1100. 126 MARRIAGE-Slave Marriages.-Act March 12, 1872, 141. MUTUAL BENEFIT SOCIETIES -Financee as Benefi. legalizing certain marriages among slaves, applies ciary.- Where a life certificate of a member was pay. only to cases where the parties had agreed to occupy able to 'B “ag his fiancee," his deserted wile cannot the relation of busband and wife, but where the power object that deceased was incapable of contracting to contract was wanting.-ROBERSON V. MCCAULEY, S. marriage with B.-WOODMEN OF THE WORLD V. RUTCar., 39 8. E. Rep. 570.
LEDGE, Cal., 65 Pac. Rep. 1105. 127. MASTER AND SERVANT-Defects-Master's Prom. 142. NEGLIGENCE -Contributory Negligence.-In an ise.-Remarks of foreman held not a promise by the action to recover for injuries held error to give master that delects would be cured and dangerous jury the impression that plaintiff would recover from places made sale.-DWYER V. NIXON, U. S. C. C. of | defendant if both were equally negligent.-BBUNSWICK App., Second Circuit, 108 Fed. Rep. 761.
& W.R. Co. v. WIGGINS, Ga., 39 8. E. Rep. 551. 128. MASTER AND SERVANT-Reassumption of Risk. 143. NEGLIGENCE-Nonsuit.-Where there is evidence Whether a servant reassumes risk pending the re of negligence by defendant and contributory negli. moval of the defects, or whether it remains on the gence by plaintiff, held error to direct a nonsuit.master, held question for jury.-DEMPSY V. SAWYER, BURNS V. SOUTHERN RY. co., 8. Car., 39 8. E. Rep. 567. Me., 49 Atl. Rep. 1035.
144. NEGLIGENCE-Presumption-Carriere.-There is 129. MASTER AND SERVANT-Risk on Master-Assump. a presumption of negligence arising from the fact that tion.-Risk of injury from defective machinery pri. the passenger was injured while on defendant's train. marily on master, unless servant voluntarily assumes --COOPER V. GEORGIA, C. & N. RY. CO., S. Car., 39 S. E. it.-DEMPSEY V. SAWYER, Me., 49 Atl. Rep. 1035.
Rep. 543. 130. MASTER AND SERVANT - Safe and Dangerous 145. NEW TRIAL-Immaterial Testimony.-Admitting Methods.- Where there is a comparatively safe and a Immaterial testimony held not necessarily cause for dangerous way of doing the same work, and a servant new trial.-RALEIGH & G.R. Co. V. BRADSHAW, Ga., 39 assumes the latter method, he is guilty of contribu. 8. E. Rep. 565. tory negligence.-MORRIS V. DULUTE, F. S. & A. RY.
146. NOTICE-Recorded Deed-Burden of Proof.-The Co., U.S.C. C. of App., Eighth Circuit, 108 Fed. Rep. burden of proof to show actual notice of a prior unre. 747.
recorded deed, as against the holder of a subsequent 131. MASTER AND SERVANT-Warning Servant.-Fail. deed by prior record, is on the party holding the un ure of foreman of street-railroad company to ward corded deed.-SIDELINGER v. Bliss, Me., 19 Atl, Rep. engineer of location of posts along the line of the road 1094. not negligence.-NORTH BIRMINGTON Sr. R. Co. v. 147. NOTICE-Record of Judgment-Actual Notice.WRIGHT, Ala., 30 South. Rep. 360.
Prior record of the judgment, though, constructive 132. MASTER AND SERVANT-Wrongful Discharge notice to subsequent purchasers, will not avail against Compepsation.- Where employee under contract to be actual notice given by announcements of the judg. retained until good cause ghowo for discharge is ment creditor to bidders inviting them to purchase on wrongfully discharged, he can recover the full value a statement excluding the idea that the judgment was of his contract at the time of the breach.-RHOADES a lien.-BORDEN V. HUTCHINSON, N, J., 49 Atl. Rep. 1088. V. CHESAPEAKE & O. Ry. Co., W. Va., 89 8. E. Rep. 209. 148. NUISANCE-Sewer System-Though city has au.
133. MECHANICS' LIENS-Notice.-Notice to claim lien thority to establish sewerage system, equity will en. need not be given, where the purchaser of the ma Join maintenance of the same, where it creates a bui. terials was the owner of the property.-MATTHEW Y. sance dangerous to health.-CITY OF WAYCROSS V. Monts, S. Car., 39 S. E. Rep. 575.
HOUK, Ga., 39 8. E. Rep. 577. 134. MINES AND MINERALS-Relocation.- Prima facia 149. NUISANCE - Street Railroad - Construction.-A evidence of the location of a mine by the grantor of street railway authorized by ordinance to construct the one in possession is sufficient to justify a verdict its railroad cannot be regarded as committing a nul. against one who, knowing of such location, relocated sance in so doirg.-WATSON V. FAIRMONT & SUBURBAN it on the claim that it was abandoned.-YREKA MIN. & RY. CO., W. Va., 39 S. E. Rep. 193. MILL. Co. V. KNIGHT, Cal., 65 Pac. Rep. 1091.
150. PARTNERSHIP — Requisites.-An agreement be. 135. MINES AND MINING - Lease-Notice of Sale. tween tug owners to place their vessels under a com. W bere a mining loase provided for termination on a mon management and to divide their net earnings on sale of the property, and the officer of lessor who a fixed basis held to constitute a partnership.-FLEXexecuted the lease notified the lessee that the property ING V. LAY, U. 8.O. C. of App., Sixth Circuit, 109 Fed. was sold, such lessee was justified in relying on such Rep. 962. notice.-OBER V. SCHENK, Utah, 65.Pac. Rep. 1073.
151. PATENTS—"Improvements"-Sufficiency.-Superi136. MORTGAGES-Foreclosure-Premature.-Suit to ority of device over patent must be due to a difference foreclose mortgage according to term thereof, though in function or mode of operation, or some essential before principal of note secured was due, held not change in character.-CROWN CORK & SEAL CO, V. prematurely brought.-MEYER V. WEBER, Cal., 65 Pac. ALUMINUM STOPPER CO., U. S. C. C. of App., Fourth Rep. 1110.
Circuit, 108 Fed. Rep. 845. 137. MORTGAGE-Note and Mortgage Considered To. 152. PAUPERS-Legal Home.-In order to retain a gether.-Under Civ. Code, $ 1642, a pote and mortgage legal home in a town, a person need not at all times securing the same, delivered at the same time, must have a house or room to which he is entitled to go.be taken and considered together.-MEYER V. WEBER, INHABITANTS OF SOUTH THOMASTON V. INHABITANTS OF Cal., 65 Pac. Rep. 1110.
FRIENDSHIP, Me., 49 Atl. Rep. 1056. 138. MORTGAGES.-In writ of entry by mortgagee to 153. PAYMENT-Application.-Creditor on receiving recover possession for the purpose of foreclosure, the payments without application may apply them to administrator of deceased mortgagor cannot be made debt already barred, thus tolling the statute.-HOPPER a party defendant.-GOLDER V. GOLDER, Me., 49 Atl. V. HOPPER, S. Car., 39 S. E. Rep. 366. Rep. 1050.
154. PLEADING - Amendment. - Plaintifft may be 139. MONICIPAL CORPORATIONS-City-Incorporation. allowed to amend his declaration by striking out any -An incorporated town cannot become a city until portion of the claim sued.-INHABITANTS OF SOUTH legislative enactment to that effect.-SAVANNAH, F. & THOMASTON V. INHABITANTS OF FRIBNDSHIP, Me., 49 W. RY.CO, V. JORDAN, Ga., 39 S. E. Rep. 511.
Atl. Rep. 1056.
153. PLEADING-Amendmont After Dismissal.-A mo. 1 an action against guch firm, may contest debt of the tion for leave to amend is too late after dismissal on judgment creditor.-LAWSON V. DUNN, N. J., 19 A tl. demurrer for want of jurisdictional facts.-SRAW v. Rep. 1087. AMERICAN TOBACCO CO., U. 8. C. 0. of App., Filth 171. RECEIVERS-Party-Pending I itigation, - A judg. Circuit, 108 Fed. Rep. 842.
ment entered against a firm for wbicb a receiver bag 156. PLEADING-Answer – Partial Defenso.- Where been appointed in an action in which such receiver answer contained avernments showing partial de. was not inade a party has no force against him.-LAW. tepse, they should not be stricken out on a general de. SON V. DUNN, N.J., 19 Atl. Rep. 1087. inurrer.-HIGGINBOTHAN V. CONWAY, Ga., 89 S. E. Rep. 172. RECEIVING STOLEN GOOD8 – Sufficient Indict. 550.
ment.-Indictment for receiving stolen goods, not al. 157. PLEADING-Oounterclaim.-There is no rule of leging that detendant knew they were stolen, held law requiring facts set up in counterclaim to be sepa. insufficient.-ANDERSON V. STATE, Ala., 30 South, Rep. rately and specifically stated.-CO-OPERATIVE PUB.CO. 375. . WALKBR, S. Oar., 39 8. E. Rep. 525.
173. REMOVAL OF CAUSES-Dismissal as to Ope De158. PLEADING-Demurrer-Effect of Sustaining. fendant.-A plaintiff may dismiss his action before W bere bill is demurred to, and one ground of demur. trlal ag to one of two or more defendants, on whose rer is sustained. It puts the case out of court, unless application the cause was removed into a federal court tbe bill is amended.-COLEMAN V. BOTT, Ala., 30 south. on the ground of a separable controversy.-YOUT&EY Rep. 361.
V. HOFFMAN, U. S. 0. C., D. (Ks.), 108 Fed. Rep. 699. 159. PLEADING-General Iegue.- Plea of general issue 174. SAFE-DEPOSIT COMPANIES — Liability. A conputs on plaiptiff the necessity of proving material al. tract of a safe.deposit company construed, and held legations of his complaint, unless waived.-MCGREE
pot to relieve It of its obligation to guard the property V. CASHIR, Ala., 30 south. Rep. 367.
placed in its charge as a balleo for bire.-COSSEN V. 160. PLEADING-Redundancy.-Where redundant al. SOUTHERN CALIFORNIA SAV. BANK, Cal., 65 Pac. Rep. legations are not objected to, evidence relating to the 1099. issue raised by them held admissible.-DENT V. SOUTH 175. SALES — Repudiation of Contract. The acts of a BOUND R. CO., S. Car., 39 8. E. Rop. 627.
purchaser in refusing to pay for deliveries made, and 161. PUBLIC LAND8-Contest-Register.- Under Pol. lo denying liability therelor, held to amount to a Code, S$ 601, 8414, 3498, a demand for reference of a con.
repudiation of the contract.-SCULLY STEEL & IRON test between applicants for purchase of state lande is
Co. v. OLD MEADOW ROLLING MILL CO., U.S. 0. C. of of no effect unless the fee of the register is paid.
App., Third Circuit, 108 Fed. Rep. 782. SHERMAN V. WRIGHT, Cal., 65 Pac. Rep. 1096.
176. SALVAGE-Authority of Master.-A mastor whose 162. PUBLIC LAND8-Damages.-Under Laws 1891, ch.
vessel has stranded has po authority on behalf of the 155, action of board of claims in awarding no damages
insurers to promise his men extra pay for work done før tallure of title to land granted by state beld as salvage services.- THE C.F. BIELMAN, U. S. D. C., proper.-KILLAM V. STATE, 71 N. Y. Supp. 1041.
E. D. (Wis.), 108 Fed. Rep. 878. 163. QOIETING TITLE — Timber Claimg.-Under Laws
177. SET OFF AND COUNTERCLAIM – Upliquidated 1893, cb. 6, where defendant claims an interest under
Claim.-Set-off of unliquidated damages as against a contract in tim bor on plaintiff's land, the court, on
liquidated claim held not permissible.-BONTING V. adjudging the claim invalid, cannot properly dismiss
COCHRAN, Va., 39 8. E. Rep. 229. the action.-RUMBO V. GAY MEG. CO., N. Car., 39 S. E. 178. SHIPPING - Charterg-Port Customs.-A custom Rep. 581.
of the port in order to be read into the charter, must 164. RAILROADS-Construction.-Railroad companies
be reasonable, certain, lawful, and consistent with the have the right to exercise reasonable discretion in the
charter, and so general and long-established as to be construction of their roadbeds.-MORRIS . DULUTH,
conclusively presumed to have been within the ETC. RY. CO., U. 8. C. C. of App., Eighth Circult, 108
knowledge of the parties.-CONTINENTAL OOAL CO. V. Fed. Rep. 747.
BIRDBALL, U. 8. C. C. of App., Fourth Circuit, 108 Fed.
Rep. 882. 165. RAILROAD8-Judicial Sale-Liens.-A purchaser of railroad property at Judicial sale succeeds to all the
179. SPECIFIC PERFORMANCE - Part Performance.rights of tbe former owner and the owners of the liens
Equity should not decree specific performance of foreclosed, as against an unforeclosed lien.-CONNOR
parol agreement where the acts of part performance V. TENNESSEE OENT. RY., U. 8. C.C. of App., Sixth
are pot positive and substantial.-HUDSON V. MAX Circait, 109 Fed. Rep. 981.
MEADOWS LAND & IMPROV. Co., Va., 39 S. E. Rep. 215. 166. RAILROAD8-Llable for Fires.-Rallroad com.
180. SPECIFIC PERFORMANCE - Sale of Whisky.
Equity will not decree the specific performance of a pany held liable, onder Rev. St. $ 1688, for injuries by
contract of sale of whisky stored in a United States fire from its locomotives to growing trees, turpentine
warehouse.-LÅNGFORD V. TAYLOR, Va., 39 S. E. Bep. boxes, etc.-DENT V. SOUTH BOUND R. Co., $. Oar., 39
228. 8. E. Rep. 527.
181. STATUTE8-Amending Amended Statute.-A stat. 167. RAILROAD8-Liability for Fires.-Railroad com.
ute is not invalid, although it purports to be amendapany permitting dry grags on Its right of way, liable
tory of a prior amended statute where the provisions for dre caused by sparks.-SHIELDS V. NORFOLK &C.
of the new statute are independent and complete in R. CO., N. Car., 39 S. E. Rep. 582.
themselves.-CITY OF BEATRICE V. MASSLICH, U.S.C. 168. RECEIVERS-Action Against-Proof.-In an ac. C. of App., Eighth Circuit, 108 Fed. Rep. 743. tion by a passenger to recover for wrongful ejection, 182. STREET RAILROADS- Franchise-Assignment.--A ag against receivers of road, plaintiff must prove that franchise granted to an individual may be valid by ag. defendants were receivers and bad control thereof, sigoed of the same to a private corporation.-WATSON and that he was elected by persons in defendant's em. v. FAIRMOUNT & SOBURBAN RY. CO., W. Va., 39 S. E. ploy.-MCGHEE V. CASBIN, Ala., 30 South. Rep. 367. Rep. 198.
169. RECEIVERS-Authorlty to Continue Litigation.-- 183. TAXATION-Tax Sale-Wben Made.- Power to À receiver does not, by virtue of his appointment, sell land for tages must be exercised during the exist. become a party to the litigation, so as to entitle bim ence of the tax lien.-HARNED V. CITY OF CAMDEN, N. to dle a pleading therein.-YOUTSEY V. HOFFMAN, U. J., 49 Atl. Rep. 1082. . S.C.C., D. (Ky.), 108 Fed. Rep. 693.
184. TAXATION_Tax Title.-Wbere plaintiff holds the 170. RECEIVER8-Not a Party to Suit-May Contest.- legal title, redemption by defendants from tax sale The receiver of ao Insolvent Arm, not made a party to gives them no interest or right of occupancy as
against a deed from the owner to plaintiff.-WILLEY V. GREENFIELD, 71 N. Y. Supp. 1046.
185. TELEGRAPHS AND TELEPHONES – Erection of Poles -A telephone company, which by permission of municipal authorities erects lines along highways, ac. quires a mere license, and not a permanent vested in. terest in the land itsell.-READFIELD TELEPHONE & TELEGRAPH CO. V. CYR, Me., 49 Atl. Rep. 1047.
186. TENANCY IN COMMON.- Where tenant in common is liable for waste by the removal of coal from land, co-tengnt may waive tort and sue for an accounting.CECIL V. CLARK, W. Va., 39 8. E. Rep. 202.
187. TENANCY IN COMMON – Grantee of One TenantAdverse Possession.-Possession by grantee in deed of land held by tenants in common under a deed from one tenant held to amount to ouster and to establish title after 10 years.-SUDDUTH V. SUMERAL, S. Car., 39 S. E. Rep. 534.
188. TIMBER-Realty or Personally.-W bere growing timber is sold, it remains an incident of real property so long as it remains uncut, but, when cut, it becomes personalty.-EMERBON V. SHORES, Me., 49 Atl, Rep. 1051.
189. TOWNS - Charter of Incorporation – City.- Act incorporating a town never having been repealed, the existence of such place as a towo held not affected by acts referring to it as a city.-SAVANNAH, ETC. Rr. Co. V. JORDAN, Ga., 39 8. E. Rep. 511.
190. TRADE-MARKS AND TRADE-NAMES-Geographical Terms.-Use of geograpbical or descriptive terms to palm off the goods of one manufacturer ag those of another may be enjoined.-SHAVER V. HELLER & MERZ Co., U. S. O. O. of App., Eighth Circult, 108 Fed. Rep. 821.
191. TRADE-MARKS AND TRADE-NAMES - Unfair Oom. petition.-Sale of goods of one manufacturer as those of another is unfair competition, authorizing an in. junction.-SHAVER V. HELLER & MERZ CO., U.S.C.C. of App., Eighth Circuit, 108 Fed. Rep. 821.
192. TRESPA88 - Life Tenant - Possession.-Party in possession, whether as life tenant or under condi. tional fee, can maintain trespass.-PERRY V. JEF. FERIES, S. Car., 39 S. E. Rep. 515.
193. TRIAL-Assignment of Errors.-Errors assigned on exceptions entered consent of the court without
knowledge of plaintiff's counsel, ghould not be considered.-OBER V. SCHENCK, Utab, 65 Pac. Rep. 1073.
194. TRIAL - Oross-Examination.-Where court er. roneously excludes certain cross examination, and afterwards admits his error, the witness may be restored for further cross examination.- PERRY V. JEF. FBRIES, S. Cor., 39 S. E. Rep. 515. · 195. TRIAL-Eleven Jurors - Consent.-Where juror is excused for providential cause, and party consents that the trial sbould proceed before 11 jurors, he can. pot complain.-RALEIGU & G. R. Co. v. BRADSHAW, Ga., 39 8. E. Rep. 555.
196. TRIAL-Examination-Leading Questions.-The asking of leadiog questions is within the discretion of the trial court.-STATE V. MARCABANKS, S. Car., 39 S. E. Rep. 187.
197. TRIAL-Instruction - One Theory.-Instruction applicable to one theory proper, though ignoring an. other theory, as to which instruction has been given. --RHOADES V. CHESAPEAKE & O. Ry. Co., W. Va., 39 S. E. Rep. 209.
198. TRIAL - Limitation of Evidence.-A verdict should not be set aside because evidence admissible for one purpose only was not so limited in the charge, unless such llmitation was requested.-LIEBRANDT V. SORG, Cal., 65 Pac. Rep. 1098.
199. TRIAL-Nonsuit.-Wbere there was any evidence establishing plaintiff's case, held error to grant a non. suit, not leaving the credibility of witness for the jury --RYKARD V. DAVENPORT, 8. Car., 89 8. E. Rep. 272.
200. TRIAL - Order of Prool.-Allowing plaintiff in trespass to show certain parties trespassing, before
proving that they were agents of defendant, held not error.-PERRY V. JEFFERIES, S. Car., 39 S. E. Rep. 515.
201. TROVER AND CONVERSION-Measure of Damages. -Measure of damages in trover is the value of the property, with interest.-CECIL Y. CLARK, W. Va., 39 S. E.Rep. 202.
202. TROVER AND CONVERSION-Venue.-A defendant in an action for damages for conversion of oysters wrongfully taken from plaintiff's oyster beds cannot have change of venue to the county in which the beds are situated.-MAKELY V. A. BOOTHE CO., N. Car., 39 S. E. Rep. 582.
203. TRUSTS-De Son Tort.- A plaintiff wbo intrusted money to an agent which the agent wrongfully de. posited to cover gambling transactions, held entitled to recover the amount so deposited from defendant as a trust de son tort.-CENTRAL STOCK & GRAIN EXCH. OF CHICAGO V. BENDINGER, U. S. C. C. of App., Seventh Circuit, 109 Fed. Rep. 926.
204. TRUSTS-Ionocent Purchaser-Pleading.-To de. feat a trust agreement affecting lands on the ground that defendant was a subsequent innocent purchaser euch defense must be explicitly pleaded.-NEWMAN V. SCHWERIN, U. 8. O. C. of App., Sixth Circuit, 109 Fed. Rep. 942.
205. USURY-Conflict of Law8.- Contract to pay intere est is governed by the law of the place of making the contract or the place of its performance.-BARRETT V. CENTRAL BOILING & LOAN A98N., Ala., 30 South. Rep. 347.
206. V&NDOR AND PURCHASER-Payment-Evidence.Io action to recover price of land, where issue is whether it was to be paid in part by stock of the ven. dee corporation, evidence as to value of the land and the value of the stock held competent.-LARKINSVILLE MIN. CO. v. FLIPPO, Ala., 30 South. Rep. 358.
207. WATER AND WATER COURSES-Appropriation of Water Power.-Appropriation of unappropriated river valley space by a mill owner must be an actual occu. pation by damg.-NATIONAL FIBRE BOARD V. LEWISTON & A. ELECTRIC LIGHT CO., Me., 49 Atl, Rep. 1095.
208. WATER AND WATER COURSES – Diversion-Prescription.-Diverting all the waters of a stream for 40 years, does not give a prescriptive right to have all the waters entering the stream or any of its tributa. ries flow that way.-CAVE V. TYLER, Cal., 65 Pac. Rep. 1089
209. WILLS-Contest- Evidence.-On the trial of an 1ssue of devisavit vel non, caveatrix can prove that she was next of kin of the decedent by the declarations of the latter.-MALONE V. ADAMS, Ga., 89 S. E. Rep. 507.
210. WILLA - Trustee.-Agreement between trustee under will and beneficiary, whereby the son became absolutely entitled to receive one-fourth of the income quarterly, held not in conformity with the trust.MORPHY V. DELANO, Me., 49 Atl. Rep. 1053.
211. WITNESSE8-Death of One Party to Contract.In a suit by an administratrix for the value of improvements put on defendant's lot under a parol promise to convey it to intestate, defendant, over objection, cannot testify as to such promise.-LUTON Y. BADHAMIN. Car., 39 8. E. Rep. 581.
212. WITNESSES -Disregarding Testimony.-The jury cannot, because a witness was in the employ of one of the parties, arbitrarily disregard bis testimony.BRUNSWICK & W.R. 00. v. WIGGINS, G&., 39 S. E. Rep. 551.
213. WITNESSES -- Foreclosure-Mortgagee.-In foreclosure against widow of deceased mortgagor in pos. session, mortgagee is a competent witness.-GOLDER V. GOLDER, Me., 19 Atl. Rep. 1050.
214. WITNESSES-Impeachment.-Witness cannot be impeached by proof of contradictory statements, without laying foundation for the same.-RALEIGH & G.R. CO. V. BRADSHAW, Ga., 39 8. E. Rep. 565.
Central Law Journal.
custom or usage on the part of said employer. Cleveland, etc. R. R. v. Jenkins, 174 III. 398,
51 N. E. Rep. 811, reversing 75 III. App. 17. ST. LOUIS, MO., NOVEMBER 15, 1901
But of recent years agreements as to the em
ployment and discharge of employees are The law of master and servant is rapidly very general among large corporations, and assuming a most remarkable pre-eminence, while they are justified in the making of such especially in this country. The reasons are agreements, they are at the same time held not hard to discover. Vast combinations of strictly liable for any abuse thereof. Thus capital bave swept all business enterprises where there is a custom among railroads to into the hands of the few, and the small in keep a record of the causes for which emdependent merchant will in a few years beployees have been discharged, and for one one of the curiosities of trade. Wbile it is company not to employ persons who have certain that there are fewer masters it has been discharged for certain causes by become equally a matter of common knowl. another company, it is part of every edge that there has been of recent years a contract of employment by such commost unprecedented increase in the number panies that such entries, when made, of those whose status in the eye of the law is shall be true, and a discharged employee that of servant. From the president of a may sue, either in contract or tort, to railroad to the office boy of the smallest | recover damages resulting from the breach of business establishment in the country is to that part of the contract. Hundley v. Rail. be found the vast proportion of our popula- road, supra. So also, when railroad comtion, all of them dependent upon the will panies agree not to employ any workmen who of some one else for their daily occupation may have been discharged from any of such and sustenance. Tbis may in more than one companies, parties to the agreement, unless respect be justly regarded as a calamity. such applicant presents a “clearance” show. The courts, however, are beginning to rec ing that he had not engaged in a certain ognize the changed conditions and some of strike, a railroad company which, on disits peculiar inequalities. One of these is charge of an employee, maliciously refuses to the disadvantage of the employee in procur give such a clearance is liable for exemplary ing a situation where the market for such as for compensatory damages. New York, employment is in control a few men backed etc. R. R. v. Shaffer, supra. by vast combinations of capital. In such a case a man has not the same opportunity to Questions of wrongful discharge of servreceive employment when discharged by ant by employer are often litigated and the one employer as formerly, and especially is principles governing their settlement are as this the case when the employers enter into an old as the common law. The reason for the agreement not to employ persons discharged great mass of litigation on this point is from other concerns except on certain con probably that already suggested, the vast ditions. So the rule has been laid down re increase in the number of those assuming quiring corporations to give discharged em the relation of master and servant, rather ployees "clearance" cards wherever such is than to any uncertainty in the law itself. the custom and holding them liable for com One phase of this question, however, not as pensatory and sometimes exemplary damages yet altogether free from doubt, is the liafor tbeir wrongful refusal. Hundley v. Rail bility of third persons for malicious interroad (Ky. 1898), 48 S. W. Rep. 429; New ference resulting in the discharge of the York, etc. R. R. v. Schaffer (Ohio, 1898), 17 servant. The old rule in this country Ohio Cir. Ct. Rep. 77. This rule in its ap was founded on the case of Chipley v. plication is of modern origin and is based on Atkinson, 23 Fla. 206, which held that an custom or agreements between employers. employee can maintain an action against one At common law no duty is imposed on an who maliciously procures his discharge, proemployer to give his employee a letter of vided he can prove damages resulting from recommendation or clearance card on the sev. such discharge. The case of Allen v. Flood, erance of the relation, in the absence of any decided by the house of lords in 1897, 67 L.
pensa heir wroB98), 48. chatier