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good practice and was prospering and knew many jects. A corporation which as such has 'no such men of note. They moved to Gas City.
duties cannot be guilty in these cases, but they may But his dreams were not realized. From the altar be guilty as a body corporate of commanding acts to Vows sbe turned forgetful and showed him a warm be done to the nuisance of the community at large. time thenceforth. Her supposed honey sweetness Individuals who concur in voting the order or in of disposition looked to bim like a spray of vinegar. executing the work may be made answerable for it She began to knock on Kansas and then knock on also by criminal proceedings. But there can be no him. Among his titles bestowed by her were. effectual means for deterring from an oppressive “bigot, back number, loafer, idiot, crank, fool tyrant, exercise of power for the purpose of gain, except the no gentleman, filthy, low, indecent, old curmud. remedy by an indictment against those who truly geon.” Privately and publicly she hailed bim thus. commit it, that is, the corporation acting by its Was she a belp mate to him? Nay. Nay. Did sbe majority. In 1850, in case of The King of the Two love, honor and obey? Not on your tirtype. Nor Sicilies v. Wilcox, I Sim. (N. S.) 334. an incorporated did she cook, wash or sew, although in good health company demurred to a bill in equity, on the ground and mighty spry for a lady of 68 summers. He is not that the discovery thereby sought might subject it to an epicure but likes good things to eat and always a crimiual prosecution under the Foreign Enlistment provided plenty, but she refused to cook, declaring Act (59 Geo. III., ch. 69), but Shadwell, V. C., overthe house empty and forgetting the text: Rev. XII, ruled the demurrer, holding that the language of the 8. Once he went to the cupboard when she declared act referred to individuals only. The general rule for there was no butter in the house and brought forth the construction of statutes on this point is now laid a hunk which was not strong enough to walk to the down by section 2 (1) of the Interpretation Act, 1889 table alone. Sbe was angered by it as a bull flagged (52 and 53 Vict. ch. 63), re enacting part of 7 and 8 with a red flag. Shaking her finger in his face she Geo. IV, ch. 28, $ 14, that in the construction of every declared “would shoot him, bad she a gun." At enactment relating to an offense punishable on indict. other times he showed tbis improper desire to do ment or on summary conviction whether contained in murder. And she hobnobbed with evil companions an act passed before or after the 1st of January, 1890, much to his annoyance. She antagonized his religion. | the expression of person" shall, unless & contrary He had plenty and she bad pone, professing a disbe. | intention appears, include a body corporate. Practi. lief in heaven and bell and a Creator. He knew there cally the same rule has been laid down for the con: is a hell, but she couldn't see it. She snorted about struction of penal statutes by the house of lords in his politics. He is an American, loyal and true. She the case of Pharmaceutical Society y. London and is an anarcbist and insisted on keeping papers of that Provincial Supply Association, Limited, 5 App. Cas. breed about the house. And she annoyed him by 357, where it was held that in sections 1 and 15 of the talking of her religion and political faiths. Then sbe Pharmacy Act, 1868, probibiting under penalty any left him, alone, with none to love and none to caress. person not being a registered pharmaceutical chemHe could bear that but she took valuable papers with ist from keeping a shop for the sale of poisons, the her, including an autograph letter of Job J. Ingalls word "person" does not include a corporation. In and a handsome specimen of tape worm, easily 74
that case Lord Blackburn said: "I quite agree that a feet long. He asks for divorce and possession of what corporation cannot in one sense commit a crime- & is left of his property. The result will be awaited corporation cannot be Imprisoned, it imprisonment with interest.
be tbe sentence for the crime; a corporation cannot
be banged or put to death if that be the punishment CRIMINAL LIABILITY OF CORPORATIONS IN ENGLAND. for the crime; and so in those senses a corporation
The importance of this subject is quite modern. cannot commit a crime. But a corporation may be The old books contained very little about it. Its fined, and & corporation may pay damages; and prominence in modern times is due, no doubt to the therefore I must totally dissent, notwithstanding what enormous growth of joint stock companies, and to the Bramwell, L. J., said, or is reported to have said consequent legislation, some of its penal, affecting (5 Q. B. D. at p. 313), upon the supposition that a those corporations. The first decision of importance body corporate or a corporation that incorporated on the subject is that in Reg. v. Birmingham and itself for the purpose of publishing a newspaper Gloucester Railway Company (1842), 3 Q. B. 323, could not be tried and fined, or an action be brought where it was held that at common law an incorporated against it for a libel; or that a corporation wbich company might be indicted for non feasance in omit: commits a nuisance could not be convicted of the ting to perform a duty imposed by statute, such as nuisance or the like. I must really say that I do not that of making arches to connect lands seyered by the feel the slightest doubt upon that part'of the case." company's railway. There Patteson, J., delivering More recently still, the judgipent of Bowen, L. J., in the judgment of the court, stated on the authority of Reg. v. Tyler (1891), 1 Q. B. 588, contains a valuable 1 Hawk. P. C., ch. 66, § 13, that a corporation may be review of the law, summing it up as follows: “I take indicted for breach of a duty imposed by law, though it, therefore, to be clear that in the ordinary case of a not for a felony nor for crimes involving personal vio duty imposed by statute, if the breach of the statute lence, as for riots or assaults. Then in Reg. v. Great is a disobedience to the law punishable in the case of North of England Railway Company (1846), 9 Q. B. a private person by indictment, the offending corpo. 315, it was further held that an incorporated company ration cannot escape from the consequences which could be indicted for a misseasance, such as cutting would follow in the case of an individual by showing through and obstructing a bigbway by works per that they are a corporation. That seems to me to be formed outside of their statutory powers. There Lord common sense and good law." Kay, L.J., in the Denman, C. J., in delivering the judgment of the same case entirely agreed. He puts it even more court, pointed out that crimes consisting in acts of tersely: "I take it to be clear that where an act immorality derive their character fro.n the corrupted imposes upon a company a duty to perform a partic: mind of the person committing them, and are viola: ular act, the company, though a corporation may be tions of the social duties that belong to men and sub indicted for non-performance."-Solicitor's Journal.
cient forms which is now regarded as mere surplus
age, which enables the pleader to reduce the pleadTAXATION OF PERSONAL PROPERTY-EVIDENCE OF
ing to a compact and elegant form. The revised DEBT.
edition of this work is edited by the Hon. Winslow To the Editor of the Central Law Journal:
Evans of the Peoria bar. Mr. Evans does not underThe suggestion of one of your correspondents (in take to change the text; the thoroughness of Mr. the issue for October 4, 1901), that evidences of debt Bishop's work leaving nothing to be desired in that be stamped by the assessor of taxes showing their
direction. The annotations, however, bave been rendition for taxes, before they should be collectible
brought down to date with an additional chapter by by any process of law, is good as far as it goes. But
Mr. Evaps on the subject of "Forms of Bills of Exis such a provision sufficient to secure any great ception." We thoroughly commend this work as the inerease in the list of this kind of property on; the highest authority on criminal forms and as quite intax-roll? Is it not within the experience of most of
dispensable to the active practitioner having any
business whatever in the criminal court. Printed in are paid voluntarily, without resort to any process of
one volume of 761 pages and bound in extra fine qual law? And if this is so, would not such a provision ity of law sheep. Published by T. H. Flood & Co., become inoperative in a vast majority of cases? Tax.
Chicago, III. dodgers would continue to avoid the payment of taxes by trusting to the payment of their claim withont resort to processes of the law, and withcut, ot
· WEEKLY DIGEST. course, having their evidences of debt stamped by the assessor of taxes showing their rendition for taxes. This would seem to intensify rather than Weekly Digest of ALL the Carrent Opinions lesseu some of the inequalities of the burden of taxa.
of ALL the Stato end Territorial Courts of tion.
Last Resort, and of all the Federal Courts It to your correspondent's suggestion could be added a further provision that a voluntary payment ALABAMA, 5, 10, 11, 22, 23, 25, 80, 54, 57, 59, 60, 68, 69, 72 of the evidences of debt which bave not been stamped 75, 76, 77, 79, 80, 84, 87, 92, 93, 94, 101, 102, 110, 113, 114, showing their rendition for taxes, would not dis.
128. 136, 143, 147, 149, 164, 202, 203, 210, 221, 224 charge the same from liability to pay the tax, and an CALIFORNIA, 81, 91, 112, 132, 145, 153, 155, 159, 173, 218, 222 additional sum in the way of a penalty, and all costs
COLORADO....................................96, 99, 158, 157 made in collecting same, it would appear to go far to
............3, 53, 56, 73, 129, 166, 181
INDIANA................................................... remove the objection which is herein indicated. And
INDIAN TERRITORI, 4, 8, 12, 41, 60, 64, 66, 70, 71, 74, 82, 95 tbe right to recover said tax by an appropriate action
115, 116, 120, 121, 122, 123, 124, 125, 126, 134, 135, 136, 137, should continue against the estate of the person who
138, 139, 140, 141, 142, 144, 152, 168, 187, 190, 197, 199, 205, had received payment, without process of law, of bis 215, 216, 219 evidence of debt. Perhaps the statute of limitations KANSAS.......
...........9, 50, 131, 169 should not run against the right to recover such tax KENTUCKY, 1, 6, 13, 14, 19, 20, 21, 24, 27, 43, 47, 51, 58, 62, 85, out of the tax.dodger's estate whenever and wherever
88, 90, 97, 117, 127, 130, 133, 146, 161, 162, 174, 177, 178, found.
179, 182, 186, 214, 226 Milwaukee, Wis.
...........36, 39, 86, 98, 111, 176, 200 MISSOURI........
............7, 68 NEW HAMPSHIRE............... 33, 78, 148, 150, 163, 209, 212 BOOK REVIEWS.
NEW JERSEY...............18, 34, 85, 61, 65, 67, 103, 154, 158
OKLAHOMA.................. 83, 89, 100, 104, 189, 192, 211, 218 BISHOP'S DIRECTIONS AND FORMS.
OREGON. ..................................... 49, 151, 184, 204 One of the most valuable works of law which ever PENNSYLVANIA....................................... 42, 180 came from the pen of the late Dr. Joel Prentiss SOUTH CAROLINA ....................................26, 119 Bishop was that which completed his celebrated TENNESSEE, 2, 28, 29, 31, 52, 108, 160, 172, 163, 220, 223, Criminal Law Series--"Directions and Forms for
225 Prosecution and Defense." In this book Dr. Bishop
........... 106, 107, 118, 167, 193
UNITED STATES O.O., 37, 38, 44, 45, 105, 170, 175, 186, 189, attempted to clear up'the surplusage and absurdity
198, 207, 208, 217 of common-law indictments and to furnish a set
UNITED STATES C. C. OF APP......... 15, 16, 46, 48, 201, 227 of practical directions and forms for the grand jury UNITED STATES D.C., 17, 40, 165, 171, 191, 194, 195, 196, room, trial court, and court of appeal in criminal 206 causes, with full citations of precedents from the reports and other sources. This book was published
1. ACTION-Suit to Obtain Construction of Obliga. in 1885 and was received by the profession with im.
tions. It seems that an insurance company has no
authority to institute a suit to obtain a construction mediate and universal approval. Mr. Bishop's won
of the obligations of its members.-In re Hurst Home derful power of classification and extraordinary re
Ing. Co., Ky., 64 S. W. Rep. 512. search into the authorities, together with his closely adhered to policy of putting principle before prec
2. ANIMAL -- Death by Kailroad-Negligence.- A per. , edent invariably resulted in placing upon a scientific
son in exclusive possession of an animal beld entitled and reasonable basis that subject of the law which he
to sue for its death, caused by defendant railroad'a
negligence.-Southern Ry. Co. v. Hall, Tenn., 64 8. W. undertook to consider. This work on directions and
Rep. 481. forms in criminal proceedings forms no exception to this rule although it is a subject which would seem
3. APPEALS-Preponderance of Evidence.-In a civil less susceptible than any other to scientific treatment.
action a preponderance of evidence is sufficient to With every precedent, however, Dr. Bishop has
sustaiu a verdict.-Weisman v. Commercial Fire Ins.
Co., Del., 50 Atl. Rep. 93. given an analysis showing the essential aver. ments and an exposition of the reasons therefor. He 4. APPEAL AND ERROR-Agreement of Attorneys to carefully points out the matter contained in the an. | Transcript.-An attorney, agreeing that a transcript
on appeal contains correct copies of orders, cannot urge that such orders are not properly authenticated. -Jett v. Sittle, Ind. T., 64 S. W. Rep. 572.
5. APPEAL AND ERROR-Dismissal Because of Re. hearing.-An appeal from a judgment in the circuit court will be dismissed where ajproceeding for re. hearing below is pending.-Supreme Lodge K. P. v. Thomas, Ala., 30 South. Rep. 567.
6. APPEAL AND ERROR-Filing Transcript too Late.Where the first day of the second term of the court of appeals after the granting of an appeal was September 16th, the filing of transcript on August 28th was too late.-Beavers v. Bowen, Ky., 64 S. W. Rep. 494.
7. APPEAL AND ERROR-Injunction Affecting Stair. way-Coneerng Real Property.-A suit ito restrain the obstruction of a stairway held to involve the title to realty, giving the supreme court jurisdiction on ap. peal.-Peters v. Worth, Mo., 64 8. W. Rep. 490.
8. APPEAL AND ERROR-Verdict on Plaintiff's Evi. denee.-A judgment on a verdict founded on evidence given by plaintiff's witnesses alone, delendants having been aiforded on opportunity to introduce evi. dence, will not be disturbed.-Sags v. Thomas, Ind. T., 64 S. W. Rep. 528.
9. ASSIGNMENTS-Evidence of Colorable Assignment. -In action on an assigned account, where assign. ment is admitted, held not error to exclude evidence showing that, the assignment was colorable oply.Lesh v. Meyer, Kan., 66 Pac. Rep. 245.
10. ASSIGNMENTS FOR BENEFIT OF CREDITORS-Col. lusive Attachment.- On bill to set aside attachment as collusive, the burden of proof is on the complainants. -H. B. Claflin Co. v. Muscogee Mig. Co., Ala., 30 South. Rep. 555.
11. ASSIGNMENT FOR BENEFIT OF CREDITORS-Collu. sion of Attaching Creditors.-That attaching creditors sided debtor in again starting in business held not to authorize inference of collusion and fraud.-H. B. Claflin Co. v. Muscogee Mig. Co., Ala., 30 South. Rep. 555.
12. ASSIGNMENTS FOR BENEPIT OF CREDITORR-Cur. log Illegality.-An assignment requiring sale within 120 days at public auction is cured of any illegality by directing assignee to be governed by the assignment laws.-Rainwater-Bradford Hat Co. v. McBride, Ind. T., 64 9. W. Rep. 556.
13. ATTORNEY AND CLIENT-Value of Services.-The oply evidence as to the value of attorney's services being their own testimony, the court is not concluded thereby.-Germania SaletyVault & Trust Co.'s Assig. nee 7. Hargis, Ky., 64 S. W. Rep. 516.
14. ATTORNEY AND CLIENT-Value of Services Where Unsuccessful.- Where an attorney has been unguc. cessful in his efforts for his clients, the court will con. sider that fact in fixing his tee.-Germania Safety. Vault & Trust Co.'s Assignee v. Hargis, Ky., 64 8. W. Rep. 516.
15. BANKRUPTCY -Avoiding Chattel Mortgage.- A trustee can avoid a chattel mortgage, where the mort. gagee bas failed to comply with the New York record. ing statute, only to the extent of the claims of jedg. ment creditors of the bankrupt.- In re New York Economical Printing Co., U. 8. C C. of App., Second Circuit, 110 Fed. Rep. 514.
16. BANKRUPTCY -Avoiding Liens.-Under Bankr. Act, 1898, a trustee can avoid liens only when, and to the extent that, they could at the time of the adjudica. tion have been avoided by creditors of the bankrupt. - In re New York Economical Printing Co., U.S.O.C. of App., Second Circuit, 110 Fed. Rep. 514.
17. BANKRUPTCY-Lien Where Contract of Sale Not Recorded.-Ag against creditors of a bankrupt, one who sold to him a chattel, title to remain in seller till purchase price is paid, cannot claim a lien where con. tract is not recorded as required by statute.-In re Taten, U.S. D, C., E. D. (N. Car.), 110 Fed. Rep. 519.
18. BANKRUPTCY-Mortgage Made but not Plled Within Four Months.-Under Bankr. Act U.S. 1898, $ 60b, a mortgage given more than a year before the mortgagor filed a petition in bankruptcy, but which was not recorded until within four months of the fil. ing of the petition, held pot voidable.-Asbury Park Building & Loan Assn. v. Shepherd. x. J.. 50 Atl. Rep. 65.
19. BANKS AND BANKING-Discount by Unincorpo. rated Bank.-A note discounted by an unincorporated bank was not placed on the footing of a bill of ex. change, though payable at an incorporated bank.Cunningham v. Potter, Ky., 64 S. W. Rep. 493.
20. BANK AND BANKING-Loaning Money to Depositor.-The lending of money on deposit for a customer is within the legitimate business of a bank, unless prohibited by its charter.- Bobb v. Saving Bank, Ky., 64 S. W. Rep. 494.
21. BANKS AND BANKING-Interest on Balance Found Due.-In an action against a bank to recover deposits the balance found due plaintiff should bear interest from the institution of his action - Bobb v. Savings Bank, Ky., 64 S. W. Rep. 494.
22. BILLS AND NOTES-Transfer of Railroad Voucher. -A railroad company, transmitting a voucher in set, tlement of claim to creditor, cannot recover in as, sumpsit from one to whom the voucher was assigned by one falsely claiming to represent the creditor after payment of the voucher, on discovery of the forgery of the assignment.-Louisville & N. R. Co. v. Johnson, Alo., 30 South. Rep. 580.
23. BOUNDARIES-Equity Jurisdiction.- Equity has jurisdiction to establisb disputed boundary lines, where the confusion as to them bas arisen from the fraudulent acts of the owner of adjoining property. -Guice v. Barr, Ala., 30 South. Rep. 563.
24. BOUNDARIES—"Head" of a Stream.-The "head" of a stream, called for in a boundary, is the highest point on that stream which furnishes a continuous stream of water, and not necessarily its longest propg. -Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.
25. CANCELLATION OF INSTRUMENT8-Adequate Rem: edy at Law.-Where complainant is out of possession at time of suit to cancel deed, he has an adequate remedy at law, and the bill will be dismissed.-Wilkinson v. Wilkinson, Ala., 30 South. Rep. 578.
26. CANCELLATION OF INSTRUMENTS-Seal as consideration.-The rule that a seal imports consideration does not apply to a suit in equity to cancel a written instrument.-Way v. Union Cent. Life Ins. Co., S. Car., 39 $. E. Rep. 742.
27. CARRIERS-Limitation of Liability.-A clause in a contract limiting the common-law liability of a car. rier held void.-Illinois Cent. R. Co. v. Radford, Ky., 64 S. W. Rep. 511.
28. CARRIERS OF GOODS-Action by consignor for Failure to Deliver.-Action against carrier for failure to deliver goods consigned on commission held prop. erly brought in pame of consigpor.-Southern Ry. Co. v. Deakins, Tenn., 64 S. W. Rep. 177.
29. CARRIER OF GOODS-Congestion of Freight.-Con. gestion of freight in defendant carrier's yard, known to defendant's agent, who, notwithstanding, promises delivery of goods, beld do detenge for failure to make prompt delivery.-Southern Ry. Co. v. Deakins, Temp., 64 8. W. Rep. 477.
30. CARRIER OF GOOD8-Passenger on Freight Train. -Passenger on freight train by carrier's permission held not to assume any risk resulting from management of train.-Southern Ry. Co. v. Crowder, Ala., 30 South. Rep. 592.
31. CARRIERS OF PASSENGERS-Party of Freight Train a Trespasser.-A party, knowing that he is not entitled to ride on a freight train, and paying a brake. man for the privilege, held a trespasser, and the com. pany is not liable for injuries received in alighting from the train.-Sands v. Southern Ry. Cr., Tenn., 64 S. W. Rep. 478. 32. CARRIERS OF PASSENGERS-Profit of Trip as Dam. ages.--Question as to what plaintiff, a deputy marshal, would have earned, had his injury from defendant rallroad company's negligence not terminated his trip, held proper.-Chicago, R. I. & P. Ry. Co. v. Hoover, Ind. T., 64 8. W. Rep. 579.
33. CARRIERS OF PASSENGERS-Protection of Intoxic. ants.-The fact that a railroad passenger's intoxica. tion is in violation of a statute is immaterial on the question of the railroad's duty to preserve him from injury.-Wheeler v. Grand Trunk Co., N. H., 50 Atl. Rep. 103.
34. CHARITIES-Devise to Unincorporated Charity.In a devise to an unincorporated charitable society, the heir At Jaw takes the legal title in trust for the society, so that the devise is pot void for want of a person in whom the legal estate may vest.-American Bible Soc. v. American Tract Soc..N. J., 50 Atl. Rep. 67.
35. CHARITIEI-Unincorporated Charities as Objects of Gifts. In a devise to an unincorporated charitable society, the objects of the society as expressed in its by-laws are a suficient designation under the statuto of frauds of the object of the gift.-American Bible Soc. v. American Tract Soc., N. J., 60 Atl. Rep. 67.
36. CHATTEL MORTGAGKA-Bona Fide Purchaser.Purcbaser in good faith or mortgaged chattels from mortgagor in possession beld not liable for conversion without demand or refusal.-Dean v. Cughman, Me., 50 Atl. Rep. 85.
37. CHATTEL MORTGAGES - Creditors Not Entitled to Special Provisions.-A provision of a mortgage that toreclosure shall not be brought within six months after default is for the benefit of the mortgagor, and bis general creditorg cap not avail themselves of it.Central Trust Co. of New York v. Worcester Cycle Mlg. Co., U.S.C.C., D. (Mass.), 110 Fed. Rep. 491.
38. CHATTEL MORTGAGE-Priority of Receiver in Pos. session.-Possession of a receiver appointed in a fore. closure guit is not that of the mortg gee, so as to give him priority over other creditors, where his mortgage was invalid without possession.-Central Trust Co. of New York v. Worcester Cycle Mig. Co., U.S.C.C., D. (Magg.), 110 Fed. Rep. 491.
39. CHATTEL MORTGAGES-Sale of Right to Redeem.Mortgagor of chattels, having right to possession, may sell his right to redeem.-Dean v. Cushman, Me., 60 Atl. Rep. 85.
40. COLLISION - Steamer in Course of Sailing Vessel. -A steamer is not relieved from the rule requiring her to keep off the course of a sailing vessel, unless she has resorted to all other practicable means, and cannot comply with the rule without peril to herself or other vessels.-The Devonian, U. S. D. C., D. (Mass.), 110 Fed. Rep. 588.
41. COMMERCE-Creek Grant of Exclusive Telephone Franchise.-The Creek council act granting an exclu. sive franchise to a telephone company held not re. pugnant to interstate commerce clause of United States constltution.-Muskogee Nat. Tel. Co. v. Hall, Ind. T., 64 S. W. Rep. 600.
42. CONSTITUTIONAL LAW-Local Legislation.-Act May 28, 1874, making each city of the third class one scbool district, held not unconstitutional as local legislation regulating affairs of school districts.Commonwealth v. Hitchens, Pa., 50 Atl. Rep. 91.
43. CONTRACT - Enforcement Where Fraudulently Procured.Contract will pot be enforced as written, it being admitted by demurrer that the action of the agent obtaining it was fraudulent.-Headley y. Picker. ing, Ky., 64 S. W. Rep. 527. 44. CONTRACT -Strict or Liberal Construction.
A party to a contract who has himself failed to comply with its conditions will not be permitted by a court of equity to insist upon a harsh and strict construction
of it as against the other party.-Xeal v. Briggs, U.S. C.C., E. D. (N. Car.), 110 Fed. Rep. 477.
45. COPYRIGHTS-Recovering Statutory Penalty.-An action to recover the statutory penalty of one dollar per sheet for the infringement of a copyright for a photograph can only be based upon sheets of the in. fringing publication which have been found in de. Pendant's possession and seized for the purpose of condemnation and forfeiture.-Cbild V. New York Times Co., U. 8. C.C., 8. D. (N. Y.), 110 Fed. Rep. 527.
46. CORPOKATIONS - Consent of Stockholders to Mortgage.-The provisions of the stock corporation law of New York, requiring the filing of the consent of stockholders to the execution of a mortgage by the corporation, is for the protection of the stock holders. and only stockholders can take advantage of a fallure to comply with it.-In re New York Economical Printing Co., U. S. C. C. of App., Second Circuit, 110 Fed. Rep. 514.
47. CORPORATIONS - Employing Attorney.-Where the action of the director of a corporation in employ. ing an attorney was acquiesced in by the president and other directors, his fee must be paid out of the as. sets of the corporation.-Germania Safety.Vault & Trust Co.'s Assigbee v. Hargis, Ky., 64 S. W. Rep. 616.
48. CORPORATIONS--Liability of Stockholder to Judgment Creditor.-The liability of a stockholder to a judgment creditor upder the laws of Kansas may be enforced by an assignee of the judgment.-Whitman v. Citizens' Bank, U. 3. C. C. of App., Second Circuit. 110 Fed. Rep. 503.
49. Costs - Petition for Rebearing.–The cost of preparing petition for rehearing refused the prevalling party on appeal.-Young y. Hughes, Oreg., 66 Pac. Rep. 272.
50. COURTS-Amount in Dispute.-Under Manst. Dig. $$4026, 6014, 4124 (Ind. T. Aon. St. 1899, $$ 2706, 3219, 2804), a party joining several causes of action in replevin against the same defendants, each cause being within $300, may take judgment on each cause and consolidate the several sums into one judgment.Harris v. Castleberry, Ind. T., 64 S. W. Rep. 541.
51. COURTS-Stare Decisis.-A decision which has been repeatedly followed, and upon the faith of which vast property rights have been acquired, will not be overruled.-Uhl v. Reynolds, Ky., 64 S. W. Rep. 498.
52. CRIMINAL EVIDENCE – Election by State of More Than One Offense.- Where, on a prosecution for carry. ing a pistol, witnesses testitied to two offenses at dit. ferent times and places, the state should have been required to elect.-Holt v. State, Tenn., 64 S. W. Rep. 473.
53. CRIMINAL EVIDENCE-Good Character.-Evidence of general good character in a prosecution for larceny must be confined to defendant's cbaracter for hon esty and fair dealing.--State v. Conlan, Del., 60 Atl. Rep. 95.
54. CRIMINAL LAW – Good Cbaracter of Defendant.Instructions that good character of defendant in crim. ipal prosecution may generate a reasonable doubt of guilt held properly refused.-Eggleston v. State, Ala., 30 Soutb. Rep. 592.
55. CRIMINAL LAW-Principals in Misdemeanors.-In the commission of a misdemeanor, all persons aiding or eounseling are principals.-State v. Stark, Kan., 66 Pac. Rep. 243.
56. CRIMINAL TRIAL-Improper Comment by Attor. ney.-In a criminal prosecution, after the testimony on both sides bad closed, comment of the attorney general in his argument to the jury on the fact that defendant had offered no proof as to bis good char. acter was not improper.-State v. Davis, Del., 60 All. Rep. 99. 5 7. CRIMINAL TBIAL-Right of State to Waive Capital Punishment.--State solicitor held to bave no autbor. ity to waive capital punishment.--Roberts v. State, Ala., 30 South. Rep. 554.
58. DAMAGES-Injury to Foot.-A verdict for $2,000 is of the articles described be proved.-State v. Davis, not excessive for a painful injury to plaintiff's foot, Del., 50 Atl. Rep. 99. which will render him a slight cripple for life.-Bowl. 74. EMINENT DOMAIN-Legislative Determination of ing Green Stone Co. v. Capshaw, Ky., 64 S. W. Rep. Public Use.-Where the legislature has determined 507.
that the exigency exists for calling into exercise the 59. DAMAGES--Killing Minor.-The damages for the power of eminent domain, such determination is con. negligent killing of a minor are nominal only, when clusive both as to the object being a public use and there are no distributees.-Tutwiler Coal, Coke & Iron the propriety of exercising the power,-Tuttle v. Co, v. Enslen, Ala., 30 South. Rep. 600.
Moore, Ind. T., 64 $. W. Rep. 585. . 60. DEATH-Pecuniary Value of Intestate.-Measure 75. EQUITY-Cross-Bill for Afirmative Reliel.-In or. or'damages for negligent killing of plaintiff's intestate der to obtain affirmative relief, a defendant in chanheld to be the pecuniary value of life of intestate to cery must file a cross bill.-Hendrix,v. Southern Ry. his next of kin.-Louisville & N. R. Co. V. Jones, Ala., Co., Ala., 30 South. Rep. 596. 30 South. Rep. 586.
76. EQUITY – Decree Contrary to Practice.- Where 61, DEEDS-Compliance With Restrictiong.-Graptor a cause is submitted to chancellor in vacation, and of land for town site held barred by laches from com decree rendered, contrary to the statute and chancery pelling compliance with restrictions in deed as to dig. practice, the decree is void, and will not support an tance of buildings from street, etc.--Ocean City Assn. appeal.-Adams v. Wright, Ala., 30 South. Rep. 574. v. Headley, N. J., 50 Atl. Rep. 78.
77. EQUITY-Dismissal lor Want. of Equity.-Motion 62. DEEDS-Construction of Joint Estate.-A deed to dismiss a bill for want of equity should be naming "Cand the heirs of her body" as parties of the
sustained, if the facts apparent on the face of the bill second part, and conveying land to them, "their heirs
show complainant without right to equitable relief. and assigns," construed as creating a joint estate in C
-Blackburn v. Fitzgerald, Ala., 30 South. Rep. 568., and her children.-Combs v. Eversole, Ky., 64 S. W.
78. EQUITY-Effect of Reference.-Where defendant Rep. 524.
proceeds to trial after reference without insisting on 63. DBEDE-Presumption of Date of Delivery.--A
bearing op bill and answer, the cause stands on th deed will be presumed to have been delivered on the uncontroverted allegations in the bill and the referee's day of its date.-Williams v. Armstrong, Ala., 30 findings of fact.-Dudley V. Eastman (N. H.), 50 Ati. Soutb. Rep. 563.
Rep. 101. 64. DISMISSAL AND NONSUIT-Nonsuit After Dismis. 79. ESTOPPEL-Conduct.-Owner of homestead held sal.-When a court dismisses action, it is without estopped by conduct from evicting railroad company jurisdiction to entertain a subsequent motion for a from right of way over land,, though deed conveying nonsoit.-Stephenson V. Osage Coal & Mining Co., right of way is invalid.-Hendrii v, Southern Ry. Co., Ind. T., 64 S. W. Rep. 538.
Ala., 30 South. Rep. 596. 65. DIVORCE-Burden of Showing Unchastity.-Bur. 80. ESTOPPEL-Pleading Estoppel.-Estoppel as a de. den of showing unchastity of defendant before mar. fenge to a bill in equity must be pleaded.-Jones v. riago beld to be on plaintiff in an action by him for di. Peoples, Ala., 38 South. Rep. 564. vorce.-Garcin v. Garcin, N. J., 50 Atl. Rep. 71.
81. ESTOPPEL - Pleading Facts Necessary. - Tacts 66. DIVORCE_Collateral Attack of Decree Awarding
showing an estoppel in paio must be specially pleaded Custody -A decree of divorce awarding custody of a in order to be of any force.-Newhall v. Hatch, Cal., minor child cannot be collaterally attacked in habeas 66 Pac. Rep. 266. corpus proceeding for possession of the child.-Culwell 82. EVIDENCE-Ex Parte Amidavits.-Ex parte a fida. v.yranks, Ind. T., 64 S. W. Rep. 532.
vits, i made by strangers, attached to a bill for injunc67. DIVORCE - Corroborative Evidence,-Extreme tion held not admissible in evidence.-Turner v. Gon. cruelty as a ground of divorce must be shown by cor. zales, Ind. T., 64 S. W. Rep. 565. roborative evidence, whether the divorce asked is a 83. EVIDENCE-Judicial Notice of Harvest Time.-The mosna or a vinculo.-Garcin v. Garcin, N. J., 50 Atl. Rep. courts will take judicial notice of the time of planting 71.
and harvesting annual crops.-Payne v. McCormick . 68. BASEMENT8-Deed Does Not Pass Subsequently Harvesting Mach. Co., Okla., 66 Pac. Rep. 287. Created Easements.-A deed to realty, with the ap. 84. EXCEPTIONS, BILL OF-Motion to Strike Pleas.purtenances, will not pass an easement of a stairway, Rullngs of trial court on motion to strike pleas will which was not erected when the conveyance was not be reviewed, when they are not shown in the bill made.-Peters v. Worth, Mo., 64 S. W. Rep. 490.
of exceptions.-Cottingham v. Greely.Barnbam Gro. 69. KJECTMENT-Estoppel of Ancestor.-In eject. cery Co., Ala., 30 South. Rep. 560. mept, facts showing ancestor, through whom plaint. 85. EXECUTION - Construction Notice of Levy. ifts claim title, was estopped during her lifetime, held Where an execution was issued and levied in March, to constitate no defense.-Williams v. Armstrong, 1896, and then returned to the clerk's office without a Ala., 30 South. Rep. 568.
gale, the filing of the notice of the execution operated 70. EJECTMENT-Gift Against Subsequent Grant. as constructive notice to a subsequent purchaser.Where plaintiff received land by gift and went into Park v. McReynolds, Ky., 64 S. W. Rep. 517. possession, defendant cannot plead a bill of sale made 86. EXECUTION-Extent or Sale.-Under St. 1821, ch. 60, by grantor subsequent to the gift to defeat plaintiff. $$ 27-33, giving a person power to levy execution by Turper v. Gonzales, Ind. T., 64 S. W. Rep. 565.
extent and the state by sale, the state is confined to a 71. EJECTMENT-Intervener's Title.-Where, in eject. levy by sale.-Banton v. Griswold, Me., 50 Atl. Rep. ment, after judgment by default, an intervener is per. mitted to file an answer, and his title was derived 87. EXECUTION-Interest of Purchaser of Sale-Purfrom defendant since the action was commenced, such chaser at judicial sale held to acquire no greater in. angwer should be stricken out.-Merrill y, Martin, terest than that possessed by the original owner, Ind. T., 64 S. W. Rep. 539.
charged with all equities and existing defects in the 72. EMBEZZLEMENT — Agent's Conversion.-One ac. title.-Gray v. Denson, Ala., 30 South. Rep. 595. quiring money as agent, and afterwards conceiving 88. EXECUTION-Levy as Constructive Notice.- Where fraudulent intent of converting it, or fraudulently se. an execution was issued and levied in March, 1895, and creting it for such purpose, held guilty of embezzle. then returned to the clerk's office without a sale, the ment.-Eggleston v. State, Ala., 30 South, Rep. 582.
filing of the notice of the execution operated as con. 78. EMBEZZLEMENT-Proof of One Article of Many | structive notice to a subsequent purchaser.-Park v. Stolen.-In a prosecution for embezzlement of certain McReynolds, Ky., 64 S. W. Rep. 617. articles, it is sufficient if the embezzlement of any one ' 89. EXECUTION-Notice Migstating Name.-Under St.