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done by him with “her means "shall be deemed | married woman's contract, which fails to aver
to be done as her agent, and on her account, that it was in writing, signed by herself and
as to all persons dealing with him without husband, is demurrable.-Knox v. Childers-
notice, unless the contract which changes burg Land Co., (Ala.) 578.
this relation shall be recorded. Held not to conveyances and gifts between.
render a wife liable for debts incurred by a
husband in carrying on a mercantile business 1887, defining the rights of married women, a

21. Since the Alabama act of February 28,
in his own name with money belonging to deed from a husband directly to his wife vests
her, as the words “her means,” in said sec, the legal title in her, and ejectment may now
tion, are controlled by the context, and refer
only to property of a visible character, the be maintained based on such title.- Manning
possession of which is indicative of owner-

v. Pippen, (Ala.) 572.
ship, and of the same general nature as the based on her promise to execute her will, and

22. A conveyance by a husband to his wife,
species of property enumerated in the stat- devise to him one-third of her estate, includ.
ute.-Leinkauf v. Barnes, (Miss.) 402.

ing said lands, is based on a valuable consid-
Power to charge.

eration, and the recital in the deed of a val-
15. A married woman cannot bind her stat- uable consideration is open to parol evidence
utory separate estate so as to charge it with to show such promise. -1d.
& contract in the form of a will agreeing to

23. As before act Ala. Feb. 28, 1887, a con-
convey a portion of it to certain parties on her veyance by a husband directly to his wife
death.-Bolman v. Overall, (Ala.) 455. was absolutely void at law, though it might

give her an equity if otherwise valid, a pur-

chaser of the land at execution sale under
16. Where a wife, her husband joining, ex- judgment against the husband, between the
ecutes a trust-deed of her property to secure date of such conveyance and the passage of
payment of supplies to be advanced, and on the act of 1887, took it free from any rights
default the land is sold under the deed, and at law which that act would otherwise have
bought in by creditors, she cannot recover given to the wife by virtue of the convey-
against one who subsequently becomes the ance.-Maxwell v. Grace, (Ala.) 319.
owner, on the ground that the deed was not 24. Where a married woman claims her
valid to convey the corpus of her estate be- earnings accumulated in a small mercantile
cause given to secure her husband's obliga- business as her equitable separate estate, by
tion.-Walker v. Ross, (Miss.) 107.

way of gift from her husband, her claim will
17. Under Code Ala. 1876, $ 2707 et seq., a not be snstained, unless it is made clear that
deed by a husband and wife of her separate the husband intended to divest himself of all
estate, duly executed, attested, and acknowl. interest in such earnings, and to set them
edged, without fraud in its execution, the con- apart to the wife.—Bolman v. Overall, (Ala.)
sideration of which was in part a debt for ar- 455.
ticles of support furnished the family, and in
part a debt due by the husband, vests a legal

title in the grantee, and is a complete defense

25. Under Code Ala. 1886, 88 2341-3351, de.
to ejectment by the wife.-Conner v. Arm- priving the husband of any right of trustee.
strong, (Ala.) 449.

ship or control over his wife's statutory sep-

arate estate, and providing (section 2347) that
Contracts of wife.

"the wife must sue alone,
18. Code Ala. § 2345, provides that a mar- all contracts made by her, or engagements
ried woman cannot alienate her lands, or any into which she enters,

she must be
interest therein, without the assent and con- sued as if she were sole,” the husband is not
currence of the husband; manifested by his a necessary party to a bill to foreclose a ven-
joining in the alienation in the mode pre- dor's lien on land sold to a married woman as
scribed by law for the execution of convey- herstatutory separate estate, though he joined
ances of land. Section 2346 gives her full with her in the note for the purchase price.-
capacity to contract in writing, as if she were Ramage v. Towles, (Ala.) 342.
sole, with the assent of the husband. Held, 26. A husband, being sued, defended on the
that an agreement to sell land, executed by ground that the debt was his wife's, pot his.
the wife in writing, with the assent of the As a witness for himself, he was asked by the
husband expressed in writing, is as binding, plaintiff whether he had made certain repre-
and may be enforced in the same manner, as sentations in New York, in 1892, as to his rea.
if she were unmarried.-Knox v. Childers- sons for doing business in the name of his
burg Land Co., (Ala.) 578.

wife, and whether he was insolvent in that
19. Under Code Ala. $ 2350, providing that year. The questions were disallowed. Held
a wife may enter into and pursue any lawful error, as they tended to test the bona fides of
trade or business as if she were sole, if her the husband and wife in conducting the busi-
husband “has abandoned his wife or is a non-ness in her name.-McQuaid v. Fontane, (Fla.)
resident of the state, "contracts entered into 274.
by a wife on or after the date of the passage of

the act, are binding on her if her husband
has either abandoned her or is a non-resi. Of account stated, see Account Stated, 5.
dent; but she is not bound by those entered witness, see Witness, 10-15.
into before, unless her husband has both
abandoned her and become a non-resident.-

Implied Trusts.
Young y. Pollak, (Ala.) 279.

20. A bill for the specific performance of a See Trusts, 1-6.

* and upon


als., "


Right to compensation for, see Ejectment, By executors, etc., see Executors and Ad-
11, 12.

ministrators, 21, 22.

Mandamus to compel issuance, see Manda-

mus, 3,
Covenants against, see Covenants, 1.

To restrain diversion of surface water, see

Surface Water.


1. The supreme court, whose jurisdiction in

equity causes is simply appellate, will pot is

sue a temporary injunction pending the ap-
Allegation of ownership, see Arson, 1-3. peal in a cause before it, on an appeal from
Motion to quash, formation of grand jury, see an order of the circuit court denying the in-
Criminal Law, 4.

junction asked for, where it is sought to re-
Necessity of, see Constitutional Law, 9.

strain a suit at law, and the facts on which it
Particular crimes, see Burglary, 1; Carry is asked constitute a good defense by an equi-

ing Weapons, 2; Disturbance of Public table plea to the legal suit. -Cohen v. L'En-
Worship; False Pretenses, 1, 2; Forgery, gle, (Fla.) 235.
3, 4; Perjury, 1; Receiving Stolen Goods. 2. Where defendant sold complainant's prop-

erty under a deed of trust, and sued for the
Finding and filing.

balance alleged to be due on the note secured
1. The fact that the district attorney ap-by it, the chancery court has jurisdiction of a
peared before the grand jury, and assisted in bill charging fraud in the sale, and usury in
the examination of witnesses, is no ground the note, and praying that the prosecution of
for quashing an indictment.--State v. Adam, defendant's suit be restrained. — Adams v.
(La.) 30.

Ball, (Mo.) 109.
2. If it appears, from the whole tenor of the Rights enforced and wrongs pre-
proceedings, that an indictment against sey-

eral persons, therein charged jointly with an
offense, properly indorsed as against “A. and

3. Where parties financially irresponsible,
was presented in open court by the without valid title, but claiming under a roid
grand jury, the fact that, in his minutes of attachment sale, cut timber constituting the
the day, the clerk erroneously copied the title principal value of land purchased, of which
so as to make it read as against "A." Only, others claiming under a purchase in bank-
cannot vitiate the proceedings. — State v. will enjoin the continuance of such trespass

ruptcy proceedings are in possession, equity
Banks, (La.) 18.

at the instance of the latter, on the ground of
Description of person-Misnomer. the inadequacy of the remedy at law, and the

3. Defendant was indicted for the murder irreparable nature of the injury. Sullivan v
of Churchill, and there was evidence that the Rabb, (Ala.) 746.
name of deceased was Churchwell, and other 4. Complainant alleged that he was the ex-
that deceased was as well known by the name clusive owner of the right to sell cigars and to-
of Churchill as by Church well, his true name.

bacco in an hotel, and that defendant, having
Held that, independent of the names being rented space in the hotel office, had sublet to
idem sonans, there was no error in the ver F., allowing him to sell cigars, etc. Held,
dict of conviction.-Reddick v. State, (Fla.) that an interlocutory injunction restraining

defendant from interfering with the ease-

ment claiined by complainant was properly

dissolved, on defendant's answer that he had

neither an interest in the business of F., por
See Negotiable Instruments, 4.

any control over it. - Clay v. Powell, (Ala.)


Restoration of property.

5. Where defendant sold complainant's pron-
See, also, Guardian and Ward.

erty under a deed of trust, and sued for a bal-
Land of infant taken in condemnation pro-ance alleged to be due, on a bill charging

ceedings, see Eminent Domain, 2, 3. fraud in the sale, and usury in the note, and
Sale of liquor to minor, see Intoxicuting Liq. praying that the prosecution of defendant's
wors, 2.

suit be restrained, a preliininary injunction is

proper, but an order for the restoration of the
Ratification of contract.

property is improper.-Adams v. Ball, (Miss.)
Where one executes a chattel mortgage 109.
while an infant, mere acquiescence or failure Review on appeal.
to disaffirm by some positive act of repudia-
tion, after attaining majority, is not a legal

6. Upon an appeal from an order granting
ratification.-Hill v. Nelms, (Ala.) 796.*

an injunction, the action of the chancellor
will not be reversed, unless it is clear that he

has committed an error or abused a sound ju-

dicial discretion in granting it.-McKinne v.

Dickenson, (Fla.) 34.
See Indictment and Information.

7. Where the hearing of an application for

an injunction is upon bill, answer, and affi- | defendant's agents were instructed to take no
davits in support of the bill, and the answer risks on merchandise of married women, of
fails to explain as fully as it should a material which plaintiff was ignorant.-Queen Ins. Co.
point in the case, and the action of the chan- v. Young, (Ala.) 116.
cellor in granting the injunction is, as to this
point, supported by the bill and the affidavits, Insurable interest.
though controverted by the answer to the ex- 2. A plea to an action on a policy averring
tent that the latter goes, it cannot be said that when plaintiff purchased the goods in-
that the chancellor has abused his discretion, sured, (a stock of merchandise,) she was, and
or committed any error justifying the inter still remained, a married woman; that she
position of the appellate court.-Id.

purchased them on credit, had not paid, and

refused to pay, for them, and denied her lia-
Action on bonds.

bility, and that hence she had no insurable
8. In a suit on a bond given for an injunc interest therein, with no allegation that she
tion against the further prosecution of a suit bad no separate estate which she could and
therein recited, the obligors are estopped did bind for the payment of the goods, or that
from denying that there was such a suit pend- her husband dissented from the purchase, -is
ing.--Person v. Thornton, (Ala.) 470.

insufficient, as in either case she could make
9. It may be shown aliunde that the bond a purchase valid as to third parties.-Id.
erroneously recites the name of the nominal 8. After a policy of insurance on a stock of
defendant in the suit sought to be restrained, goods has been assigned to plaintiffs with the
and that there was a suit pending in which consent of the defendant company, an objec-
the person so recited as defendant was the tion that plaintiffs have only an equitable in-
real party in interest, though others were the terest in the goods is without merit.-Home
nominal defendants.-Id.

Protection of North Alabama v. Caldwell,
10. A decree for damages on the injunction (Ala.) 338.
bond before final hearing is improper.-Ad-
ams v. Ball, (Miss.) 109.


4. Complainant held fire policies in defend-

ant companies which defendants' agent,
11. Under Code Miss. $ 897, giving the through whom they were procured by com
county all remedies to which individuals are plainant, assumed to cancel, and to substitute
entitled, a county must pay the attorney's fees therefor policies in other companies, without
of fence commissioners on dissolution of an in- the knowledge of complainant, who was a for-
junction wrongfully sued out by the county eign woman, and ignorant of her legal rights.
against the commissioners.-Freeman v. Su. After her property was destroyed, she brought
pervisors, (Miss.) 516.

suit on the substituted policies; her attorneys

being led by the agent to believe that the no-
In Pais.

tice of cancellation of the original policies had

been served on her authorized agent, and that
See Estoppel.

those policies were no longer in force. It did

not appear that complainant knew that the

substituted policies had been procured upon

the representation that there was no other in-
See, also, Assignment for Benefit of Credit- surance on the property. Held, that there

was no ratification of the attempted cancella-

tion, nor any abandonment of her vested
Of life insurance companies, claims of policy rights under defendants' policies.-Niagara
holders, see Insurance, 20.

Fire Ins. Co. v. Raden, (Ala.) 876.
Appointment of syndic-Appeal.

5. A provision in a policy of fire insurance,

that it may be terminated at any time by the
A judgment or decree appointing a provis- company by giving potice" to the person who
ional syndic in an insolvency proceeding, un may have procured this insurance to be
der Rev. Civil Code La. art. 3093. cannot be taken, ” does not apply to a case where the per-
suspensively appealed from. It must be exe-
cuted, although an appeal was granted from of the company to issue it. If susceptible of

son who procured the insurance was the agent
it, and was perfected.-State v. Ellis, (La.) such a construction, the provision would be

contrary to public policy.-Id.

Application-Part of policy.
See Criminal Law, 33-44; Trial, 7-15.

6. In an application for an insurance policy

containing a reference to a clause making ex-

ceptions, the latter clause forms a part of the
application. The application and the policy

must be construed as one instrument. -Wein-
see, also, Marine Insurance.

berger v. Merchants' Mut. Ins. Co., (La.) 728.
Action on policy, real party in interest, see
Parties, 2.

Conditions of policy.
Exemption of policy from execution, see Ex- 7. A policy described the property as a
emptions, 2.

"dwelling-house, when completed to be occu-

pied as a private dwelling-house, ” and pro-

vided that if it should become vacant without
1. A policy on a stock of merchandise pur- written permission indorsed on the policy, the
chased by a married woman is valid, though policy should be void, and all insurance im.

mediately cease. At the time of the negotia- thority from his principal.-Insurance Co. of
tions the building was being erected. It was North America v. Forcheimer, (Ala.) 570; Ni-
intended that the house should be leased on agara Fire Ins. Co. v. Raden, (Ala.) 578.
completion, and the company's agents were
so informed, and it was leased two months

Actions on policies—Limitations.
after the issuing of the policy, but afterwards 15. A condition in a policy that no suit
became vacant, remaining so 14 days, when it against the insurer shall be sustained unless
was burned. The assured having had knowl-commenced within 12 months next after the
edge of the vacancy, and not having procured loss, and that the lapse of this period shall be
permission therefor, held, that the policy was conclusive evidence against the validity of
forfeited.-Royal Ins. Co. v. Lubelesky, (Ala.) any claim asserted in any subsequent action,
768. *

is a bar to a suit commenced 12 months after
Conditions of policy-Waiver.

the loss, it not appearing that this condition

was waived by the insurer.-Ohio v. Western
8. Where a company, by its habits of busi. Assur. Co., (Miss.) 102.
ness, creates in the mind of a policy-holder
the belief that payment of premiums may be

delayed until demanded, or otherwise waives 16. In an action on an insurance policy, the
the right to demand a forfeiture, this is bind- plea set out a provision of the policy that it
ing on the company, notwithstanding the pol- should become void if the assured was not the
icy expressly provides for a forfeiture on non- sole and unconditional owner of the property,
payment of premiums when due.-Home Pro- or if the building stood on ground not owned
tection of North Alabama v. Avery, (Ala.) by him in fee-simple, or if his interest was not

truly stated, unless the consent of the com-
9. The omission by defendant to notify pany was indorsed thereon; and averred that
plaintiff that it claimed a forfeiture of the pol. The policy was issued to the assured on prop-
icy for the breach of a clause against addi.erty described therein as "his;" that when
tional insurance is no waiver of the forfeiture, the insurance was effected and the loss oc-
when defendant only learned of the breach curred he had but a leasehold in the land, and
after the loss.-Queen Ins. Co. v. Young, held the property under an executory con-
(Ala.) 116.

tract of purchase, which provided that if he
10. A local soliciting agent of an insurance failed to make either of the stipulated pay-
company cannot, without express authority, ments the contract should determine at the
waive å forfeiture for breach of a clause vendor's option; and further alleged that the
against additional insurance, after the destruc- assured had paid nothing when the policy is.
tion of the goods.--Id.

sued, and had no other title. Held a good de-
11. Under a provision in the policy that an fense. --Brown v. Commercial Fire Ins. Co.,
appraisement of the damage by arbitrators (Ala.) 500.
shall neither determine the validity of the 17. It was not necessary that the plea should
contract, the company's liability, nor any negative the indorsement of consent on the
question but the amount of the loss, an agree policy. Such consent is proper matter for
ment by an adjuster, who represents both de replication.-Id.
· fendant and the company taking the addition. 18. In an action on an insurance policy,
al risk, agreeing upon the appointment of ar- plaintiffs' petition prayed for a reformation
bitrators to appraise, with the stipulation that of the policy, and for recovery on the policy
no other question shall be thereby affected, is itself. Held, that there was no inconsistency
no waiver of the forfeiture for breach of a in such alternative prayers, and defendant's
clause against additional insurance.--Id. motion to compel plaintiffs to elect whether

they would proceed on the demand to reform
12. A replication alleging that the assured the policy or on the policy itself, was properly
applied for insurance to A;, an insurance Ins. Co., (La.) 728.

overruled.-Weinberger v. Merchants' Mut.
agent at a place named, and soon after re.
ceived the policy sued on, and paid him the Mutual benefit insurance.
premium, and did not pay him commissions or 19. The charter of a mutual benefit associs
any other remunerations, and that the only tion provided that notices of assessments
transactions between the assured and the posted in the rooms of the Cotton Exchange
company were those had with A., does not should be deemed proper notices to all mem-
sufficiently plead A.'s agency for the compa- bers. Members were required to be members
ny:-Brown v. Commercial Fire Ins. Co., or employés of the exchange, but it was also
(Ala.) 500.

provided that "any member may withdraw
13. Code Ala. 1896, § 1205, providing that from the Cotton Exchange without severing
any person * who inspects any risk, his connection with this association, "and in
*** or does any other thing in the making course of time a class of members arose wbo
of a contract of i surance, ”for or with an un- had ceased to be members of the exchange,
licensed foreign insurance company, shall be and had lost the privilege of access to its
held to be an agent of such company, does not rooms, and the company adopted the custom
apply to a person who inspects a risk already of sending by mail written notices of assess-
taken, and such person is not liable to the ments to all such members, and even to others
penalties prescribed for acting as such agent who requested it. Deceased had ceased to be
by section 3897.-Ex parte Robinson, (Ala.) a member of the exchange, and notices had

been sent to him for several years, until one
14. An agent to procure insurance has no which he failed to receive, whereupon he was
power to cancel a policy without express au-I suspended, and forfeited his rights as a mem.

ber. Held, that the company was estopped to | 1880, $ 1115, as amended by act Feb. 23, 1886,
claim that deceased was entitled to no other makes the sale to a minor an offense, whether
notice than the posting.-Gunther v. New Or- the dealer knew that he was a minor or not.
leans Cotton Exch. Mut. Aid Ass'n, (La.) 65. -Id.
Insolvent company-Claims of pol-

Criminal prosecution.

3. On indictment under Laws Fla. c. 3413,
20. Where a life insurance company becomes $11, for carrying on the business of dealer in

spirituous, vinous, and malt liquors, without
insolvent and dissolves, the claims of policy:
holders become debts due in prosenti, and sold was either spirituous, vinous, or malt

a license, the state must prove that the liquor
entitle their owners to the benefit of the laws liquor. Evidence that the liquor sold was
relating to the individual liabilities of stock beer” is not suficient, unless it be shown
holders of corporations.-McDonnell v. Ala- that it was “malt beer. "-Netso y, State,
bama Gold Life Ins. Co., (Ala.) 120.

(Fla.) 8.

Appellate jurisdiction.

4. The constitution of Florida gives to any

criminal court of record that may be estab-
Insurable, see Insurance, 2, 3.

lished by the legislature in a county juris.
Judicial notice of rates prevailing in other diction of all criminal cases not capital which
states, see Evidence.

may arise in the county, and provides that the
When allowed.

circuit court shall have final appellate juris.

diction of all misdemeanors tried in them, and
1. The body of a note made no reference to that the supreme court shall have appellate
interest, but in the margin were figures rep- jurisdiction of cases of conviction of felony by
resenting both principal and interest from them. Held, that the sale of liquors contrary
date to maturity. A mortgage, executed as to act Fla. 1887, (chapter 3700,) for the enforce-
part of the same transaction, recited that it ment of the nineteenth, or local option, article
was given to secure the payment of this note, of the constitution, is a misdemeanor, under
"with interest from its date to maturity.”

the terms and effect of the third section of said
Held that, construing the two instruments act making such sale a misdemeanr, and of
together, they sufficiently show that the note Const. art. 16, $ 25, defining a misdemeanor as
bears interest from date-Prichard v. Miller, any criminal offense punishable with death
(Ala.) 784.

orimprisonment in the state penitentiary, and
On judgment.

a judgment of conviction thereof, rendered
2. A judgment enforcing a contract execut- by a criminal court of record, is subject to be
ed in another state was reversed because it reviewed by the circuit court. -State v. Butt,
included interest from the institution of the

(Fla.) 597.
action, without any evidence of the rate of in-

terest applicable to the contract having been
given. Held that interest could not be award. See, also, Justices of the Peace.
ed from the time the judgment was rendered
at the rate prevailing in the state where the Salary.
action was prosecuted, on the assumption 1. As the act Miss. March 8, 1858, relating to
that the liability on the contract had been judicial districts, did not remove from office the
merged in the judgment; the effect of the re- circuit judges and chancellors not thereby as-
versal being to expunge the judgment in the signed to the districts created by the act, but
court below.-Insurance Co. of North Amer. permitted them to continue to discharge their
ica v. Forcheimer, (Ala.) 870.

duties in their old districts till the expiration
of their terms, such judges and chancellors

are entitled to the benefit of section 35 of the

act, allowing each chancellor and judge a sal-
Local option law, title of act, see Constitu- ary of $2,750 per annum, instead of his former
tional Law, 5.

salary of $2,500.-Stone v. Wharton, (Miss.)

Construction of bond.

Powers-Adjournment of court.
1. Where a retail liquor dealer gave a bond 2. Under Rev. St. La. 1870, $ 1934, a district
conditioned for the observance of all the judge has the discretionary power to adjourn,
provisions of the Revised Code of 1880," he by a written order to the sheriff, a regular
was bound to observe such Code as amended term of the court, to any day preceding the
and in force at the time of the execution of next regular session, as he thinks proper; and
the bond.-O'Flinn v. State, (Miss.) 390.

to require the attendance of jurors accord-
Sale to minor.

ingly.-State v. Pate, (La.) 21.
2. Where a minor goes into a saloon, and
buys liquor from a person standing behind the

bar and transacting business, though such
person is not the dealer er an authorized Appealable, see Appeal, 4.
clerk, a condition in the bond of the dealer Collateral attack, see Criminal Law, 48.
against the sale of liquors to minors is violated Correction on appeal, see Appeal, 16.
where it is not shown that the person selling Creditors' right to redeem, see Assignment
the liquor was a mere interloper, as Code Miss. for Benefit of Creditors.

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