§ 2. Distribution of governmental powers and functions. Act March 5, 1901, authorizing the change of county boundaries, held not unconstitutional as a delegation of legislative powers, in providing that it should only take effect on a vote of the electors in the district affected thereby.-Jackson v. State (Ala.) 380. § 2. Personal, civil, and political rights. Alimony or maintenance from a husband is not a debt, within the constitutional prohibition of imprisonment for debt.-Bronk v. State (Fla.) 248. § 3. Retrospective and ex post facto laws. Act July 9, 1896, providing for the disbarment of an attorney convicted of a felony or guilty of gross professional misconduct, is unconstitutional, as a violation of the federal constitution prohibiting the passage of bills of attainder, in authorizing the disbarment of an attorney in a civil suit, thereby imposing a ¦ punishment for which he was not liable when the acts were committed.-State v. Fourchy (La.) 325. 4. Due process of law. An ordinance requiring the inspection of laundries and payment of a fee by the owner thereof is not unconstitutional as the taking of property without due process of law. -City of New Orleans v. Kee (La.) 1014. 5. Right to justice and remedies for injuries. A constitutional declaration that every person shall have adequate remedy by due process of law does not take from the legislature the power to prescribe reasonable rules relative to costs incurred.-Grinage v. Times-Democrat Pub. Co. (La.) 682. CONTEST. Of will, see "Wills," § 3. CONTINUANCE. In criminal prosecution, see "Criminal Law," § 12. In a case on homologation of a final tableau, where hearing was fixed for September 28th, and on that day was postponed to the 15th of October, and again postponed to the 29th of October, and the attorney of the opponent at the latter postponement consents thereto, he cannot, at the calling on the 29th of October, claim a continuance because not notified by posting.-Berry v. American White Lead & Color Works (La.) 733. Continuance for failure of defendant to produce a deposition after permission to plaintiff to take the same held properly denied.-Wetta v. New Orleans & C. R. Co. (La.) 775. Reformation, see ments." ance. "Reformation of Instru Specific performance, see "Specific PerformSubrogation to rights or remedies of creditors, see "Subrogation." Contracts of particular classes of parties. See "Building and Loan Associations," "Carriers,"§ 1; "Corporations," § 6; "Counties,' § 2; "Insane Persons," § 2; "Master and Servant"; "Municipal Corporations," § 4; "States." § 2; "Warehousemen." Guardians, see "Guardian and Ward," § 2. Contracts relating to particular subjects. See "Interest"; "Intoxicating Liquors," § 7; "Waters and Water Courses," § 3. Exemption of telegraph company from liability for mistake in transmitting message, "Telegraphs and Telephones," § 1. Transportation of goods, see "Carriers," § 1. Particular classes of express contracts. see See "Bills and Notes"; "Depositaries"; "Guaranty"; "Insurance"; "Landlord and Tenant"; "Partnership"; "Principal and Agent"; "Principal and Surety"; "Sales"; "Vendor and Purchaser." Bills of lading, see “Carriers." § 2. Particular classes of implied contracts. See "Assumpsit, Action of"; "Money Received"; "Work and Labor." Particular modes of discharging contracts. See "Accord and Satisfaction"; "Payment." 1. Requisites and validity. An illegal stipulation in a contract which is entire in its nature will vitiate the whole contract.-Sims v. Alabama Brewing Co. (Ala.) 35. Contract held severable, and part of it enforceable, without respect to the legality of the balance.-Sims v. Alabama Brewing Co. (Ala.) 35. A contract cannot be avoided for fraudulent representations, unless damage is shown.-Bomar v. Rosser Ala.) 430. Refusal to charge that fraudulent representations could not avoid note, unless damage was Rosser (Ala.) 430. shown, held error under the facts.-Bomar v. A contract by an unauthorized agent of defendant, of which defendant had no knowledge. not being binding on defendant, does not bind plaintiff.--Davis v. Walker (Ala.) 554. Notes given on promise not to prosecute for embezzlement held void as against public policy.-United States Fidelity & Guaranty Co. v. Charles (Ala.) 558. A contract based on a promise or agreement to conceal or keep secret a crime which has been committed is opposed to public policy, and void, and the fact that it contains an additional consideration that is legal and valuable makes no difference.-Folmar v. Siler (Ala.) 719. Wife held not entitled to recover money paid out by her husband in an attempt to fraudulently obtain title to certain land, which he afterwards conveyed to her, on her title being set aside.-Hamblet v. Harrison (Miss.) 580. § 2. Construction and operation. Under contract to pay Y., if he shall disclose the whereabouts of B., so as to enable S. to effect his capture, Y. must furnish information of facts actually in existence, which in itself is enough to enable S. to effect the capture.Cash v. Southern Exp. Co. (Ala.) 936. CORPORATIONS. Where a contractor has unadvisedly refused to perform his contract, he may, while the situation of the matter is unchanged, retract Quo warranto, see "Quo Warranto." the refusal.-Perkins v. Frazer (La.) 773. The rights of parties to a contract are to be determined by that interpretation which gives the greater assurance of arriving at their intent. -Linehan Ry. Transfer Co. v. New Orleans & N. W. R. Co. (La.) 1026. A contract between defendant railroad company and plaintiff ferry company construed, and held, that the contract terminated at the end of 10 years, with the right in defendant, if he did not wish to renew it, to purchase the property at a fair price.-Linehan Ry. Transfer Co. v. New Orleans & N. W. R. Co. (La.) 1026. Specifications for a bridge, on the strength of which bids were made, and which showed "borings" near where each pier was to be sunk, held to represent merely that the earth was of the composition represented where the "borings" were made, and not to warrant that the same conditions existed where the piers were to be sunk.-Groton Bridge & Mfg. Co. v. Alabama & V. Ry. Co. (Miss.) 739. § 3. Actions for breach. A contract in which reference was made to certain specification held, under the circumstances, admissible without the specifications, in an action thereon.-Terrell Coal Co. v. Lacey (Ala.) 109. In an action for property agreed to be paid to plaintiff, held error to refuse an affirmative charge for defendant, for plaintiff's failure to prove a demand.-Ingram v. Bussey (Ala.) 967. Where a complaint for property which defendant had promised to pay plaintiff did not aver a demand of the property, or failure to deliver, or any facts showing that a demand would have been useless, a demurrer should have been sustained.-Ingram v. Bussey (Ala.) 967. Particular classes of corporations. See "Building and Loan Associations"; "Mu- Surety companies, see "Principal and Surety,” Courses, § 4. 81. Incorporation and organization. The failure of the probate judge who signs a certificate reciting the filing of a declaration of incorporation, filed under Code, § 1252. does not invalidate such certificate.-Owensboro Wagon Co. v. Bliss (Ala.) 81. The substitution of the word "conveyance" for the word "declaration" in a certificate reciting the filing of a declaration of incorporation held not to invalidate the incorporation.Owensboro Wagon Co. v. Bliss (Ala.) 81. Proceedings for the creation of a corporation, defective in the failure of the probate judge to record a certain certificate and issue a certifcate of incorporation, held, when acted on, to a de facto corporation.-Owensboro create Wagon Co. v. Bliss (Ala.) 81. The filing of certain instruments in the office of the probate judge, as required by Code. § 1255, held constructive notice of the existence of a de facto corporation.-Owensboro Wagon Co. v. Bliss (Ala.) 81. The removal by the president of the corporation of a certificate filed by the corporation under Code, § 1255, without its being recorded. held not to defeat the existence of the corporation as a de facto corporation.-Owensboro Wagon Co. v. Bliss (Ala.) $1. The failure of a de facto corporation to pay the state and county licenses to do business prior to the purchase of certain goods does not affect its status as a de facto corporation, and render its stockholders liable as partners.Owensboro Wagon Co. v. Bliss (Ala.) S1. The failure of a de facto corporation to nay the incorporation fee prescribed by Code, § 1287, does not prevent it from being a de facto corporation.-Owensboro Wagon Co. v. Bliss (Ala.) 81. § 2. Corporate existence and franchise. A person contracting with a de facto corporation exercising corporate functions will not be heard to deny the existence of such corporation in an action on the contract against its Wrongful conversion of personal property, see stockholders.-Owensboro Wagon Co. v. Bliss "Trover and Conversion." CONVEYANCES. In fraud of creditors, see "Fraudulent Con- Of lands held adversely, see "Champerty and Conveyances by or to particular classes of See "Infants," § 2; "Insane Persons," § 1. Separate property of married women, see "Hus- (Ala.) 81. § 3. Capital, stock, and dividends. Ignorance of the law held no ground for rescission of contract.-Merritt v. Morriss (Ala.) 477. § 4. Members and stockholders. Stockholders of a de facto corporation, not intending or agreeing to become partners, are not liable as partners for the corporation debts. -Owensboro Wagon Co. v. Bliss (Ala.) 81. Provision in the charter and by-laws of a corporation that differences between the cor Water rights, see "Waters and Water Cours-poration and its stockholders shall be submit es, $ 3. Particular classes of conveyances. See "Assignments"; "Assignments for Benefit of Creditors"; "Chattel Mortgages"; "Deeds"; "Mortgages." ted to arbitration is invalid and nonenforce able. State ex rel. Watkins v. North American Land & Timber Co. (La.) 172. A court will, where a petition by a stockholder shows gross mismanagement of the business of the corporation, interfere with the control of the directors.-Watkins v. North American Land & Timber Co. (La.) 683. Petition by stockholder held to show gross mismanagement on the part of the directors.Watkins v. North American Land & Timber Co. (La.) 683. A petition of a stockholder, alleging gross mismanagement and that complainant has exhausted all available means for obtaining redress, and impleading the corporation and one to whom the corporation has sold its assets, and praying that the sale be set aside for lesion beyond moiety, shows a cause of action.-Watkins v. North American Land & Timber Co. (La.) 683. In petition by a stockholder to annul a sale by the corporation, because of lesion beyond moiety, it is not necessary to allege that complainant or any one else is willing to buy the property at double the amount of the price of the sale complained of.-Watkins v. North American Land & Timber Co. (La.) 683. Officials of a corporation have no right to extend favors to certain of the shareholders at the expense of the corporation or of the body of the shareholders. Davies v. Monroe Waterworks & Light Co. (La.) 694. 5. Officers and agents. In an action by a stockholder against the president of a corporation for refusal to allow him to inspect the corporate books, where there is no bad faith, the damages are those which are the proximate result of the refusal.-Bourdette v. Sieward (La.) 630. Officials in charge of the business of a corporation should live at the domicile of the company, and cannot charge the company for trayeling expenses to and from their homes.-Davies v. Monroe Waterworks & Light Co. (La.) 694. § 6. Corporate powers and liabilities. The burden of proving that a contract of a corporation is ultra vires is on the one impeaching its validity.-Allen v. West Point Min. & Mfg. Co. (Ala.) 462. Corporation held liable on its note for borrowed money, though the money was never received by it, being misapplied with its officer's consent. Allen v. West Point Min. & Mfg. Co. (Ala.) 462. Corporations are creatures of law, and have only such powers as the state may grant them. -Milwaukee Trust Co. v. Germania Ins. Co. (La.) 298; In re Germania Ins. Co., Id. § 7. Insolvency and receivers. Evidence on application for appointment of a receiver held insufficient to require order therefor. In re John Lange Land & Improvement Co. (La.) 51. Where there are debts and assets of a defunct corporation, a receivership held necessary. -State ex rel. Brittin v. City of New Orleans (La.) 55. Receiver of defunct corporation having assets and debts should be clothed with power to take possession of assets and distribute them. State ex rel. Brittin v. City of New Orleans (La.) 55. It is good ground for the appointment of a receiver to a corporation that the directors are jeopardizing the rights of stockholders or the creditors.-Davies v. Monroe Waterworks & Light Co. (La.) 694. The question whether a receiver should be appointed for a corporation is for the court.-Davies v. Monroe Waterworks & Light Co. (La.) 694. 1 1059 Where a case for receivership of a corporation is made out. it is no ground for denying the expenses. - Davies v. Monroe Waterworks & application that it will entail large costs and Light Co. (La.) 694. Unpaid subscriptions to the capital stock of lected by its receiver.-Campbell v. Chapman an insolvent corporation are required to be col(Miss.) 101. § 8. Dissolution and forfeiture of franchise. ter, there must have been ultra vires acts, willful To warrant forfeiture of corporation's charand continued, and relating to some franchise granted.-State v. Southern Building & Loan Ass'n (Ala.) 375. Information to forfeit charter of corporation generally abuse of franchise.-State v. Southern must set forth specific facts, and not allege Building & Loan Ass'n (Ala.) 375. Minority stockholders of corporation which entitled to have its assets distributed.-Noble had been abandoned by its stockholders held v. Gadsden Land & Improvement Co. (Ala.) 856. Where a private corporation, created by a state law, misuses its franchise, and the acts are willful and repeated, they constitute ground for the forfeiture of the franchise.-State v. New Orleans Waterworks Co. (La.) 395. A provision of the charter of a corporation requiring 30 days' notice to stockholders of a meeting to consider the question of the dissolution and liquidation is mandatory.-Davies v. Monroe Waterworks & Light Co. (La.) 694. § 9. Foreign corporations. foreclose a mortgage, which shows that the A bill by a foreign building association to lands lie and the mortgagor resides in the state, is not demurrable as showing a transaction occurring in the state, within Code, § 1316 et seq.-American Building. Loan & Tontine Sav. Ass'n v. Haley (Ala.) 88. ciation to foreclose a mortgage fails to allege Although a bill by a foreign building assocompliance with Code, § 1316 et seq., it is not demurrable, unless it shows on its face that the transaction giving rise to the mortgage occurred in the state.-American Building. Loan & Tontine Sav. Ass'n v. Haley (Ala.) SS. A foreign corporation, not engaged in interstate commerce, can do business in the state only on the conditions imposed by the law of the state.-State ex rel. Watkins v. North American Land & Timber Co. (La.) 172. Where a foreign corporation has established an office in the state and designated an agent diction to determine a cause against the corpoon whom process can be served, it gives jurisration, irrespective of citizenship or the subject-matter.-State ex rel. Watkins v. North American Land & Timber Co. (La.) 172. Where a foreign coporation fails to keep its books within the state, as required by the constitution, and there is no officer having control of such books within the reach of the process of the state, mandamus will not issue commanding inspection: but where there are other books within the state. in the custody of an agent of such corporation, it may be compelled to allow inspection to a stockholder. whether resident or nonresident.-State ex rel. Co. (La.) 172. Watkins v. North American Land & Timber CORRECTION. Of assessment of taxes, see "Taxation." § 2. § 1. Security for payment. Where the attorney general, under Rev. St. § 1781 et seq., institutes proceedings in quo warranto to oust a respondent from a public office, and have it judicially determined that a person claiming title to the office is rightfully entitled, the person so claiming the office is not required to give bond for costs.-Simonton v. State (Fla.) 821. § 2. On appeal or error, and on new trial or motion therefor. Appellate courts have jurisdiction over costs which depend on the event of the suit and are to be paid after its termination.-State ex rel. Johnson v. Judges of Court of Appeals for Parish of Orleans (La.) 645. Where there remains an undecided question regarding the costs after decision on appeal, the court by which the judgment is rendered has jurisdiction to determine it.-State ex rel. Johnson v. Judges of Court of Appeals for Parish of Orleans (La.) 645. Where a judgment was rendered by the supreme court, such court is vested with jurisdiction of a rule to tax costs on its own judgment. -State ex rel. Johnson v. Judges of Court of Appeals for Parish of Orleans (La.) 645. Costs of a prior suit on appeal follow the judgment.-King v. King (La.) 894. CO-TENANCY. See "Tenancy in Common." COUNTERCLAIM. See "Set-off and Counterclaim." COUNTERFEITING. See "Forgery." COUNTIES. See "Municipal Corporations." 1. Nature, extent, and exercise of jurisdiction in general. A court will not entertain suits involving visitorial power over foreign corporations, nor regulate their internal management, unless it acquires complete jurisdiction and is able to enforce its determination with complete justice.-State ex rel. Watkins v. North American Land & Timber Co. (La.) 172. The court will decline to exercise jurisdiction, intended to be complete, where it has no power to enforce the determination.-State ex rel. Watkins v. North American Land & Timber Co. (La.) 172. § 2. Establishment, organization, and procedure in general. Where an order adjourning court provides that it be reconvened on Monday, December 4th, and held for two weeks, and nothing appears to the contrary, the term will be presumed to have ended on Saturday, December 16th. Richter v. Koopman (Ala.) 32. An adjournment of the Elmore county court held, in consideration of Loc. Acts 1898-99. p. 257, a mere adjournment during the term, which would not prevent a jury trial on the day to which the court was adjourned.-Walkley v. State (Ala.) 854. Under Laws 1899, c. 4766, abolishing the county court of Alachua county, no formal certificate of transfer was necessary to remove causes formerly within the jurisdiction of such court to other courts having jurisdiction to try them.-Easterlin v. State (Fla.) 350. § 3. Courts of general original jurisdiction. A court, vested with jurisdiction ratione materiæ and ratione personæ, held competent to pass on the constitutionality of a statute under which a criminal prosecution is connected.State ex rel. Wynne v. Lee (La.) 14. County attorneys, see "District and Prosecut- $4. Courts of appellate jurisdiction. ing Attorneys." The supreme court will issue writs to inValidity of act authorizing change of bound-tures of the causes submitted.-State ex rel. ferior courts according to the exceptional feaaries as delegation of legislative powers, see Sorrel v. Foster (La.) 57. "Constitutional Law," § 2. § 1. Government and officers. A resolution of a police jury held sufficient authority for the president to institute suit and stand in judgment therein.-Police Jury of Parish of Avoyelles v. Corporation of Mansura (La.) 650. Const. 1879, art. 90, and Const. 1898, art. 94, give the supreme court general supervision of inferior courts.-State ex rel. Sorrel v. Foster (La.) 57. Where the court of appeals acted upon an application for rehearing and denied the same, its action is decisive of the question as to Taxpayers of a parish have a right to implead whether the application was duly made.-Milthe police jury and question the constitutionali-waukee Trust Co. v. Germania Ins. Co. (La.) ty of any act or ordinance of that body.-Hud- 298; In re Germania Ins. Co., Id. son v. Police Jury of Claiborne Parish (La.) 868. § 2. Property, contracts, and liabilities. Under Code 1892, § 344, a contractor for the repair of a county bridge cannot recover for work performed as to which the board took no action when in open session.-Groton Bridge & Mfg. Co. v. Warren County (Miss.) 711. COURTS. Clerks, see "Clerks of Courts." Judges, see "Judges." Justices' courts, see "Justices of the Peace." Where the state tax collector proceeds to enforce the payment of additional licenses for tions affecting the constitutionality or legality past years, defense held not to present quesof the tax, but the remedy only, and the errors of the officers in enforcing payment, and to confer no jurisdiction on the supreme courtState v. Delgado (La.) 389. Where plaintiff claimed $2,500 as value of property illegally seized and damages to the amount of $775, and the property was surrendered on the day the suit was filed, the amount in dispute being but $775, the supreme court is without jurisdiction.-Kaufman v. Cade (La.) 626. Where, in action for partition among the heirs, the property is valued at more than $2,000, the supreme court has jurisdiction, under Const. art. 85.-Succession of Magi (La.) 660. Const. art. 285, conferring on the supreme court jurisdiction of suits against the railroad commission to test the validity of regulations it may have adopted, does not apply to suits brought by the railroad commission to recover fines. Railroad Commission of Louisiana V. Kansas City S. Ry. Co. (La.) 858. COVENANTS. In insurance policies, see "Insurance," § 4. COVERTURE. See "Husband and Wife." CREDIBILITY. Of witness, see "Witnesses," § 4. CREDITORS. See "Assignments for Benefit of Creditors"; Remedies against surety, see "Principal and Rights and remedies of surety, see "Principal Rights as to chattel mortgage by debtor, see "Chattel Mortgages," § 2. Subrogation to rights of creditor, see "Subrogation." CREDITORS' SUIT. Remedies in cases of fraudulent conveyances, see "Fraudulent Conveyances," § 3. A bill by a judgment creditor having alleged that the debtor, with intent to hinder complainant, loaned money to divers persons, who severally executed notes to the debtor's wife, such persons were properly made parties.Guyton v. Terrell (Ala.) 83. Where a bill seeking satisfaction of complainant's judgment out of property fraudulently conveyed averred that it was not of sufficient value to pay plaintiff's judgment, it sufficiently appeared that the discovery sought was necessary.-Guyton v. Terrell (Ala.) 83. CRIMINAL LAW. Conviction of offense included in that charged, Particular offenses. On a motion for a change of venue, testimony held to show that accused could not secure a fair and impartial trial in the county.Tennison v. State (Miss.) 421. § 4. Former jeopardy. be waived, held not a basis for a plea of former A trial before a judge, where a jury could not jeopardy.-State v. Jackson (La.) 52. A conviction for selling beer to B. held not a bar to a prosecution for selling on the same day whisky to A.-State v. Heard (La.) 384. An acquittal of a storekeeper on charge of selling liquor was not a bar to a prosecution for conniving at a sale of liquor in his premises founded on the same facts.-Carroll v. State (Miss.) 742. affidavit, commit 5. Preliminary complaint, warrant, examination, ment, and summary trial. tute an adjudication of guilt, so that no appeal Minute entry held to be insufficient to constiwould lie.-Marks v. State (Ala.) 18. Judge's conclusion in case tried without jury (Ala.) 19. held not reviewable on appeal.-Norille v. State A criminal charge before a justice of the peace, which did not conform to Const. § 169, held insufficient to support a conviction.-State v. Morgan (Miss.) 338. An affidavit held to charge with sufficient precision an attempt to intimidate a witness in the discharge of his duty.-Wilson v. State (Miss.) 787. An affidavit charging attempt to intimidate a witness in the discharge of his duty need not state in what case he was a witness.-Wilson v. State (Miss.) 787. § 6. Arraignment and pleas, and nolle See "Arson"; "Assault and Battery," & 2; Obstruction of road, see "Highways," § 3. § 1. Parties to offenses. One collecting fares on a fiying jenny held an "operator," within Code 1896, § 4122, subd. A plea in abatement must be exact and certain to every intent.-Easterlin v. State (Fla.) 350. Refusal of a continuance for an absent witness is not erroneous, where the affidavit fails to state that the applicant expects to procure State (Fla.) 350. said testimony at the next term.-Easterlin v. Plea of not guilty held withdrawn only for purpose of motion, and reinstated after denial thereof, though not formally renewed.-Arbuckle v. State (Miss.) 437. |