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any justice, shall be a bar to any further prosecution
pent-A deed of general sufficient alle for the same or any included offense before any
msauy contained a condition should be dia mayor's police, or justice's court, such conviction is
peddlull tease to be used for all allowed to be not a bar to an indictment for the same offense in the
se tall revert to the first par equitable, but circuit court.-WILLIAMS V. STATE, Ark., 38 8. W.
Anda." Held, that the deed W. Va., 38. E Rep. 337.
il espany an estate On u codd.
estas conditional limitation.-
Injury to la
jurisdiction by was tried on an information containing two counts.
to title betwe The first charged larceny of a heifer, the property of Alt-dentifi executed a deed to his on that ground some person unknown. The jury were instructed that,
punt de justice who took the teso doing it be "upon the first count, the State has failed to make out
Balei vas sent to the recorder by verse title-B the ownership as in the information alleged, and there stusled by the pialntiff before it Bep. 91. fore need not be considered by you. You are there
fepties had no knowledge of the fore instructed that you must acquit the defendant on
the nail about a year later, when
88. ESTOPPEL the first count of the information." The court sub
a knowledge or authority,
that one of the mitted the following form of verdict: “We, the jury,
and the mutees, who had it recorded:
the property find the defendant guilty, as charged in the information, on the second count,” etc. The jury failed to
fann delivery of the deed by the person, and wi detmde It operative-O'CONNOR V.
Bled with the agree, and were discharged. The defendant was again
does not of its put upon trial on both counts of the information, and
thereto.-BTOS found guilty on the first count: Held, that the plea of
-lami legen in Futuro. - An Instre Rep. 221. former jeopardy was good.-ROLAND V. PEOPLE, Colo., 24, renta the grantor, in considera
36. EVIDENCE 47 Pac. Rep. 269.
seper, and of assistance recel vedsetion by a shl
Lurga lande thereln described, cover for a los 38. CRIMINAL LAW-Homicide by Poisoning.-Where
182, the conveyance to take effect deceased died in a convulsion soon after defendant ad
se ul ne sober," is a deed passing an by plaintifas
delay, defenda ministered what he claimed was a powder of corn
et alm. - LESLIE 1. MCKINNEY, TEXAS CEST. starch, and strychnine was found in her stomach, and experts said she died of strychnine poison, thongh there was no evidence that strychnine was kept by defendant or deceased, from which it might be inferred that he administered it by mistake, yet, he having offered proof of his general reputation for peace and good order, tending to raise a doubtjas to the Intent with which the act was done, if done by him, It WAS proper to instruct on manslaugnter.--STATE V. ELLSWORTH, Oreg., 47 Pac. Rep. 199.
39. CRIMINAL LAW-Homicide-Self-defense.—Where the accused relies on the plea of self-defense, there is no greater burden on him to establish that plea, by affirmative evidence, than any other defense; but, If all the evidence raises in the minds of the jury a rea. sonable doubt as to whether he acted in self-defense, he should be acquitted.-HENSON V. STATE, Ala., 21 South. Rep. 79.
40. CRIMINAL LAW-Homicide - Self-defense.-On a
41. CRIMINAL LAW-Slander. - The addition of the
Witnesses. - It is only where a
43. DAMAGES – Destruction of Goods in Transit.-
abestimocratie electora resigned, & LOAN SOC. V.
Toe silver party petition was
was, inding the fusion candidates, by him to his
ed the names of all the husband and 44. DEATH BY WRONGFUL ACT -- Abatement.--An ac
wamu cached the signatures which and set aside, tlon brought by one who has sustained personal in.
an attiginal petition: Held, that juries from the negligent or wrongful act of another,
A mald not be considered in as.
husband was to recover for the resulting loss and suffering, does
na petition had the requisite plaintiff to Jud
deed Is fraudu not abate by the death of the plaintiff, but will, under
T. LESURUB, Mo., 38 8. W. | 26 8. E. Rep. 2 sections 420 and 421 of the Civil Code, survive, and may be prosecuted to final judgment in the name of the
Beat.-If a billio chancery Property cony sit equitable relief, some of agreement for
63. FRAUDUL personal representative, notwithstanding the death may have resulted from the injuries,--MISSOURI PAO.
-ini brince - Ambiguities. - Parol
57. EVIDENCE barialin to show what acreage passed
& husband to the "at half of a tract of land, as
sue of the eder bigay at the face of the deed. - OWES that his wife sau, , 6 he. Rep. 216
In her arto wh! opedia of Decree.- At the end of a work. -M18800
e de tout added: "This decree is, * 8. W. Rep, 3 aspekti metil the costs are paid (except so
58. EVIDENCE en de costs), and then to be in written instrum ex" Bild, that the attempted gus.
not within the Binley, athe decree operated as a
to prove the cc Le ta mutiga from the time it was ren
out further she aut , Al, 21 South. Rep. 66.
stroyed. In se idency of Grant.-A contract te Bary, and a cos
dence." -DW Co., Utab, 47 P
59. EXECUTIC Ladda necond part, their heirs and must redeem
de tienided one ball of a railroad real estate un At a ble nå only proper use, benefit, mortgage by libet parties of the second part, last preceding
yet expired sin N. Dak., 69 N.
ical questions Apa lang nietbe "circult court bears assumption is tama-Appeal. - Under Mf, & v. tion of what tl
Pac, Rep. 284. & special tribunal, and
61. FIXTURES owner of land
annexes chatt Buitision by Petition. - After a sonalty, and ti
en silver Party" candidates, paid for, is val beraiental electors who will appear becoming fixt en had been signed by & eum mortgages on Dawid by nominees of the Popu.
62. FRAUDUL In an action
CRIMINAL LAW-Homicide-Self-defenseaccused relies on the plea of self-defense, then! greater burden on him to establish that pla. mative evidence, than any other defense; ku he evidence raises in the minds of the jury ble doubt as to whether he acted in sellais hould be acquitted.- HENSON F. STATE, AL. h. Rep. 79,
CRIMINAL LAW-Homicide - Self-defense. for murder it was error to charge that de in every case, must retreat to the wall dette titled to resort to self-defense-RITCERIT, Colo., 47 Pac. Rep. 272.
CRIMINAL LAW-Slander. - The addition de s'or common" after the word "special, "mult the word "fund," in a county warrant, das al ge the legal effect of the instrument or cent ry; and bence to charge a person with a la warrant does not accuse bim of forgers, &
the charge slander. - EDWARDS F. HUTINE 38 S. W. Rep. 342. CRIMINAL LAW - Witnesses. - It is only me ss can testify in a criminal case as te that the prosecution is required to place de and when available. - PEOPLE F. GRANT, Bil. W. Rep. 647.
justioe, shall be a bar to any further par
45. DEED-Condition Sabsequent.-A deed of general sufficient allegations, on demarrer thereto the bill the same or any included ofense klime
warranty to a rallroad company contained a condition should be dismissed as to the inequitable clalms, and yor's pollee, or justice's court, such carit
that, "in enge sald land shall cease to be used for rail' allowed to be amended as to such as are apparently ta bar to an indictment for the same diesen
road purposes, the same shall revert to the first par. equitable, but delectively stated.-MORGAN V. MORGAN, roolt court.-WILLIAMS V. STATE, Art,
ties, their helrs and assigns." Held, that the deed W.Va., 26 S. E. Rep. 294. p. 337. vested in the railroad company an estate on a condi.
54. EQUITY - Jurisdiction - Injunction.--Equity has 7. CRIMINAL LAW - Former Jeopardy
jurisdiction by Injunction, to prevent acts of Irrepara. Strled on an information containing to MOUAT V. SEATTLE, L. S. & E. Ry. 00., Wash., 47 Pac.
ble injury to land, even though there is controversy as Rep. 233 e first charged larceny of a helfer, the page
to title between the parties, and, having jurisdiction me person unknown. The jury were intratti 46. DEED-Delivery.-Plaintiff executed a deed to his
on that ground, will go on to give full relief, though in pon the first count, the State has falled to oko children, leaving it with the justice who took the ac
so doing it be necessary to decide between two ad. knowledgment. The deed was sent to the recorder by ownership as in the Information alleged, audits
verse title.-BETTMANN V. HARNESS, W. Va., 26 S. E. the justice, but was recalled by the plaintiff before it e need not be considered by yon. Ion use the
Rep. 271. was recorded. The grantees had no knowledge of the e instructed that you must acquit the defendat u existence of the deed until about a year later, when
55. ESTOPPEL IN PAIS - Chattel Mortgage. - The fact first count of the Information." The com plaintiff's wife without bis knowledge or authority,
that one of the joint owners of personalty levied on as ited the following form of verdict: "We, the ja gave it to one of the grantees, who had it recorded:
the property of a third person, together with another 1 the defendant guilty, as charged in the ile Held, that there was no delivery of the deed by the
person, and with the knowledge of the other owners, a, on the second count," ete. The jury fali grantor suficient to render it operative.-O'CONNOR V.
filed with the sheriff a joint claim to the property, ree, and were discharged. The defendant van O'Conner, Iowa, 69 N. W. Rep. 676.
does not of itself estop the owners from claiming title upon trial on botb counts of the information
thereto.-STOSSEL V. VAN DE VANTER, Wash., 47 Pac. nd guilty on the first count: Held, that the per
47. DEEDE - Estate to Begin in Futuro. - An instru. Rep. 221.
ment duly executed, wherein tbe grantor, in consideramer jeopardy was good.- ROLAND F. PEOFLI
56. EVIDENCE - Admissions against Interest.-In an tion of love and respect, and of assistance received Pac. Rep. 269.
action by a shipper against a railroad company to reand to be received, conveys lands therein described, CRIMINAL LAW-Homicide by Poisoning -13
cover for a loss on a shipment to market by reason of reserying a life estate, the conveyance "to take effect eased died in a convulsion soon after delestari after my death, and no sooner," is a deed passing an
delay, defendant is entitled to prove a statement made alstered what he claimed was a powder de estate to commence in futuro. - LESLIE V. MCKINNEY,
by plaintiff as to the amount he lost on the shipment. reb, and strychnine was found in her stomach Tex., 38 8. W. Rep. 378.
-TEXAS CENT. R. Co. v. FISHER, Tex., 38 S. W. Rep. erts sald she died of strychnine poikaa, tag
48. DEEDS - Parol Evidence - Ambiguities. -- Parol re was no evidence that strychnine was het ind
57. EVIDENCE-Expressions of Pain.-In an action by evidence is inadmissible to show what acreage passed lant or deceased, from which it might be inter ander a deed of the "west half" of a tract of land, as
a husband for his wife's personal Injuries, on the is. he administered it by mistake, yet, be hardt
sue of the effect of the accident plaintiff may testify there is no ambiguity on the face of the deed. - OWEN d proot of his general reputation for pean si F. HENDERSON, Wash., 47 Pac. Rep. 215.
that his wife often complained of pain and weaknees
in her arm while doing her washing and other heavy d order, tending to raise a doubtjas to the so
49. DIVORCE-Suspension of Decree.-At the end of a which the act was done, if done by bin, to
work.-MISSOURI, K. & T. Ry. Co. v. ZWIENER, Tex., decree of divorce, the court added: "This decree is,
38 S. W. Rep. 375. per to instruct on manslaughter.-STATST. DO
however, guspended until the costs are paid (except so TH, Oreg., 47 Pac. Rep. 199.
58. EVIDENCE Secondary Evidence. - "Where a far as to iegue execution for costs), and then to be in written justrument is traced into the hands of a party, tull force and effect." Held, that the attempted sus- not within the State, secondary evidence is admissible Tension was a nullity, and the decree operated as a to prove the contents of the instrument, and this with. dissolution of the marriage from the time it was ren. dered.- MICKLE V. STATE, Ala., 21 South. Rep. 66.
out further showing that the original was lost or de
stroyed. In such case no notice to produce is neces50. EASEMENT - Sufficiency of Grant.- A contract re.
sary, and a copy of the instrument is competent evi. citing that in consideration that the grantees were
dence.” – DWYER V. SALT LAKE CITY COPPER MANUFG. erecting a sawmill near defendants' mill and a pay.
Co., Utah, 47 Pac. Rep. 311.
59. EXECUTION SALE-Redemption.-A redemptioner assigns, forever," the undivided one-balf of a railroad
must redeem from another redemptioner on sale of alde track, "to the sole and only proper use, benefit,
real estate under execution, or on foreclosure of a and behoot of the said parties of the second part,
mortgage by advertisement, within 60 days after the their heirs and assigns, forever," is a conveyance of a
last preceding redemption, although a year bas not right of way appartenant to the grantees' mill, and
yet expired since the day of sale.-STATE V. O'CONNER, not a mere license.-KENT FURNITURE MANUFG. Co. v.
N. Dak., 69 N. W. Rep. 692.
60. EXPERT TESTIMONY -- Hypothetical. – Hypothet. 61. ELECTION CONTEST - Appeal. – Under Mill. & V.
ical questions to experts may be framed on an assump. Code, $ 1098, providing that the "circuit court hears
tion of what the evidence tends to prove, where that and determines all contests of the election of sheriff,"
assumption is within the probable or possible range of the court exercises judicial authority in such cases,
the evidence. – COURVOISIER V. RAYMOND, Colo., 47 and does not merely sit as a special tribunal, and
Pac. Rep. 284. thereby prevent appeals being taken to the supreme
61. FIXTURES--Chattels.-An agreement between the court-MOORE V. SHARP, Tenn., 38 S. W. Rep. 411.
owner of land and a contractor who brings upon and 52. ELECTIONS – Nomination by Petition. – After a
annexes chattels thereto, that they shall remain perpetition of nomination of "Silver Party" candidates,
sonalty, and title thereto remain in the contractor till which called for presidential electors who"will appear
paid for, is valid, and will prevent the chattels from on the Democratic ticket," had been signed by a num.
becoming fixtures, and as such subject to the lien of ber of voters, four of the Democratic electors resigned,
mortgages on the land, till paid for.-GERMAN SAVINGS PAMAGES – Destruction of Goods in imet and their places were filled by nominees of the Popu
& LOAN Soc. V. WEBER, Wash., 47 Pac. Rep. 224. list party; whereupon a new Silver party petition was
62. FRAUDULENT CONVEYANCES-Husband and Wife. prepared, which contained the names of all the
-In an action by a husband's creditor, against the Democratic electors, including the fusion candidates,
husband and his wife, to have a conveyance of land nterest. - TEXAS & P. RY. CO. 7. PAM, 18, and to this petition was attached the signatures which
by him to his wife declared fraudulent as to creditors, bad been cut off from the original petition: Held, that
and set aside, proof that the deed was made when the the names so attached could not be considered in as
husband was insolvent raises a presumption that the certaining whether the new petition had the requisite
deed is fraudulent, which, if not rebutted, will entitle from tbe negligent or wrongful act de
number of signers.-STATE V. LESUEUR, MO., 38 8. W. over for the resulting loss and suferit Rep. 525.
plaintiff to judgment.- REDMON V. CHANDLEY, N. Car.,
26 S. E. Rep. 255. ate by the death of the plaintit, burri 08. Equity-BM-Amendment.- If a bill in chancery
63. FRAUDULENT CONVEYANCE – Lien of Creditors.28 420 and 421 of the Civil Code, surving, at sets out several claims for equitable relief, some of
Property conveyed by a debtor in consideration of an psecuted to final judgment in the based which are inequitable, and others deficient for want of lien in favor of existing creditors who have no other
e merchandise in transit is destroyed by tr. are of damages is the reasonable raia de
at the time and place of their destruction,
Rep. 366. DEATH BY WRONGFUL ACT -- Abatementrought by one who has sustained persoa
al representative, notwithstanding the
and be mortgage knew it,
1,01 South. Rep. il.
utions of the mortage
na dne will be given effect, 80 Fusedne and payable before
woleb proy means of enforcing their clalms, to the extent that the ipal ordinances, the ordinance violated need not be
ou a**. , ibiu value of the property and of its use exceeds the pleaded, as municipal courts take judicial notice of m bare det bees ajudi
vepre... amourt of support actually furnished by the grantee them.-EX PARTE DAVIS, Cal., 47 Pac. Rep. 258.
Jh. will., 6 Pac. Bep.
Grov.D (in good faith.-HARRIS V. BRINK, Iowa, 69 N. W. Rep. 75. MANDAMUS-Judicial Discretion.-A writ of man.
Obcias 684. damus does not lie to control or reverse the action of a
Birl, to be puretuse u
DO reserulub of 64. GARNISHMENT Joint Claim. - A joint claim is court, board, or other inferior tribunal, or of an offi.
Hul raid sale. Nor ce jur - L'AT: subject to garnishment, to the extent of the interest of cer, where guch action is one of discretion, judicial or
are ber the tenant
pla nt nga
- TONY HARNEL, Kan, Va., 26 S. E. Rep. 281.
Djuries anty, guarantied the payment of all moneys collected
they had s. right.-LORD V. BATES, 8. Car., 26 S. E. Rep. 213.
ud i foreclosed by ad Yatos sold may be legally
FRISBET I ment between the guarantees and V: Held, that the 77. MARRIED WOMAN-Liability of Separate Estate.
bir ist, erecutors, ad-
att case may be, by par og
* MOS!! ployment contract between the guarantee and V, and
married woman to the payment of her debts, where it
ret the time as sold, io
- l'ader & *** therefore a change in the contract would not relieve
appears that she owns personal and real estate, and
3214De trop tbe time of
board of . the guarantors of liability.-JOHN A. TOLMAN Co. V.
the personalty is more than sufficient to pay the in. GRIFFIN, Mich., 69 N. W. Rep. 645.
debtedness, the personalty should first be subjected
***.22 48031.-EVANS . REUDE ment of putt
BT Vion.,6. W. Rep. 115 66. HOMESTEAD Sale
the gran Execution Surplus.- before resorting to the realty.-FITZGERALD V. PHELP! Where a homestead was sold on execution issued on a & BIGELOW WINDMILL CO., W. Va., 26 8. E. Rep. 315.
--13 creditors of tbe port
beld in pt 1 judgment rendered before its occupancy as such, and
lien on anoti 78. MASTER AND SERVANT-Dangerous Machinery.-A
Eesti aside as a truado. which was a lien thereon, the surplus purchase money,
idtecedent claims, tbe
Owder, riut! nonsult was improperly granted in an action for in. after satisfaction of the execution, cannot be applied
Etter having been admited,
the strell D juries received in defendant's cotton mill, where there on another execution on a judgment rendered after
WE8805, fal, was evidence tending to show that defendant, knowing
de mortgagor wie foanthe homestead right attached.--SIMPSON V. BIFFLE,
, SOTKANIE plaintiff to be inexperienced in mill work, failed to Ark., 38 S. W. Rep. 345.
owner of att warn him that the machine at which he was working 67. INSURANCE-Change of Interest-Mortgage.-The was dangerous, and that the danger was latent, in that
damages fort execution of a mortgage on the real estate on which
a portion of the machine, not in full view, continued
2393-trinity of Debi. - A note and
the ground the the building insured is situated is not a change of in. to run by its own momentum after the rest of the ma.
ne, when Jecated con
with bis buat terest, within the meaning of the condition in a policy chinery bad stopped.-HIGHTOWER V. BAMBERG COT.
coustrued as coastitating
not in k.D. : declaring the policy forfeited "if any change other TON MILLS, S. Car., 26 S. E. Rep. 222.
ST. PACL, M. than the death of the insured take place in the inter
curity of the debt because of a 79. MASTER AND SERVANT-Negligence.-Where a rail
97. PARTNER est, title, or possession of the subject of the insurroad company bad furnished a safe switch, and bad
An insolveit, apce."-LAMPASAS HOTEL & PARK CO. V. PHOENIX INS. exercised the requisite care in selecting the conductor
ors, by agitein Co., Tex, 38 S. W. Rep. 361.
and brakeman whose duty it was to operate it, the
*****e.-Eraks T, BAKER, Kun. Dership kurt 68. INSURANCE-Conditions of Policy.-A condition in company was not liable for an injury to an employee
ner, provided a fire policy that, in the event of disagreement between on one of its trains, caused by the degligence of a con.
secured does the insured and the company as to the loss, it shall be ductor in leaving open a switch that it was bis duty,
the firm asset ascertained by appraisers before suit can be main
under the rules of the company, to see closed.-DEN.
Tic. A city is not lia.
Rep. 369. tained, though valid, does not bar a suit on the policy
VER & R. G. R. CO. V. SIPES, Colo., 47 Pac. Rep. 287. where po disagreement has arisen as to the amount of
Safe Appliances.-An em
99. PARTNERS 80. MASTER AND SERVANT -
Where i survis the loss.-AMERICAN FIRE INS. Co. v. STUART, Tex., 38 ployer, who furnishes his servants with appliances in
partner urte S. W. Rep. 395. common and general use by others doing a similar
the firm, and t 69. INSURANCE – Misstatement of Fact by Assured.work, is not liable for negligence, on the ground that
out a settle this Under a provision of an insurance policy which re.
better and safer appliances are obtainable.-SHADquires the assured to submit to an examination under
acity liable for mere sur
business, be FORD V. ANN ARBOR ST. Ry. co., Mich., 69 N. W. Rep. oath, misstatements of fact made by him on the exam
Dartner is the 661.
i upon an adjoining lot. ination after a logs do not avoid the policy, unless the
BELL T. Mcco 81. MASTER AND SERVANT insured knew them to be false, and made them with a
29. PHYSICIA! fraudulent intent.-HUSTON V. STATE Ins. Co., Iowa, Where the employer directed the servant to perform
tice.-The Stat 69 N. W. Rep. 674. extra work, under the belief that it fell within his em
-angerous Sidewalks Pas dark nigbt, goes upo! RD
cate autbori I ployment, and the servant at the time expressed no
URDOWS 19 guarded on one 70. INSURANCE Waiver of Conditions.-An agent
Missouri, on ti indication that additional compensation would be er: with authority to waive proofs of loss may also waive
which be was. pected, and for nearly two years afterwards receipted a provision requiring such waiver to be indorsed on
urge, as he has been de
lution of the in full each month for his services, be cannot recover the policy.-O'LEARY V. GERMAN AMERICAN INS.CO. OF
tain date, tori NEW YORK, Iowa, 69 N. W. Rep. 686. additional compensation for the extra services.-
ulates and se FORSTER V. GREEN, Mich., 69 N. W. Rep. 647. 71. INTERPLEADER-When Lies.-A bill of interpleader
appears that it 82. MECHANICS' LIEN – Judgment.-In a suit to eur in equity will not lie where a portion of the amount
apot bold the city liable,
collezr recett claimed by plaintiffs is in dispute.-SOUTHWESTERN force a mechanic's lien, a personal judgment against
E.ON VILLAGE OF HOWARD
Lutz, Mo., 35 TELEGRAPH & TELEPHONE Co. v. BENSON, Ark., 38 S.
100. PLEDGEW. Rep. 341.
holder ut at 72. INTERVENTION.-In an action by a mortgagee on
signs a blank! a sheriff's bond for misconduct in a gale under the
Il negligeach is a question mortgage, the holder of a note secured by the same
"satte evidence. -CIIT OF
attorney uutbe mortgage may intervene, under Code Civ. Proc. $ 24,
books of the as a person "who has an interest in the matter of liti.
Pac, Rep. Bs.
collateral, int! gation.”-MADDOX V. TEAGUE, Mont., 47 Pac. Rep. 209. not aver that, at the time of its filing, the mortgage
a bona fide pui 73. JUDGMENT BY DEFAULT - Vacating.-A judgment had matured, as, in fact, it had not, the defect cannot
Sing Of De bonds, for
OWEN, ála., 21 by default is attended with the same legal conse
101. PRINCIPA quences, when considering the rules governing estop. mental nature, not existing when the bill was filed.
Sale.- it is 09 pel by judgment, as if there had been a verdict for
**pall may incur.-PAL-
general agen! plaintiff.-- NORTHERN TRUST 00. V. CRYSTAL LAKE CEM
84. MORTGAGE - Foreciosure.-Where property bas
Tam, fi Pat. Bep. 209.
principal's blog ETERY ASSN., Minn., 69 N. W. Rep. 708. been reduced to money in the hands of a receiver, and
sale of chatte 74, JUDICIAL NOTICE
& lien claimant is given an absolute decree for a ligul-
naga City Chuter, tit. 6, $ 20,
for by credit of
ness due from decree and judgment adjudicated prior to it, it is u
is upon the pu
TUTOS -- Damage by Surface
Kattoturish drains or sew
anlater becanse change of
, 200t cast in a mass or body
Beatriding bitnsell by the rail
Solures to be another light,
the owner in favor of a subcontractor with whom 00
83. MORTGAGE-Bill to Foreclose. - Where a bill,
Detective sidewalk-It is not contributory nel leak wita koowledge of its
be cured by an amendment averring facts of a supple
e amount of outstaoding The Co create an "iodebted
SCHEERER V. AGEE, Ala., 21 South. Rep. 81.
pal ordinances, the ordinance violated leaded, as munleipal courts take judicial 26 nem.--EX PARTE DAVIS, Cal., 47 Pac. Rep. 2
75. MANDAMUS-Judleial Discretion.- mi to amus does not lle to control or reverse the end purt, board, or other inferior tribunal, weled er, where such action is one of discretion, páte
asi judicial; but it does lie where seed is erely ministerial.- MARCUM V. Balcon INCOLN, LOGAN, MINGO, AND WATNE Con 4., 25 S. E. Rep. 21.
78. MANDAMUS-Parties.-The State is not see arty to an application by a private citizao turin
mandamus to a publlo officer to enforce i gbt.- LORD V. BATES, S. Car., 28 S. E. Rep. I 77. MARRIED WOMAN-Liability of separate la
a sult in equity to subject the separate sa! arried woman to the payment of her delta, a ppears that she owns personal and real estat he personalty is more than sufilelent to suste ebtedness, the personalty should first de stat efore resorting to the realty.- FITZGERALDT.COM
BIGELOW WINDMILL CO., W.Va., 28. B. Rep. z 78. MASTER AND SERTANT-Dangerous Machines pnsult was improperly granted in an setian ini ries received in defendant's cotton mill, viesto as evidence tending to show that delendast, bure Aintiff to be inexperienced in mill work, the arn him that the machine at which he TE TE as dangerous, and that the danger was latent, as portion of the machine, not in full view, da
run by its own momentum after the rest de nery bad stopped. -HIGHTOWER F. BAYER N MILLS, S. Car., 26 8. E. Rep. 272. 19. MASTER AND SERVANT-Negligence. Wees ad company bad furnished a safe switch, el fercised the requisite care in selecting the cost a brakeman whose duty it was to operate i mpany was not liable for an injury to an ad
one of its trains, caused by the negligested ctor in leaving open a switch that it was bei der the rules of the company, to see closel.
R & R. G. R. CO. F. SIPEs, Colo., 47 Pae Bep 8 10. MASTER AND SERVANT - Safe Appllanespyer, who furnishes his servants with apple mmon and general use by others doing 15 ors, is not liable for negligence, on the great tter and safer appliances are obtainabit-> BD V. ANN ARBOR Sr. Ry. Co., Mich., X.
1. MASTER AND SERVANT – Wages – Extra Vie here the employer directed the servant to je tra work, under the belief that it fell witbles pyment, and the servant at the time express
lication that additional compensation medias eted, and for nearly two years afterwards have full each month for his services, be canta
RSTER P. GREEN, Mich., 69 N. W. Bep, bf. 1. MECHANICS' LIEN - Judgment. In a foly ce a mechanic's lien, a personal judgmente
owner in favor of a subcontractor with to
vity of contract was alleged is vold, thout per appeared and took part in the litigatin
ROBINSON, Colo., 47 Pac. Rep. 271.
ct to foreclose a mortgage securing bords you ped by complainant, lacks equity, bezne 18
aver that, at the time of its filing, the I matured, as, in fact, it bad not, the date ou cured by an amendment aferring Isco di ptal nature, not existing when the will not
LEERER V. AGEE, Ala., 21 South. Rep. &. . MORTGAGE - Foreclosure.-Wherë
n reduced to money in the bands of 17 en claimant is given an absolute decreto ed amount, and it is given prlority are ree and judgment adjudicated priarto 16
jude Le Journal
de 100 use of intoxicating liquors, an
authority. But where there is no question as to the good faith of either the agent or purchaser, and both the agent and principal are dead at the time of the trial, any circumstantial evidence fairly tending to eg tablish the agent's authority is sufficient to make a prima facie case.-STEWART V. COWLES, Minn., 69 N. W. Rep. 694.
102. PROCESS-Summons-Service.-Under Code Civ. Proc. $ 744, subd. 4, providing for service of summons by reading it to defendant personally, or by leaving a copy at his place of residence, service by merely de. livering a copy to defendant personally is void, and will not support a judgment.-SANFORD V. EDWARDS, Mont., 47 Pac. Rep. 212.
108. RAILROAD COMPANY Negligence - Boarding Moving Train.-Under the statute of Illinois, forbld. ding any person to board a moving train, except in compliance with law, or by permission, under the law. ful rules and regulations of the company, a person in. jured while attempting to board a moving train within the State of Illinois cannot recover therefor unless it appears that be was acting in compliance with law, or by permission, under the lawful rules of the company. -YOUNG V. CHICAGO, M. & ST. P. Ry, Co., Iowa, 69 N. W. Rep. 682.
104. RAILROADS_Farm Crossings.-Under Code 1892, § 3561, requiring railroad companies to make and maintain” suitable crossings for plantation roads, a company has a reasonable time, after its suggestion of error on affirmance by the supreme court of a judg. ment for the penalty for tearing up a crossing is disallowed, to replace the crossing.-ALABAMA & V. RY. CO. v. ODENEAL, Mias., 21 South. Rep. 52.
105. REPLEVIN-Breach of Contract.-A gas company, under a contract to place pipes in a building and fur. nish gas, has the right to remove its meter from the building on refusal of the owner to pay under such contract the cost of furnishing and laying the pipes, the same as for a breach of the contract by non-payment of a bill for gas, and may maintain replevin for it.- DETROIT GAS CO. V. MORETON TRUCK & STORAGE Co., Mich., 69 N. W. Rep. 669.
106. SALE-Conditional Sale-Bona Fide Purchaser.Where a contract for the sale of personalty provides that title shall remain in the seller till the payment of the price, one who in good faith, and without notice, buys the property from the original purchaser, acquires no title thereto,-LANSING IRON & ENGINE WORKS Y. WILBUR, Mich., 69 N. W. Rep. 667.
107. SPECIFIC PERFORMANCE-Jurisdiction.-The jurisdiction of courts of equity in actions for the specific performance of contracts for the sale of lands is ex. clusive, and not dependent on the inadequacy of the legal remedy, whether the plaintiff is a vendor or pur. chaser.-HAMMOND V. FOREMAN, S. Car., 26 S. E. Rep. 212.
111. TAX TITLE- Recovery of Land - Judgment.
any Sale Though a tax deed is void, yet the court, in the judg. ment for the owner for the recovery of the land, must
ase, 2011, make provisions for the payment to the purchaser of
abould, I' the taxes paid thereon by him.-CRISMAN V. JOHNSON, Colo., 47 Pao. Rep. 296.
iory, he is
E. FEBRUARY 26, 1897 112. TITLE INSURANCE POLICY-Construction.-Held,
of the laws that the phrase, “Tenancy of the present occupants,"
in the elt: stated in a title insurance policy as a defect in or ob. jection to the title against which the insurer does not cina Dispensary Law bas same exie insure, must be construed as meaning the tenancy which arises through the occupation or temporary
die Be Supreme Court of though su possession of the premises by those who are tenants in Ciresult unfavorable to duced in the popular sense in which the word "tenant" is used.
w molt r. Donald, 17 not be ext! The phrase does not include the claim of a person wbo, asserting ownership in fee as against the title insured,
Yrt holds, among othering intruni. is in actual adverse possession at the time the policy
et act in question, that ages or is issued.-PLACE V. ST. PAUL TITLE INSURANCE & TRUST CO., Minn., 69 N. W. Rep. 706.
se, forbidding tbe im. uniformis 113. TRUSTS Continuance of former Business by rug liquors by app one was integro Trustee.-A trust deed which authorizes the trustee to
w cicers appointed under State law is continue the former business of the grantor, and to subject the trust property to the casualties incldent
amb s being a restriction on power ja si thereto by which it may be lost or wasted or subjected
4. In the view of the this cour: to charges superior to those of the creditors secured, is void, as containing provisions adequate to the de
a nak kat intended to probibit the manuf. feat of the object of the deed.-CATT V. Wm. KNABE & Co. MANUFG. CO., Va., 26 S. E. Rep. 246. 114. TRISTS Following Trust Fund.-A trust fund
rary, liquors and wines
regulation may be pursued by the beneficiaries, as long as the same can be identified, into any land or other form of investment made by the trustee, as the law raises an implied trust as to such property in their behalf.MARSHALL'S EXR, V, HALL, W. Va., 26 S. E. Rep. 500.
115. TRUSTS-Parol Proof.-Where a vendee conveyed the land to her son by warranty deed, that he might mortgage it for the purpose of raising money to pay the purchase price, but afterwards obtained the money by other means, the son became a trustee, holding the legal title solely for the benefit of the vendee.--HawKINS V. WILLARD, Tex., 38 S. W. Rep. 365.
At the ti for the price of land reserve a vendor's lien, the paras. The act does, indeed, leading 911!
116. VENDOR AND PURCRASER.-Where potes given mount title to the land is in the vendee, as between him and third persons.-MINTER V. BURNETT, Tex., 38 S. W. Rep. 350. 117. VENDOR AND PURCHASER
an The fact that the title to an irrigating ditch, conveyed
* But is provisions, such as | spirit of the with land, failed, is not a defense to payment of par
ht, the view of the commerce, 1 chase money, where it is shown that the ditch at the time of the purchase was of no substantial value to the land.-BLANKS V. RIPLEY, Tex., 38 S. W. Rep. 378. The doctrine of contributory negligence does not apestate commerce. In the Suprel
118. Waters-Irrigation - Damages – Negligence. ply in case of injury to land from the escape of water from a ditch, the owner of the ditch knowing of the de
the court, “it is not sented to tis
so beld who fects therein, and being able to prevent the injury. SHIELDS V. ORR EXTENSION DITCH CO., Nev., 47 Pac. Rep. 194.
119. WATERS – Irrigation Where the water of a spring flows through a defialte
prin derimental to the wellare Cent. L. J
having chai channel, or by percolation, into a running stream, of lie, at the suit of a prior appropriator of the water rights in such stream, to restrain a diversion of the
on ut of congress of Aq. water of the spring by the owner of the land on which
IT 189 not intended to
able consok it is situated.-BRUENING V. Dors, Colo., 47 Pac. Rep. 290.
paper the power to discrim120. WITNESS
Commitment meaning of the provisions prescribing the fees for the
talent manufacture and use attendance of witnesses, the attendance must be upon the court while in session; and where a witness, bound
WA W which are, therefore,
Rep. 3:31, in over to appear at the next term of court, is committed op default of a recognizance, he is entitled to lees for the days only on which the court is in session, and not
tot all fermented, dis. earn his live for the whole time of his detention.-MARSHALL COUNTY V. TIDMORE, Miss., 21 South. Rep. 51.
Sitio ispors transported into pursue any
demondities whica may be domestic a - neat and sold, and most But the
to be the subject of for. sional legal reste inderce. It was sought tem with 14413 inspection act within interstate is
is provision of the consti- modities to un sates wbich permits tbe to be lawful pa ang duties as far as they svi scessary for executing Corolina s?:
phim häng to the ascertain contender
army dlazers, and to that ex. pally upon please se le ia the nature of an in. uors being
st from the charge of indivilu Fleration and interference from engag
2X: Justice Shiras, who
para datortid the importation, 1 24h od use of intoxicating
bealth of the inhab. base is oot within the scope
United Stat decision on
108. TAXATION -- Exemptions Railroad Property:A statute exempting from taxation all property of a railroad company does not extend to property, not necessary for its business, which it acquires under authority of a subsequent statute containing no exemp. tion clause.--FORD V. DELTA & PINE LAND CO., U.S. S. C., 17 S. C. Rep. 230.
109. TAXATION-Municipal Benefits. A city tax levied on lands within the corporate limits, but outside the range of municipal benefits, is not invalid, as a taking of property without just compensation.-FRACE Y. CITY OF TACOMA, Wash., 47 Pac. Rep. 219. 110. TAXATION--Sale of Land for Taxes.
-An owner of land who, though offering to pay the taxes thereon, which were refused by the treasurer, through mistake, on the ground that they had been previously paid, knew of the sale of the land for non-payment of such taxes before the expiration of the time for redemption, and failed to redeem, is guilty of negligence which will defeat his recovery in an action in equity, brought thereafter, to be allowed to redeem.-EASTON V, DOOLITTLE, Iowa, 69 N. W. Rep. 672.
neay peat the products of other
law's unco) called to the 98 and Rip
parte commerce. When
tional right lawful wars,