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TasooE, Md., ** echts at the time for her abe etdatertificate from a compe to drow the amount and team. Evidence that the souh WAS piktomber by her bosband, and , Ti mot invalidate the mortgage ama--JOHNSON F. Pessou, La., taking of depos defendant l. a IN - Chicknaw Lands.in an action for a tort is not entitled to his discharge the enterpr? 45. EQUITY Torts of Plaintiff, - Where a landlord of the Chiekassy Nation, without making the schedule required by the act. after deduct holding a lease on certain property of its tenants 1929 Tith other members, to STROHEIM V. DEIMEL, U.S.O. C. of App., Seventh Cir. Defendant als tortiously took possession of their goods, and applied cuit, 77 Fed. Rep. 802. 20:30, by contract gave detend. them to the rept, a bill by It to enforce its lien, and andre lands for a fixed term, to complainal 55. INJUNCTION AGAINST STATE OFFICERS-Building have relief against a judgment in trespass for taking HTML, the relation of landlord and periodically and Loan Associations.-Complainant, a bullding and such goods, will be dismissed.-DEAN V. ELYTON LAND rest to sustain an action for the business loan association, alleged in its bill, that a statute ol Co., Ala., 21 South. Rep. 213. ur-RWIES T. RIBARGER, 1. T., * joint adventu" the State of Montana relative to the business of such 1 1. STOCKTON x 46. EVIDENCE-Bill of Sale.-A bill of sale of person. associations imposed such oppressive and unjust realty, though attested by two subscribing witnesses, is 71. PAYMEN: strictions that it could not comply with them; that it in Ile-A widow and chiladmissible in evidence upon due proof of its execution bad ceased to transact new business in the State, and plat certificate issued to the of a debt op by one only of them, without calling or accounting for was only holding its securities, already taken from OS also the land to be sur. payment is the other.-COOPER V. O'BRIEN, Ga., 26 S. E. Rep. 470. residents of the State, and collecting payments as they tae land was located, and debt.-JANESE 47. EVIDENCE-Parol Evidence-Contract.-Evidence fell due; that the officials of the State bad notified it -12 , tie widow baring died. 72. PLEADIN of conversations and negotiations leading to the mak. in writing that it was required to comply with the olan 1998fed tbe land to defend cause of Rel.!! ing of a written contract between the parties is inad. terms of the act, and, if it failed to do so, proceedings CONTeyance could not serve multiplicity ! missible to add other terms and conditions thereto. would be taken against it to enforce certain fines and the sean limitation, li being in- jurisdiction o TOWN OF COLORADO CITY V. TOWNSEND, Colo , 47 Pac. penalties, and a receiver of its property would be ap uts with the sovereignty tonally belir Rep. 653. plied for; and thereupon complainant sought to en. wi, Tez., * 8. W. Rep. 630. multiplicity o! 48. FEDERAL COURT8-Promissory Notes.-A federal join the State officials from such action: Held, that ats-Probable Cause-Erl. not constitution court has no jurisdiction in an action upon a promis. the bill showed no right to the equitable reller sought, CTEK bad been detected lesr. whole sum, 0' sory note by an indorsee against a remote indorser, since it was not positively alleged that the complain. a bad taken from ide tables in will be treated notwithstanding diverse citizenship exists between ant had failed to do the acts, fallure to do which would 24 hod used at the club was hibition will them, upless the person from whom the indorsee subject it to penalties under the act, nor that there t the steward, and that walt (be suite, and derives title could have maintained an action on the would be a multiplicity of sults to enforce such peu. 2017 inteles from the club, was NEWMAN, LA, same pote against the same defendant.-SKINNER V. alties, and since the invalidity of the act, if it contraBARR, U.S. C. C., E. D. (Penn.), 77 Fed. Rep. 816. vened the constitution of the United States, would be 73. PRINCIPAL 49. GARNISHMENT OF CORPORATION. - Where there a defense to actions to enforce such penalties, and action against were financial dealings pro and con between a corpora. any ground of equitable relief would be equally avail the principala tion and one of its salaried officers, but there never able as a defense in proceedings to appoint a receiver. lans-iparate Estate.-The wire by bim as eve -COLUMBIA BUILDING & LOAN ASSN. Y. GRANGE, V. S. obligee, a pita was a time when, upon striking a balance between them, there would be anything due from the corpora. C. C., D. (Mont.), 77 Fed. Rep. 798. manner of sett tion to the officer, a garnishment served upon the cor56. INSANE PERSON-Note for Legal Services.-A bote state a detener poration at the instance of a creditor of the officer executed by a person of unsound mind is not enforce lif's discretion. could not be made effectual for the purpose of subable as a contract, and, wben given for attorney's fees 74. PROCESS jecting any portion of the latter's salary to the pay. for defending the maker in proceedings to have him resident suitor ment of the creditor's claim against him.-AMERICAN adjudged of unsound mind, to authorize a recovery it NAT. BANK OF MACON V. BRUNSWICK LIGHT & WATER must be shown that the services were necessary for party, in an art Co., Ga., 26 S. E. Rep. 473. the proper protection of the maker's rights, and that --Amortgage providing leged from the 50. GIFTS CAUSA MORTIS. Decedent directed her the charge made was reasonable.-MCKEE'S ADMR. V. servant to give certain boxes to claimant after her PORNELL, Ky., 38 S. W. Rep. 705. death, but kept them in her possession until she be. 57. INSOLVENT DEBTOR-Assignment-Attachment. At the sale, including com came unconscioue, whereupon the servant took the Where the property of an insolvent has been attached, boxes to claimant: Held, that the attempted gift was the trustee in insolvency may intervene, and move to samog the sale," was turned void for want of valid delivery.-IN RE HEMPHILL'S quash the attachment.-PALMER V. HUGHES, Md., 55 ESTATE, Penn., 36 Atl. Rep. 406. Atl. Rep. 431. 51. GRAND JURY – Organization. Where the court 58. INSURANCE-Action on Policy-Burden of Prool.organized a grand jury of sixteen persons, and, with. The burden of proving compliance with the necessary teparate collection com. out discharging two of them, who were reported ab. requirements of an insurance policy as to prools of sent, ordered the summoning of two salesmen, one of loss, or the waiver of such compliance on the part of wbom was selected as a grand juror, it constituted re. the conıpany, is on the ingured, and, if he fails to es: versible error where one of the absent jurors subse. tablish the same by a preponderance of evidence, bio -- bere a mortgagor bas quently appeared and participated in the delibera. action must fail.-FLANAGHAN V. PHENIX Iss. Co., W. Agathe mortgaged premises, tions of the jury.-RAMSEY V. STATE, Ala., 21 South. Va., 26 S. E. Rep. 513. 2. tbat be is not made & Rep. 209. 59. INSURANCE-Authority of Agent.-An insurance INT. OUTWATEE, N. J., 36 plant, to so plac 52. HIGHWAY8-Proceedings to Establish.-Proceed. agent authorized to solicit business for his company, ings laying out a highway are void as to owners of and to issue policies, is, within the general scope of land taken who were not served with notice of the the business he transacts, pro hæc rice the insurance Anudinal corporation to take, - Eminent Domain.time and place of hearing the petition, as required by company He may waive forfeitures and conditions Gen. Laws 1878, ch. 67, $$2, 6, unless they confirmed de retending streets, prop: 00., La., 21 Sou in the policy, and inay consent to prior or subsequent S use, the power must be the same or waived their objections to want of notice. insurance on the property, although the policy issued Tae by necessary implica- GRAND TRUNK RY.CO. V. TOWN OF BERLIN, N. H., 36 by him contains a provision that such prior or subse: OXAT. GEORGIA RAILROAD Atl. Rep. 554. quent insurance taken on the property will reader the 53. HUSBAND AND WIFE-Necessaries.-A debt for the policy then issued void.-WOOLPERT V. FRANKLIN INS. rent of an hotel leased by the wife solely for profit, Co., W. Va., 26 S. E. Rep. 521. MENTI - Street - Damages, H. & S. A. RI. under a contract signed by herself and her husband, 60. LANDLORD AND Tenant-Assignment of Reter te weh an estate as that it, in is not within the statute providing that a wife's real sion.-There being competition for several locations avdelpal authorities of a city estate can be sold to pay debts created on account of offered for a post office, persons occupying properts Va interest in real property ne of its streets, the es. “necessaries" for herself or any member of her family. adjacent to its thenpresent location, who wished it to --CROW V. SHACKLETT, Ky., 38 S. W. Rep. 692. remain there, agreed to pay a certain sum annually to an action.-PAUSE T. CITY 54. IMPRISONMENT FOR DEBT-Order of Discharge.The Illinois statute concerning discharge from im. assigns, in consideration that he would lease the prem prisonment for debt (Rev. St. ch. 72), providing, by ises to the government for a term of five years at an heutation, the location of Ditisibility.--Evidence, train under con gection 34, as amended by the act of June 14, 1887, that is to show the character no person shall be discharged under the act who neg. create the relation of landlord and tenant; henve the lects or refuses to schedule his property as thereby ability in kind, is recely. required, applies to defendants imprisoned un- nant to the land, and accordingly did not pass by a.com - Harenture.-Complainant person walking south. Rep. 165. der execution upon judgments for torty, as well as upon judgments for debt; and a defendant imprisoned BANK OF GREELEY, Colo., 47 Pac. Rep. 660. isht to manufacture and Fate the eye commissione incurred de* ad uut the proceeds of sale, Pre izan, erald be applied in payment atmaya kat foreclosure, and was by o wartgagee to one member proper en making the sale: Held, no these allowable to such parta.-AMHER V. TOLSON, Md., menced by the were taken by under process POWELL, Peon. 75. PUBLIC L Sp. Laws 1873, railroad resers commissioner such reservatio the action of fixing their bou LINGHAM, Tex., 76. RAILROAD is negligence on pany, in the a steam railwa space for the la pass, without and employees 77. RAILROAD -The mere pos title the agentt ing of the grass the owner of the premises which it occupied, or bia 647. 78. RAILROAD a locomotive e the fenced righ get by them soun the whis inadequate rental: Held, that the agreement did not right to receive payments under it was not appurte veyance of the premises. - EANBORN V. FIRST NAT. the jury.-DENT Pac. Rep. 654. 79. RAILROAD -While it may hod tereement providing that time to save hic is not the rule ground of equitable relief would be me as a defense in proceedings to appointe LUMBIA BUILDING & LOAN ASSN, 1. GRAER ..D. (Mont.), 77 Fed. Rep. 798, INSANE PERSON-Note for Legal Series puted by a person of unsound mind is wat die as a contract, and, when given for slitstre lefending the maker in proceedings te dged of unsound mind, to authorize 1 15 t be shown that the services were dete proper proteetion of the maker's right, charge made was reasonable.-NCK SELL, KY., 38 8. W. Rep. 705, INSOLVENT DEBTOR-Assignment-Attacto re the property of an insolvent bas verts rustee in Insolvency may intertere, ende h the attachment.- PALMER V. HOGER, Rep. 431. INSURANCE-Action on Policy-Burtes en burden of proving compliance with the irements of an insurance polley as to me or the waiver of such complistes en conspany, is on the ingured, and, i de la gh the same by a preponderance del n must fail.-- FLANAGHAN F. PEKNIT ES E 26 S. E. Rep. 513. an action for a tort is not entitled to be thout making the schedole required by the e 61. LANDLORD AND TENANT Ohickasaw Lands.ROHEIM V. DEIMEL, U. 8.0.0.of App, Sen. Where plaintiff, a member of the Ohiekasaw Nation, 5,77 Fed. Rep. 802. having the right, in common with other members, to INJUNCTION AGAINST STATE OPTION occupy the lands of the tribe, by contract gave defend. ant possession of a tract of such lands for a fixed term, I Loan Associations.-Complainant, i will at a certain yearly rental, the relation of landlord and association, alleged in its bill, that tenant was created, sufficient to sustain an action for State of Montana relative to the best unlawful detainer.-WILCOXEN V. HYBARGER, I. T., 88 octations imposed such oppressive and und S. W. Rep. 669. Ictions that it could not comply with tea, o cessed to transact new business in te 62. LIMITATIONS-Color of Title.-A widow and chil. dren transferred to T a land certificate issued to the only bolding Ite securities, already tal deceased husband's heirs, and also the land to be sur. Idents of the State, and colleeting payag veyed under it. Afterwards the land was located, and due; that the officials of the Statë het 18 was patented to the heirs, the widow having died. writing that it was required to comply Subsequently the heirs conveyed the land to defendns of the act, and, if it failed to do so, pre ants: Held, that the latter conveyance could not serve ald be taken against it to enforce certain to 18 a basis for the three years limitation, it being inalties, and a receiver of its property rul sufficient to connect defendants with the sovereignty pd for; and thereupon complainant seg of the soil.-BALDWIN V. Root, Tex., 38 8. W. Rep. 630. the State officials from such action: 83. MALICIOUS PROSECUTION-Probable Cause. -Evi. bin showed no right to the equitable relis dence that the waiter at a club had been detected leav. ce it was not positively alleged that the ing the clubhouse with food taken from the tables in had falled to do the sets, fallure to de rap bis pocket, that all the food used at the club was lect it to penalties under the act, mais bought by and belonged to the steward, and that wait. uld be a maltiplieity of snits to enfores ers were forbidden to take articles from the club, was es, and since the invalidity of the aet, te suficient to show probable cause for the prosecution ed the constitution of the United States, of the waiter for larceny.-BOWEN V. TASCOE, Md., 36 tense to actions to enforce suel pensil Atl. Rep. 436. 64. MARRIED WOMEN-Separate Estate.-The wife borrowed an amount avowedly at the time for her use und benefit. She obtained a certificate from a compe- tent judge authorizing her to borrow the amount and executed a mortgage. Evidence that the sum was subsequently received from her by her husband, and used in bis business, will not invalidate the mortgage given to secure its payment.-JOHNSON V. PESSOU, La., 21 South. Rep. 177. 66. MORTGAGES-Foreclosure-A mortgage providing for payment of all "attorneys' commissions incurred In the collection of it," and that the proceeds of sale, alter paying prior liens, should be applied in payment of all expenses Incident to the sale, including com. pensation to the person making the sale," was turned over to a firm of attorneys for foreclosure, and was thereafter assigned by the mortgagee to one member of such firm for the purpose of making the sale: Held, that the firm was entitled to separate collection com. missions in addition to those allowable to such part- ter for making the sale.-GAITHER V. TOLSON, Md., 36 Atl. Rep. 449. 66. MORTGAGE8 - Parties.-Where a mortgagor has disposed of all his interest in the mortgaged premises, It is not a ground for demurrer that he is not made a INSURANCE-Authority of Agent.party on foreclosure.-JOHNES V. OUTWATER, N. J., 36 57. MUNICIPAL CORPORATIONS - Eminent Domain.In order to authorize a municipal corporation to take, for the purpose of opening or extending streets, propusiness be transacts, pro hæc nie to arty already devoted to public use, the power must be conferred in express terms or by necessary implica- tlon-CITY COUNCIL OF AUGUSTA 1. GEORGIA RAILROAD ance on the property, although the & BANKING CO., Ga., 26 8. E. Rep. 499. m contains & provision that such pede insurance taken on the property and 8. MUNICIPAL IMPROVEMENTS Leasehold.-A leasehold is such an estate as that if, in Street - Damages- the construction by the municipal authorities of a city of a publle improvement in one of its streets, the es. LANDLORD AND TENANT-Assigned tate of one holding such an interest in real property d for & post office, persons Oceaprint There being competition for several i be damaged, he may sustain an action.-PAUSE V. CITY OF ATLANTA, Ga., 26 S. E. Rep. 489. ent to its the ppresent location, the pris In there, agreed to pay a certain ass 89. PARTITION-Evidence of Divisibility.--Evidence, sner of the premises wbicb It care! such as to drainage of a plantation, the location of ditches and fences, which goes to show the character ps, in consideration that he would kedy of a plantation, as to its divisibllity in kind, is receivb the government for a term of fire a able.-SOxtar V. SUPPLE, La., 21 South. Rep. 165. quate rental: Held, that the extra the relation of landlord and test la 70. PARTNERSHIP - Joint Adventure.-Complainant to receive payments under its sold defendant the exclusive right to manufacture and to the land, and accordingly did a 24/7 sell certain inventions, the agreement providing that ce of the premises. - SANBORN T. ART t authorized to solicit business for a o issue policies, is, within the gegeti pany. He may waive forfeltures and policy, and may consent to priore y then issued void.-WOOLPERT F. PRIS V. Va., 26 8. E. Rep. 521. OF GREELEY, Colo., 47 Pac. Rep persons plainly and obviously disabled by deafness, intoxication, sleep, or other cause from taking care of themselves.--GUNN V. OHIO RIVER R. CO., W.Va., 26 S. E. Rep. 546, 80. RAILROAD COMPANY-Mortgage-Sale as Entirety. -Const. art. 17,  11, which provides that the rolling stock of a railroad company shall be personal property, and liable to execution and sale like the personal property of individuals, does not prohibit a sale, as an entirety, of railroad property, including rolling stock, covered by a deed of trust, where it does not prejudice the interests of any one.-SOUTHWESTERN ARKANSAS & I. T. RY. CO, V. HAYS, Ark., 38 8. W. Rep. 665. 81. RAILROAD COMPANY – Negligence.-No recovery can be had for the death of a bicyclist who circled around on his wheel while a freight train was passing the crossing, and who, without dismounting to look or listen, attempted to cross after it had passed, and was struck on another track, by a train coming in the opposite direction, where there was a clear space, from which he could have had an unobstructed view of the track.-ROBERTSON V. PENNSYLVANIA R. CO., Penn., 36 Atl. Rep. 403. 82. SALE - Conditional Sale.- Where goods are sold, to remain the seller's property until the buyer's note is paid, with an understanding that the buyer may sell in the course of business, and use the proceeds, the seller's title is good, against the buyer or his as. signee, until the goods are so sold, or the note is paid, though the contract does not contain an affidavit of its good faith, and is not recorded, as required by Laws 1885, ch. 30,$$ 1, 2.-BAKER V. TOLLES, N. H., 36 Atl. Rep. 551. 83. SALE - Construction of Contract.-Under a con. tract for the sale of mules which the buyer intended to ship to a southern market, providing that, "at the time second party is ready to ship said mules to mar. ket,” he may return any 10 of the animals, and receive a credit therefor, the buyer peed not terder back such animals as soon as he is ready to ship any of them, but is entitled to a credit on the note if the tender is made before he is ready to ship all of the mules, or all of them except those which he has a right to tender back.-LOUGHRIDGE V. ALLEN, Ky., 38 S. W. Rep. 698. 84. SALES Failure to Receive Goods.- Where the buyer refuses to accept the goods purchased, in case of a resale at the best price obtainable after due effort the seller may recover the difference between the price secured at the resale and the price to have been paid by the buyer, though the buyer was not given no. tice of the regale.-CLORE V. ROBINSON, Ky., 38 S. W. Rep. 687. 85. SALE-Statement of Pecuniary Standing.-Where a statement by a purchaser of his pecuniary standing is not so grossly excessive as to imply a fraudulent intent, and no such intent is proved, the estimate is a matter of opinion, and is not ground for the rescission of a sale.-WHITE V. FITCH, R. I., 36 Atl. Rep. 425. 86. TAXATION-Validity of Tax Sale.-A tax sale of land described as "-37 acres in the north half of section one,” in a certain township, is void for uncertainty.NELSON V. ABERNETHY, Miss., 21 South. Rep. 150. 87. TELEGRAPH COMPANY - Mental Suffering-Damages.-Where a telegraph company has negligently failed to deliver a message, it is not liable for damages for the sender's consequential mental suffering, caused by the want of bis brother's companionship on a journey to his dying mother.- WESTERN UNION TEL. Co. V. BIRCHFIELD, Tex., 38 S. W. Rep. 635. 88. TRUST-Declaration Construction. – Complain. ants and defendant jointly purchased lands, the price being paid by defendant. It was agreed that defendant should take title in fee, that the land should be plotted and lots sold by defendant until he was repaid, and that the defendant should be vested with title in trust for the joint owners. Complainants stipulated that they would work to faciliiate the sale of the lots: Held, that the agreement was an executed declaration recital or their locomotives, and influence juro a sende interest in the prop- truth. Such errel, is not in excess of the any particular de carne : that such a statute submit to ref verdict 1111** in trust, and not an executory agreement dependent on the performance by complainants of the stipulation la Lw Journal . three-fourtus to facilitate sales.-GILDERSLEEVE V. STRATTON, N. J., 36 Atl. Rep. 477. also a jury !! 89. TRUST AND TRUSTEE-Following Trust Funds. waived, un Where an executor returned certain stocks and bonds LED MARCH 19, 1897. described in the inventory of the estate, and passed one of them. an account wherein he charged himself with the same Bates, 47 PM securities, and distributed them to himself as life ten. ant under the will, on his death the remainder.men 2. Pase of St. Louis & S. Court of t':: were entitled to recover the securities, though they stood in the name of the life tenant, and he was in. stets by the Cnited States was attacke solvent.-MERCANTILE TRUST & DEPOBIT Co, OF BAL fras opportunity to Mr. constitution TIMORE V. WELD, Md., 36 Atl. Rep. 445, "Ini teste the opinion to pre-court , follow. 90. USURY-Effect on Mortgage.-Where a promis, paved and exhaustive dis. it, upon the sory note is given for a loan infected with usury, and this is secured by a deed to realty, the latter is void as zion law liability for ac. the federal e a conveyance, and cannot be treated as an equitable mortgage.-EQUITABLE MORTG. CO. V. BRASWELL, Ga., ett ires, of the statutory jury applies o 26 S. E. Rep. 487. yang such liability, both in ment and not 91. VENDOR'S LIEN–Release.-In a sale of realty, the * 1992 States, and of the the provision vendor retaining title, the taking of a note of either vendor or a third person will not discharge the lien by n'he exercise of their po- court states it implication, in absence of plain intention that it 80 bare vllitional burdens and liberty ani operate.-MANSFIELD V, DAMERON, W. Va., 26 8. E. PE Rep. 527. a corations previously laws. Hence92. WATERS Avulsion.-Where by reason of ! Decessary for the likely to asce freshet, the channel of a stream between adjoining landowners is changed so as to perceptibly cut off a tre property, or health of number secur point of the property of one of them and leave it be De seision, in substance, was magic in the yond the thread of the stream, the ownership is not changed.-SWEATMAN V. HOLBROOK, Ky., 38 8. W. Rep. I 17, making railroad bi time. In 691. w property destroyed by tegrity are 4 93. WATER COURSE-Obstruction by Non-resident.Where a natural water course is so obstructed by a dam built on a non-resident's land as to work an injury to a resident owner of adjoining land, a court of equity has jurisdiction to redress the injury.-GORDON V. WARFIELD, Miss., 21 South, Rep. 151. 94. WILL-Devise in Trust. Testator bequeathed a karive railroad com. and advancin property to his wife, in trust, providing that after her death the real estate should go to his three sons, "in trust, the net income of which shall belong to them share and share allke," and at their death the estate to pass to their heirs, etc.: Held, that this was an a cà companies and the conduct, hun rue des are impliedly permitted system-will active, continuing trust, for which a trustee should be appointed on the refusal of the sons to act.-IN RE farina of their roads, and progress and HEMPHILL'S ESTATE, Penn., 36 Atl. Rep. 409. 95. WILLS Nature of Estate.-Testator gave the re sidue to his executors, in trust, at his wife's death, to inted within the State liable of the State i pay the income to his four children named, in equal shares, for their lives, respectively, and on the death Hot fire from its loco. to abolish the of my above named children, and as the same sball de la companies the it, as they die occar, then in trust to pay over, grant, and conver Jadi aw. It will be ob- twelve to eight unto the respective children of my above named sodi and daughters the principal or share of my estate, the income of which is devised for the benefit of tbelr re late and timjanies liable for dam. the United St: fontention were the cases, Walker spective parents for life, in such manner as if such de ceased sons and daughters had died, seised thereof, have acomotives, although years ago, he intestate:” Held, that a grandchild who survived testator took a vested estate.-IN RE SNYDER'S ESTATE, Penn., 36 Atl. Rep. 420. 96. WILL Remainder to "Right Helrs.” – Where & fund was bequeathed in trust to pay the interest to testator's wife, and on her death the fund to be paid to his "right heirs," on the death of the wise the fond fydliaitution of Utah on. State cannot went to testator's heirs at common law.-IN RE MC Burea in connection without due CREA'S ESTATE, Pepn., 86 Atl. Rep. 412. 97. WITNESS — Impeachment.-In order to show that a witness had made statements out of court different ves. In that instru- necessarily in from those made by him on the stand, he must be previously cross-examined as to euch alleged state y pain inviolate, but in | must be by jc ments. Such statements must be shown by a bill ol exceptions to be material to the question at issue. metion, except in cap. ment is met i The one made out of court must be shown to have been inconsistent with some fact stated by the witness po tempor jurisdiction of due process consist of eight jur. the settled c in his testimony. --State V. CONERLY, La., 21 south. Rep. 192. Wis criminal cases the law of the lar spety rithout due process of must endure, nem is the obligation of the means of secu sa isang cach company owning The court wa sa sul the applicability of common law, silroad company pre . not a privileg izenship whic the 14th am is spital cases the right courts affet it, and not an executory >erbee pertormance by complainanta de Hilitate sales.-GILDERSLEETS T. SUD 11. Rep. . I REST AND TRUSTER-Pollowing matte an executor returned certain store bed in the loveatory of the exte, das muut wbereid be charged himsei sale fles, and distriboted thein to be nder the wil, on bis death the rest entitled to recover the securite te In tbe name of the life tenuit, nt.-MERCASTILA TACST & DEPOSIT (E V. WELD, Md., 36 Atl. Rep. 65. I'NDRY-Effect on Vortgage.- kent oute is given for a loan intected at yecured by a deed to realtp, the it! veyance, and cannot be treated Page. -EQUITABLE MORTG. COF, BEST 4. Rep. 457, ESDOR'S LIEx-Releage.-In a valeurs or retalning title, the taking of a care'i or or a third person will not diseberret stion, in absence of plain interio te.- VANSFIELD V. DAMERON, W. Ta, WATERS - Avulsion.-Wbere be release t, the channel of a stream betree watrs is changed so as to percepti of the property of one of them and it the thread of the stream, the over td.-SWEATMAN V. HOLBROOK, 65,2 WATER COURSE-Obstruction by pa patural water course is so stron wilt op & non-resident's land 1316 74 O a resident owner of adjoining 10.) i bas jurisdiction to redress the inj27) --RFIELD, Miss., 21 South. Rep. III. TILL-Devise \ln Trust. - Testator rty to his wife, in trust, providing the the real estate should go to bi tres the net income of which sball D. and share alike," and at their dealt to their heirs, etc.: Held, ebst ca scontinuing trust, for which a trates nted on the refusal of the 8003 HILL'S ESTATE, Penn., 36 Atl. Bep, #. MILLS - Nature of Estate.-Testate. to bis executors, in trust, at dis : ie income to his four children for their lives, respectively, and et above named children, and as ideas then in trust to pay over, STEDI, E. he respective children of my abore et iughters tbe principal or sharo of us of which is devised for the beserie ve parents for life, in such manner i 1 sons and daugbters had died, damit ite:" Held, that a grandebild or took a vested estate. -IN RESIDEBAR 36 Atl. Rep. 120. verdict must be unanimous, in civil cases Central Law Journal. three-fourths of the jury may find a verdict; also a jury in civil cases shall be considered waived, unless demanded by the parties, or ST. LOUIS, MO., MARCH 19, 1897. one of them. In the recent case of State v. Bates, 47 Pac. Rep. 78, before the Supreme The decision of the case of St. Louis & S. Court of Utah, this constitutional provision F. Ry. Co. v. Matthews, by the United States was attacked as in conflict with the federal Supreme Court, affords an opportunity to Mr. constitution and therefore void; but the Justice Gray who wrote the opinion to pre-court, following many precedents, overruled pare an extremely learned and exhaustive dis-it, upon the ground that the amendment to cussion of the common law liability for ac- the federal constitution in regard to trial by cidental and negligent fires, of the statutory jury applies only to the jury applies only to the United States governprovisions regulating such liability, both in ment and not to the States. The purpose of England and the various States, and of the the provision of the Utah constitution, as the right of the latter in the exercise of their po- court states it, is to "secure the right to life, live power to impose additional burdens and liberty and property, and the benefit of just restrictions upon corporations previously laws. Hence, if a jury of eight men is as chartered when deemed necessary for the likely to ascertain the truth as twelve, that protection of the lives, property, or health of number secures the end, for there can be no tbe public. The decision, in substance, was magic in the number twelve, though hallowed that Act of Missouri, 1887, making railroadby time. Intelligence, impartiality and incompanies liable for property destroyed by tegrity are qualifications which enable and fire communicated by their locomotives, and influence jurors to ascertain and declare the giving them an insurable interest in the prop truth. Such a result does not depend upon erty along their roads, is not in excess of the any particular number. Legal process must powers of the legislature ; that such a statute submit to reform in the light of experience does not operate to deprive railroad com and advancing intelligence. True principles panies of property without due process of must endure, but the methods, modes and law, nor does it impair the obligation of the means of securing their application to human contract between such companies and the conduct, human rights and duties—the social State , by which they are impliedly permitted system—will change with development and to use fire in the operation of their roads, and progress and more complicated conditions." that a statute making each company owning The court was of the opinion that the people or operating a railroad within the State liable of the State had the power in the constitution for property destroyed by fire from its loco to abolish the common law jury or to change motives does not deny to such companies the it, as they did, by reducing the number from equal protection of the laws. It will be ob- twelve to eight. The court cites, among other served that the points of contention were the cases, Walker v. Sauvinet, 92 U. S. 90, wherein tuaking of railroad companies liable for dam the United States Supreme Court nearly twenty en laby fire from their locomotives, although years ago, held that a trial by jury in suits at common law, pending in the State courts, is not a privilege or immunity of national cit. izenship which the States are forbidden by the 14th amendment to abridge. While a State cannot deprive a person of his property without due process of law, this does not necessarily imply that all trials in the State courts affecting the property of persons courts of general jurisdiction, except in cap must be by jury. The constitutional requirement is met if the trial is bad according to the settled course of judicial proceeding and due process of law is process according to the law of the land, as regulated by the law of MILL - Remainder to "Rigbt Hen-1 was begueathed in trast to pay the without negligence and the applicability of such a statute to a railroad company pre- viously incorporated. The framers of the constitution of Utah un- dertook some radical measures in connection with the institution of juries. In that instru- mentit is declared that in capital cases the right of trial by jury shall remain inviolate, but in or's wife, and on her death ibe fond ght heirs," on the death of the Th to testator's heirs at common ka ; ESTATE, Penn., 36 Atl. Rep. 127 . SITNESS - Impeachment. - In order! less bad made statements out of my hose made by him on the stars usly cross-examined as to such such statements mast be ilir? Jions to be material to the quest' itul cases, the jury shall consist of eight jur- ors, and in courts of inferior jurisdiction of While in criminal cases the jour jurors. Je made out of court must be a hconsistent with some fact state. testimony, - STATE V. CONEELT, nakon done by his own dog, sbe rendeira in mount of the injury teribility arises out of the is rention in the wrongful the delen for his wrongdoing, as labor furci kation of the rights of the taiped jud.' s tim answerable for all Thereupon ! inferred. 19 Teen founded in reason and The rene the State. States, therefore, may, if they would be in the care of his second wife, the z'in time. The current breach of: choose, provide for the trial of all offenses only objection to whom was that she was against the States, as well as for the trial of young, and without much experience in the or setting the other way. tering in e care of children. In that case it appeared S.S.) 231. civil cases, in the State courts, without the damage. intervention of a jury, or by some different that a father, at his wife's funeral, requested Nobile ACTIOXG—ANIMAIS. implied ori jury from that known to the common law. that he be left alone with her remains. The New Jerser decides in other, ures. two brothers of the wite remained in the Fuld. Rep. 654. that a joint considerat: The tendency of courts to frown upon guits room, and one of them requested the father or cond:.: aust the separate owners bad reaa for breach of promise to marry may be seen to consent, in the name of his wife, that they in the decision of the case of Yale v. Curtiss, serb destroying the prope other partv. should have the custody of the infant child. s. Each person is liste In this a by the Court of Appeals of New York, where- The father remained silent, and one of the ber com: in it was held that in order to support a re- brothers said to him that, if he would not Teudis done by the dogs ever, that oL covery for breach of promise there must be speak, to shake hands. The father took their evidence of an express contract; that a mu- hands, and after the funeral left the child in when to him. This rule ap- pensation II. E engaged to tual contract to marry could not be inferred their care, where it remained for 21 months. Det f trespass by animals. dered ide 1 I bites one who personally quence of ". from “mere courtship,” or even facts tend- The father, during such time, constantly ing to show an intention to marry on the part claimed the right to its custody. It was held in de fong done by another matrisce. I other Wola of the defendant. The New York court in that he had not surrendered bis right to the defendant, b. to a case like that units reasoning indicates that as “thorough ac- custody of the child. riage, ut lihe case of a joint compensati. quaintance with character, habits and dis Cook v. Bai. position is essential in order to make an inRAILROAD COMPANY RELIEF ASSOCIATION In Coor. telligent contract” parties “may form such -VALIDITY OF RELEASE.-In Chicago, Bur matuod intentional; and the but with ab. an acquaintance without having the infer lington & Quincy R. R. Co. y. Miller, 76 ences of a contract attach.” Such decisFed. Rep. 439, the Circuit Court of Appeals time. The i ions will go a long way towards abolishing for the Eighth Circuit, bas held that in an many actions which are grounded upon mere action against a railroad company by one of flirtation and not upon express contracts of its employees to recover damages for personalet set. But, in the was beld that marriage. injuries through negligence, a plea that the swer off and unite in modes, employee had accepted benefits as a member of a relief association organized by the comNOTES OF RECENT DECISIONS. pany, under an agreement that be thereby relinquished his right of action, does not owers in permitting to pay for the form a valid defense when it fails to show away and commit the PARENT AND CHILD CUSTODY OF CHILDRight OF FATHER.—The Supreme Court of that, if the association was at any time short asia has come before the considerati. L. appears that Wisconsin decides, in Markwell v. Pereles, 69 of funds to meet its obligations to a member, N. W. Rep. 798, that under Rev. St. § 3964, that member could maintain an action against providing that the father of a minor child, if the company, or fails to set out the arrange Olting Denny v. Correll, been made be competent to transact his own business, and ment between the company and its employees not otherwise unsuitable, shall be entitled to with such fullness and certainty that the court the custody of the minor, the father is not may be able to see that the arrangement is fair and reasonable, and not against publie S. Y.) 52 (1837); promise to me unsuitable because its maternal relatives, who have had the care of the child since its policy, nor voidable for want of valuable con birth and the death of its mother, a period of sideration. The concurring opinion of Cald well, Circuit Judge, is worth quoting: “Agdas v. Hall, 2 Vt. 9 | consequences 21 months, desire its further custody, and are able to give it better advantages than the suming that contracts of this character are father, who had remarried, and that a father valid, this case is rightly decided on the is not "unsuitable,” so as to authorize the ground stated in the opinion. But sach.com court to deny him the custody of his child, tracts, in so far as they attempt to release a which had been in the custody of its maternal railroad company from liability for injuries por Cart of Maine that serv. | City of Si. relatives since its birth and the death of its inflicted on its employees through its negli naritation of marriage | Court of M mother, a period of 21 months, because he is gence, are without sufficient consideration, w without any ex narily liable in granit, even though the the wbole time, and that during his absence the child dictum, while not consonant with the weight o espected marriage. travel upon uf. tbere is no actual | labor. Tbe art of their owners. dicated an 11 and the plaint only exists by reason ant could Dot its Marriage, o consideration wins bäs therefore always been se onda will not lie against riage. In th hot big which unite in com services were defendant's 1. Shearer, 20 upon another ise of the Wind 1): Van Steenburgh The only o Bei ( Tihe . Denio (N. Y.), 495 contract, ber Van Order, 20 Barbi. tract for the were no part RENDERED IN EXPECwt-In Lafontain v. Hay MUNICIPA bey 623. it is held by the Act IDENTI them. Here marriage. W With dames reserved by nature, and, due to his business, against public policy, and void, and, mouse is absent from his home a great part of his ultimately be so declared by all courts.". Time Sa peruneration, will not sus- straying ou « PreviousContinue »