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CENTRAL LAW JOURNAL.

No. 12

nysgerty, for purpose of tar JEITILLÄY, 6. W. Bep

13 I - Issuance of Bordo

- ajunction restrain Dg the 1 dl peroration from 1830 ng bonde

fisike of trregolarity in the elec, 104. ben not prerlude the right to

u in election. -DANIELS V. -,6 Lip, 2017. DUTOSI - Tung Sobre ident 34 221:28 sofborizing the cotton

TDF taxes and assesstents, vos de decessary, and in such 23 HT de a pedient, the coapel was ubot eraidebt attorneya, who

tedy, and practice their pro1 - TERSBEEG F. Cocke, Va.,

gale for the full amount of his debt. Afterwarde, but before the expiration of the time for redemption, the dwelling house covered by the mortgage and policy was injured by fire, and the insurance company paid the loss to the mortgagee. No redemption was made from the sale: Held, that the mortgagor could not recover of the mortgagee the amount so paid, but, it he had redeemed, he would have been entitled to have had the amount applied pro tanto on the redemption.CALSON V. PRESBYTERIAN BOARD OF RELIEF FOR DIS. ABLED MINISTERS, Minn., 70 N, W. Rep. 3.

74. MORTGAGE--Tax Title.-The grantee of a mortgagor, who has covenanted to pay the taxes on the mortgaged premises, whether he is the immediate or remote grantee, or whether he gets his title by deed or through a second mortgage, is disqualified from acquiring and holding a tax title to the mortgaged prem. ises, as against the mortgagee.-AMERICAN BAPTIST MI88IONARY UNION V. HASTINGS, Minn., 69 N. W. Rep. 1078.

75. MORTGAGE FORECLOSURE-Pleading-Assumption of Debt.-A complaint in foreclosure which alleges & sale of the premises, and an assumption by the vendee of the mortgage debt, but alleges that, though the deed was executed to such vendee, "your orator is advised" that he was acting as agent for another, but "o! this your orator can make no positive statements, but can rely only on what he has been informed by others," will pot sustain a decree that the alleged principal bad assumed the mortgage debt, and was liable ag purchaser.- FISHER V. WHITE, Va., 26 S. E. Rep. 573.

76. MORTGAGE IN TRUST FOR PREFERRED CREDITORS. -Where one in embarrassed circumstances makes and delivers a chattel mortgage to a third person in trust for certain of his creditors, with the requirement that he shall sell the property at retail, and apply the pro ceeds to the claims of the preferred creditors uptil paid in full, and afterwards, with the consent of his other creditors, to continue to sell and apply the proceeds to their claims pro rata, and the property so mortgaged is largely in excess of the amount of the claims of the preferred creditors, the legal effect of such wortgage is to hinder and delay his other creditors, within the meaning of section 6844, Rev. St., and no action for damages can be maintained by the mort gagor against the trustee for a failure to execute the trust.- BRINKERHOFF V. TRACY, Ohio, 45 N. E. Rep.

66. MASTER AND SERVANT-Assumption of Risk.-One who engages to manage a car, and continues in the employment, with knowledge of the character of the brake in use on it, and the manner of using it, with the danger from the use of it obvious, being injured thereby, canpot recover from the master on the ground that it was negligence not to use apother kind of brake.-WINKLER V. ST. LOUI' BASKET & Box Co., Mo., 38 S. W. Rep. 921.

67. MASTER AND SERVANT-Contributory Negligence. -In an action for death of a servant, a charge that no recovery could be had, though defendant was negli. gent, it deceased "did not exercise that ordinary care and diligence to prevent injury to himself that would be expected of an ordinarily prudent person," is not objectionable in not stating that a failure to use the care which would be used by an ordinary person un. der Ilke circumstances would be contributory negli. gepce, or as eliminating from the case the doing by deceased of an act which an ordinarily prudent person would not do under the circumstances. -- GALVESTON, A. & S. A. RY. CO. V. BONNET, Tex., 38 S. W. Rep. 813.

68. MASTER AND SERVANT - Fellow.servants. Where an engineer stopped the train in order to go under the engine and repair a hot box, the negligence of the conductor in failing to flag a train following, so as to pre. vent injury to said engineer, was that of a fellow. servant; It appearing that, though the conductor con. trolled the movements of the train generally, he had no authority over the engineer in matters affecting the engine, - INTERNATIONAL & G. N. R. CO. V. CULPEPPER, Tex. 38 S. W. Rep. 818.

69. MASTER AND SERVANT-Negligence – Vice-princi. pal.-Whether one of several employees of the same master is a vice-principal as to his co-employees, or whether all are fellow.servants, is not always a question of fact por always a question of law. Generally it is a

mixed question of law and fact, and to be determined in any case by the par ticular facts and circumstances in evidence in the case in which it is presented. The fact that one employee is vested with authority to hire and discharge a coemployee is not conclusive evidence that, as to such co-employee, he is a vice principal; nor does it follow that one employee is not a vice-principal as to his coemployees because not vested with the authority to hire and discharge them.-UNION PAC. RY. CO. V. DOYLE, Neb., 70 N. W. Rep. 43.

70. MECHANICS' LIENS.-Under a statute giving to one who furnishes any inaterial, machinery, or fixt. ures for any improvement on land a lien on such improvement and the land on which it is situated, he has no lien for wrenches or beiting furnished, in no way attached to the real estate, or a necessary part of ma. chinery thug attached.-MEEK V. PARKER, Ark., 38 S. W. Rep. 900.

interest to
paid there!
plant, lls
ties subset, a
that tbeonie
account fun!
cbuse, an!!
of tbe parta?
W Rep. i.

9. PARTNER
pei.- A thru
side venture
cally all its
debted to the
ideolveul, 11.
bands
# me
to share int
creditor bis
3 Atl. Rep

90. PLEADI lu aasun! town halle debt in suit, ant's hands the debt coca since the Or plete delense

21-1s vatt-Damages.- Where & gas

sa donge with its main in s

t.e, whicbis often called Fakta hajuries resulting from an Bartough sach elbos, where it

at close the crack konwn to

bas Co. T. BAKER, Ind., 45

91. PRINCIPA is no prt." to place and procuring a charge it.-ju 00. OF NEW

-***-? 147 1o Employee.-Where a par.

lated on the track leading into Alien bs employees working lo tbe

that it crasbed through the and Filled an employee work

* its approach, and it ap-
ID of cars on sneb tracks
TULA CEDOD practice, and the ex
aits: vas ia dlapate, the question
Amadekupany was negligentia fall.
ad a reasonably safe place to
1.1962 12 23-DOING 7. NEW YORK, U. &

1,5. E Eep, 108,
$9) - aina la – Proximate Cause.-

nas repairing defendant's
2 en kit an employee back to sig.

that the signal was given, -- KUAT Kopped, owing to the engineer's traditacy of brakes; tbat, as the

stood aside to escape it;
23 , the fireman, to avoid dun-
gal ngehended, jumped from the

PUNI, 281 injured bim: Held, that
Rest defendant was the prosl-

2015.-/ACKSON T. GALVESTON, H.

92. PRINCIPA surety on an agreed to all oud surely, delebdat al induced dele! to sign by u tu bim a pribeir cority meters Rep. 85).

1100.

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77. MUNICIPAL CORPORATION - Assessment.-An objection that iand assessed by lots for a public improve ment had never been laid out in lots may be taken in proceedings to obtain a judgment of sale after con: firmation of the assessment, since in such case the confirmation is void.-PEOPLE v. EGGERS, III., 45 N. E. Rep. 1074. 78. MUNICIPAL CORPORATION

Contract Fraud. Where a contract by a city is not induced by corruption of its officers by the other party, it can recover from the other party, on the ground of fraud, only on such CITY OF TACOMA V. TACOMA LIGHT & WATER CO., Wash., 47 Pac. Rep. 738. 19. MUNICIPAL CORPORATIONS--Defective sidewalks

93. PRINCIP) Execution of ter's boud are occurring bet V. VAN STEISI Rep. 860.

94. RAILROA art. 10, $ 2, g11 railroad frti and prevent rates, the pov such as are cu itfs. --RAILRO T.C.R. CO..

* Navigable Stream.-A

71. MECHANICS' LIENS-Contracts-Performance.-In order that the subcontractor may acquire a mechanic's lien, It is not necessary that his contract and his per. forinance of the same should conform in all respects to the contract between the contractor and the owner; and in a case where brick furnished as aforesaid by the subcontractor, and used in the building, were in ferior in quality to those called for by either contract, it is held that the owner had no defense against the lien except such as could have been interposed by the contractor against the claim for personal judgment against him.-WISCONSIN RED PRESSED BRICK CO. V. HOOD, Minn., 69 N. W. Rep. 1092.

72. MECHANICS' LIENS-Proceedings to Perfect.-The sworn statement of a subcontractor for a mechanic's lien must contain a description of the premises on which tie improvement

was erected.- DREXEL V. RICHARDS, Neb., 70 N. W. Rep. 23. 73. MORTGAGES

Ingurance.-A mortgagee, holding a fire polley providing that the loss, if any, should be payable to the mortgagee as his interest might appear, which was procured and paid for by the mortgagor, foreclosed his mortgage, and bid in the premises at the

Jee and Snow.-Where gnow, accumulated on a walk from natural causes, becomes uneven, by travel, or where the walk is so constructed as to dam up melted ridges, a person injured thereon while usiog ordinary snow flowing from adjoining land, and it freezes into care may recover from the city, if it permitted such condition to exist for an unreasonable time after the same became known to the authorities, or might hare been known by reasonable care.-HUSTON V. CITY OF COUNCIL BLUFFS, Iowa, 69 N. W. Rep. 1130.

80. MUNICIPAL CORPORATION - Extension of Limits by an extension of the limits, and is subdivided into Taxation. Where land adjoining a town is brought la lots, and a street is extended through them, a tour acre lot, mostly unfit for cultivation, and on which the owner has built a house, and carries on the best

gainess of fishing in & ouv. by damaged by the placing of an

ALLE FALL which interferes with the

ht, and may gue on behalf of

as situated to enjoin such
BAHAN, Wash., 47 Pac. &ep.

proof as will authorize recovery by an individual.

14- of Alley - Damages. In

to antic's lota, abutting on es two cottages, by closing one

it reare, it appeared that one *** cober #astised by plaint3. The court thatgers that plaintifi LE SI IOD for deprivation of the

Er during tbe five years:

Bereby anthorized to go * loša i rental alue, and, in to defendant for an instruc. geblowe, tbe verdiet would

as evident i was based on 03. NCRPHT, Ky., 3 S. W.

- kant. - Complainant entered anto atendant, purchasing a third

9. RAILROA -Railroad co art. 1435, "to of their ways pot entitled, road, to reco the land tak guards, and of the road u MILAM COCNI

96. RECEIVI not be appoi on mere alles fee and enti uplawfully FELDER V. H

97. RES JCI sive charact issues, and t

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MORTGAGE FORECLOSURE–PleadetPebt.-- complaint in foreclosure THAL

of the premises, and an assumption by the de mortgage debt, bat alleges that the i was executed to such wendee, "you can Ja" that he was acting as agent for ansatte: your orator can make no positive stated rely only on what he has been informed i pot sustain a decree that the alleged peni med the mortgage debt, and was lidt e Jer.-FISKER V. WHITE, VA., $ 6. E. Ba

MORTGAGE IN TRUST FOR PREFERED İLE Jere one in embarrassed circumstances fers a chattel mortgage to a tbird pertai ertain of his creditors, with the requin hall sell the property at retail, and us

to the claims of the preferred medias in full, and afterwards, with the contes r creditors, to continue to sell and astra 3 to their claims pro rata, and the pa gaged is largely in excess of the same as of the preferred creditors, the legal

mortgage is to hinder and delay his ott within the meaning of section 64, 27. ction for damages can be maintained by

against the trustee for a failure to tad -BRINKERHOFF 6. TRACY, Ohie, Ek!

MUNICIPAL CORPORATION - AFSPEIDETI-) on that land assessed by lots for a publici

had never been laid out in lots may be jedings to obtain a judgment of select tion of the assessment, since in sede rmation is void.-PEOPLE V. EGGER P. 1074. MUNICIPAL CORPORATION - Contrai-L e a contract by a city is not induced bye

officers by the other party, It can

Jher party, on the ground of trand,
OF TACOMA V. TACOMA LIGHTS
as will authorize recovery by a

MUNICIPAL CORPORATIONS-Delectie Ad Snow.-Where snow, accumulated al Batural causes, becomes uneren,

the walk is so constructed as to dowívg from adjoining laed, and the

1, person Injured thereon while ens may recover from the city, it is perte

MUNICIPAL CORPORATION - Extentially fon.-Wbere land adjoleing a to

extension of the limits, and take Und a street is extended thround de Jot, mostly aptit for cultivation, ali Der has built a house, and carrito

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mal Law Journal

.

but in fact and in substance. If the vital issue of the latter litigation has been in truth already determined by an earlier judgment, it may not again be contested, but if it has not, if it is intrinsically and substantially an entirely different issue, even though capable of being described in similar language, or by a common form of expression, then the truth is not excluded, and the judgment no answer to the different issue.VILLAGE OF WAYZATA V. GREAT NORTHERN RY. Co., Minn., 69 N. W. Rep. 1073.

98. SALE-Contract-Evidence of.-On an issue as the sufficiency of a heating apparatus to properly warm a building, where it was claimed that its failure was due to the faulty construction of the building, evidence of the comparative results obtained from such plant and another subsequently placed in the same building is admissible.-KRAMER V. MESSNER, Iowa, 69 N. W. Rep. 1143.

99. SCHOOL DIRECTORS-Employment of Teacher.-A board of school directors can make a valid contract with a teacher for a term of school to begin in the next succeeding school year, and after the term of one of the directors has expired.-TAYLOR V. SCHOOL DIST. No. 7 OF CLALLAM COUNTY, Wash., 47 Pac. Rep. 758.

100. STATUTES-Enactment.-Where the report of a committee of conference on senate amendments to a bill first passed by the house is adopted in each branch by a majority vote taken by yeas and nays, and the names of those voting recorded on the journal, pursuant to Const. art. 4, § 32, the provision of section 31 that po bill shall become a law upless, "on its final passage," the vote to be taken by yeas and nays, etc., and the names of the members voting be recorded on the journal, is satisfied.-BROWNING V. POWERS, Mo., 38 S. W. Rep. 943,

101. TAXATION-Migratory Stock Law.-Laws 1895, p. 105, ch. 61, providing that live stock driven into the State for the purpose of grazing after the first Monday in April in any year shall be assessed for taxes as if it had been in the county at the time of the annual as. sessment, is not unconstitutional, as discriminating between live stock and other property.-WRIGHT V. STINSON, Wash., 47 Pac. Rep. 767.

102. TAXATION-Personal Property.-The situs of per. sonal property in the hands of a trustee under a will, for the purpose of taxation, is the domicile of the trustee.-CITY OF WALLA WALLA V. MOORE, Wash., 47 Pac. Rep. 753.

103. TAXATION OF NATIONAL BANK SHARES.-Under the restriction contained in Rev. St. U.S. $ 5219, that the shares of stock in national banks shall not be taxed by a State at a greater rate than is assesse, upon other moneyed capital in the hands of individual citi. zeng of such State, such shares are not taxable under the statute for the taxation of personal property gen. erally; the owner of “other moneyed capital” invested in credits, whether by a corporation in which he is a stockholder, and which is assessed under Pol. Code Cal. § 3608, or by himselt individually, being entitled by Id. § 3629, to a deduction from his assessment for debts due to bona fide residents of the State, while the owner of bank stock, which is property, and not a credit, cannot obtain such deduction.-MCHENRY V.

of an 11 drawing the instruments, and in paying the money;

the local 3but C's debt was entirely separate from B's, and B was not aware that the additional money borrowed from

that all !! him was to be used in satisfying O's usurious loan:

belonging Held, that the last transaction was not tainted by the usury inherent in the debt to C.-STEEN V. STRETCH,

| .11 10., MARCH 26, 1897.

bers of the Neb., 70 N. W. Rep. 48.

ploveest 106. VENDOR AND PURCHASER - Fraudulent Repre. sentations.-A purchaser of real estate has a right to

four Wern

na tle case of Curren v. rely upon the representations of his vendor touching

They furti the quality and location of the property, and the char.

at at Court of Appeals, is acter of the improvements thereon, whenever the

been reis

Itt ageriudce and without doubt facts concerning which such representations are made

the brewr are not within the knowledge of the purchaser.-MOL- reeds far beyond the limits of LEN V. KINSEX, Neb., 70 N. W. Rep. 18.

21: 119 rendered. Involved | weeks afte! 107. VENDOR AND PURCHASER-Fraudulent Represen.

visions of i tations.-As a general rule, a misrepresentation which

za a question as to tbe right embodies matter of law is one upon which party

d'exer. Of late

years

the des a memberi cannot rely, as all parties are presumed or bound to

dans of this character by

requested: know the law; but where it is as to the law of another State, or its effect, it is not within the rule, and may be para ben rendered necessary by upon hia De fraudulent, and ignorance of the law may be pleaded

Et sx organizations. In the

committees by the one to whom the misrepresentation is made.WOOD V. ROEDER, Neb., 70 N. W. Rep. 21.

the officers 108. VENDOR AND PURCHASER-Sale-Rescission.--ODE

fusal to be cannot rescind a contract for purchase of land merely because the vendor was unable, owing to refusal of

this solely a tepant to vacate, to deliver possession till seven or

mentioned. eight days after the time stipulated, such delay being unimportant, and being used merely as an excuse lo

lense op it aid of a desire to rescind.--ARMSTRONG 8. BREEN,

law. Iowa, 69 N. W. Rep. 1125.

cision of it! 109. WATERS-Irrigation Public Lands. The act of congress of March 3, 1891, regrading irrigating reser

murrer. voirs, canals, and ditches on the public domain, ap. plies only to public land which was vacant and upoc. cupied at the time of its passage, and does not allthorize one proceeding under its provisions to interfere with the possessory rights of settlers, though

NIPPEL V. without title, acquired before its passage. FORKER, Colo., 47 Pac. Rep. 766.

110. WATER RIGHTS – Injunction. – The fact that a riparian owner who has purchased a right to a certain number of cubic feet of water per minute coustantly wastes part of the water so purchased does not entitle

Jos tee members of an organi- from when an upper owner, who took subject to the purchase, to withhold a part of the other's water equal to the amount which the other wastes. – HOME ELECTRIC

as at the Knights of Labor, jury to othe LIGHT & POWER CO. V. GLOBE TISSUE PAPER CO., Ind., 45 N. E. Rep. 1108.

etter thind the acts of its mem. purpose, the 111. WILL8-Presumption of Revocation.-Where it is

ua ta the brewing trade. The that princip established that testatrix executed a valid will, and

haled that in 1890 two of the de- its monopol left it with a notary, the presumption of revocation arising from the fact that it could not be found after her death, and from the evidence of the notary that

would tend she had it in her possession last, is rebutted by the frequent declarations of testatrix, up to within three lays of her death, that the will was with the potary,

en twin the employment in is deeply in

cities. Eve and warranty its establishment as a lost will.-IN RX STEINKE'S Will, Wis., 70 N. W. Rep. 61. 112. WILLS-Presumption of Testamentary Capacity:

of the const -Where the formal execution of a will is proved, and

Filma or elsewhere. Upon all, and to e

lawful vocat the subscribing witnesses testify to the proper age and sanity of the testator, the law presumes that be was

parte, ariants made complaint to out the imp possessed of testamentary capacity, and, without sub.

post them to discharge bim, quired for submit the issue to a jury. - MOFADIN V. CATRON, MO.. stantial evidence to the contrary, the court should not

ou lavored to prevent himmunity, and 38 8. W. Rep. 932. 113. WILLS--Substitution of Unprobated W11-Limita

po to defendants admitted the associat tions.-A proceeding to substitute & will not probated

feeling whic for one probated involves a contest of the latter, and must be brought within the three years after the offer

en tu control the acts of its ! to oppress

mou benefit ing thereof for probate given by Rev. St. 1894, $ 2766 (Rev. St. 1881, § 2596), for contest thereof, notwithstand. ing the former will has been concealed, and section

single effort 301 (section 300) provides that a cause of action which has been concealed may be prosecuted within the

We bepers Association, and I did not inte

In conclu period of limitation after its discovery. - BARTLETT F. MANOR, Ind., 45 N. E. Rep. 1060.

tabe New York court bolds semper cd so organization or com ad aliquen be to bamper or to pa berdum, and through contracts en rib employers to coerce

The et to become members of the sa and a come under its rules and a male dhe penalty of the loss of rond d deprivation of employe repére is unlawful. It seems

The court Li va si an engineer by trade, general con ranges the defendants for har. be presume cu aje bim by taking away operation of sa sariga livelihood and pre- publie polie

ha detaining employment. which justi

at a the Brewery Workingmen's ation as eiti

ices of men

tened that onless he would join

wared to and subject him. an god regulations, they would alt 110, and would make it impole et sa obtain employment in

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DOWNER, Cal., 47 Pac. Rep. 779.

104. TRUST DEED Death of Grantor. Where grantor in a trust deed for creditors dies before the trust is executed, and there is a condition of affairs authorizing the appointment of an administrator, the authority of the trustee is terminated, and the district court has no jurisdiction to authorize the trustee to enforce the trust, though no administration is pending, and all the property belonging to the estate is embodied in the trust deed.-ThaxtON V. SMITH, Tex., 38 S. W. Rep. 820.

105. USORY-- Bank Discount.--A was indebted to B in a certain sum, and C in a further sum. The contract with C was uguriong.

A obtained a larger loan from B, and from its proceeds discharged both debts. O acted as the agent of B in exan:ining the title and

of the organization

ti up the fact of the ex

Helt Rochester of a body

ortant, and being used werely #: 013

a desire to rescind.-ARMSTROSE 64 N. W. Rep. 1125. WATERS-Irrigation-Public lands. Thes ss of March 3, 1991, regrading images anals, and ditches on the publie tout ply to publie land which was facile

at the time of its passage, and last one proceeding under its provacie itb tbe possessory rights of sett.se It title, acquired before its pisar. R, Colo., 47 Pac. Rep. 766. WATER RIGHTS -- Injunction. - Ite. n owner who has purchased arcade r of cubic feet of water per miesto

part of the water so purchased dors er owner, who took subject to the per Id a part of the other's wite egal

which the other wastes. - How POWER CO. V. GLOBE TISSUE Parsile Rep. 1108. VILLA-Presumption of Revocatio3.-F. Slied that testatrii executed a Faid. with a notary, the presumption or

of an agreement between that association and og the instruments, and in parlar az

Central Law Journal. 's debt was entirely separate frou is de

the local assembly referred to, to the effect ware that the additional moderne

that all employees of the brewery companies *to be used la satisfying O'd braun ibat the last transaction wit so: 001102

belonging to the association should be memjaberent in the debt to C.-EDIA ST. LOUIS, MO., MARCH 26, 1897.

bers of the local assembly, and that no em70 S. W. Rep. 16.

ployee should work for a longer period than VENDOR AND PUBCHASER - Frandset 2 tions.-A purcbager of real estate si The decision in the case of Curren v.

four weeks ' without becoming a member. pon the representations of bla Tech jalty and location of the property, ale

Galen
, by the New York Court of Appeals, is They further alleged that the plaintiff had

been retained in the employment of one of of the improvements thereof, ateet one of much importance and without doubt concerning which such representa ot within the knowledge of the past will attract attention far beyond the limits of

the brewing companies for more than four

weeks after he had been notified of the proKINSE?, Neb., 70 N. W. Rep. 15 the State in wbich it was rendered. Involved VENDOR AND PURCHASER-Frauds in the case was the question as to the right

visions of the agreement requiring him to be ps.--As a general rule, a misreprenad of freedom of labor. Of late years the de

a member of the local assembly; that they dies matter of law is one opod .. bt rely, as all parties are presuded os k.

termination of questions of this character by requested him to become a member, and that the law, but where it is as to the laws the courts have been rendered necessary by

upon his refusal to comply they, acting as a or its effect, it is not witbla the rule in ment, and ignoradce of the law miss the action of labor organizations. In the

committee appointed for the purpose, notified one to whom the misrepresent PADA Case referred to, the New York court holds

the officers of the brewing company of his reV. ROEDER, Neb., 70 N. W. Rep. :! that if the purpose of an organization or com

fusal to become a member, and that they did L'ENDOR AND PURCHASER-Sale

lat rescind a contract for purchax od 20 bination of workingmen be to bamper or to

this solely in pursuance of the agreement se tbe vendor was unable, owing .** restrict that freedom, and through contracts

mentioned. The plaintiff demurred to this dept to vacate, to deliver possession ti = lays after the time stipulated, soci del or arrangements with employers to coerce

fense on the ground that it was insufficient in other workingmen to become members of the

law. The court of appeals affirmed the deorganization and to come under its rules and

cision of the court below, sustaining the deconditions, under the penalty of the loss of

murrer.
their positions and of deprivation of employ-
ment, their purpose is unlawful. It seems

The court said in its opinion that in the that plaintiff, who was an engineer by trade, general consideration of the subject it must brought suit against the defendants for hav

be presumed that the organization or the coing conspired to injure him by taking away

operation of working men is not against any bis means of earning a livelihood and pre- public policy, but that the social principle venting him from obtaining employment. The defendants were members of an organi

which justifies such organizations is departed zation known as the Brewery Workingmen's

from when they are so extended in their oper

ation as either to intend or to accomplish inLocal Assembly of the Knights of Labor, jury to others. The effectuation of such a which aimed to control the acts of its members in relation to the brewing trade. The

purpose, the court said, would conflict with

that principle of public policy which prohibplaintiff alleged that in 1890 two of the de

its monopolies and exclusive privileges, for it

would tend to deprive the public of the servthe organization referred to and subject him-ices of men in useful employments and capa

cities. Every citizen, the court continued, is deeply interested in the strict maintenance of the constitutional right freely to pursue a

lawful vocation, under conditions equal as to the city of Rochester or elsewhere. Upon all, and to enjoy the fruits of his labor with

out the imposition of any conditions not required for the general welfare of the community, and the sympathies or the fellowfeeling which as a social principle, underlies the association of workingmen for their com

mon benefit are not consistent with a purpose members, but set up the fact of the ex

to oppress the individual who prefers, by istence in the city of Rochester of a body

single effort, to gain his livelihood. known as the Ale Brewers' Association, and

In conclusion, the court said that while it did not intend to intimate that the organiza

fendants threatened that unless he would join

from the fact that it could not be liar

atb, and from the evidepce of the

it in her possession last, is

t declarations of tescatria, up iv her death, that the will was kita tee prants its establishment as a los s's WILL, Wis., 70 N, W. Rep. 61. (ILLS-Presumption of Testamentarsi

the formal execution of a sim fcribing witnesses testify items

self to its rules and regulations, they would
obtain his discharge from the employment in
which he then was, and would make it im-
possible for him to obtain employment in

the testator, the law pitauko d of testamentary capacky, 806, levidence to the contrary, the course be issue to a jury, - MCFADISS.

his refusal the defendants made complaint to
kis employers, forced them to discharge him,
and otherwise endeavored to prevent him
earning a livelihood in his trade.

In their answer the defendants admitted
the fact of the existence of the organization
and that it assumed to control the acts of its

Rep. 932.

LLS-Substitution of Unprobatet

proceeding to substitute à la probated involves & contest of

brought within the three fear *

eot for probate given by Ber,
1891, $ 2596), for contest thereol IS

former will has been concealet f *

Ion 300) provides that called

concealed may be prosecute limitation after its discorers,

nd., 45 N. E. Rep. 106).

instance OD

Rep. p.

icebr its terms, recog: tending to li de proteine the right of entering useful in eos.

sa vrut should be regarded as a

di noch so as a verdict ren.

pieces se arising out of tort. The
stendere assignable, by virtue of

on cross.ex25

real and that Code that: A

beld admtion of the local assembly in question by the unreasonableness, where the contract limits

also discul*** the company's liability to damages sustained des for a purely personal

we take it, to workingmen in the Rochester breweries was on its own line, and the destination of the rans unliquidated and un

can introduit not perfectly lawful in its general purposes

stock was on another line, several hundred a scat, dies with the person; pose of it is and methods, yet, that so far as a purpose

Dow prene?! miles beyond the terminus of defendant's avat the section of the code appeared from the defense set up to the com

court, wheb line, and defendant had no station agent or Hoe be to prerent this replaint that no employee of a brewery com

officer at or near the place of destination. as been ascertained by a ing testimo?! pany should be allowed to work for a longer

The court cites with approval Smither v. non eget the rerdict becomes the reexar: period than four weeks without becoming a

groundlessut Railroad Co. (Tenn.), 6 S. W. Rep. 209, and

to the representatives ment. The so member of the Workingmen's Local AssemCates v. Railroad Co., 41 Ill. App. 607. The

1. 8 judgment would at character of bly, and that a contract between the local assembly and the Ale Brewers’ Association case of Sprague v. Railroad Co., 34 Kan.

I den becomes the duty of half of the

J., in Will!

the alministrator to defend should be availed of to compel the discharge 347, holding contra, is distinguished.

ce the estate.' Wood r.

Decessary to of the independent employee, it was in effect

Dra. N. S.) 1. In the

not only ulud a threat to keep persons from working at the

ASSIGNMENT-VERDICT FOR TORT.-It is de

um for damages became

upon such particular trade, and to procure their dismiscided by the Supreme Court of Minnesota, in

to appreciate it

emined by the verdict.end a laro sal from employment, and that while

Kent v. Chapel, 70 N. W. Rep. 2, that un

su kriet uncertainty about the lancer seen might be true, as argued, that the contract der Gen. St. 1894, § 5171, providing that

into the histo was entered into on the part of the Ale Brew

after a verdict of a jury or report of a referee ers' Association with the object of avoiding

in any action for a wrong, such action shall

Frai This right is a valuable just what Mr disputes and conflicts with the workingmen's not abate by the death of any party, a ver

lieve, and suo organization, that feature and such an inten: dict in an action for a wrongful personal in

may be quite tion could not aid the defense, nor legalize a jury is assigpable. The court says that "in

or suspicious

para contract, or other able counsel plan of compelling workingmen not in affiliHunt v. Conrad, 47 Minn. 557, 50 N. W.

tbe merits. I ation with the organization to join it, at the

Rep. 614, it was held that a right to recover peril of being deprived of their employment damages for a personal tort was a mere per

very thorou and of the means of making a livelihood.

cedents. The sonal right, and not assignable, even after

propriety wil Upon this subject see the recent decision verdict, and before judgment. This decis

and will or of Vegelahn v. Guntner, 44 N. E. Rep. ion seems to have been based upon what was

SUSTAINING abuse of this 1077, 43 Cent. L. J. 457, 464, wherein the

think a with considered by the court principles of the

cedents whic Supreme Judicial Court of Massachusetts common law, and its attention was evidently

explain bis a holds that the maintenance of a patrol of two

not called to Gen. St. 1878, ch. 66, § 41

bana,
rently decided an inter-

punishment i men in front of plaintiff's premises, in fur

tact for that y (Gen. St. 1894, $ 5171), which, in part, therance of a conspiracy to prevent, whether reads as follows: 'After a verdict of a jury,

ceive why thi

rived from the by threats and intimidations or by persuasion decision or finding of a court or report of a

must be bette and social pressure, any workman from enreferee in any action for a wrong, such ac

history, and i tering into, or continuing in his employment,

tion shall not abate by the death of anything, evidence that tbere are in. would be enjoined. party.' The legal effect of this statute is for dage sending against him for extenuatinge

be with him the delendant may on re-ex

recall them. not discussed or adverted to in Hunt v. Conrad, and, even if sound in enunciating the feature witness detail the cir- the few autho

well establish

ule which he was so indicted, misunderstoo, NOTES OF RECENT DECISIONS. common-law doctrine, it is inapplicable to the

lacious cours statute which we have quoted, and which is CARRIERS OF LIVE STOCK LIMITATION OF LIABILITY--REASONABLENESS. –The Supreme

taining bettei

or attempting to ['pon the poii Court of Illinois, reversing the Appellate

expressions u Court, holds, in Baxter v. Louisville, N. A.

Minn. 134, 56 N. W. Rep. 588, it was held

szent. The court on this others with bi

tation, to-wit: & C. Ry. Co., 45 N. E. Rep. 1003, that a

that, where the party dies after the rendition
of a verdict in an action brought to recover

tion to make provision, in a contract for the carriage of

Nimissibility of the character

warrant. It live stock, that the shipper, as a condition

in the state to impeach the wit

no one else cal

posit bon beretofore discussed by this "Among the precedent to recovery of damages for injury carelessness or negligence of the defendant,

Rice on E to said stock, will give notice in writing of

the action does not abate, but may be con

mates it is held that testimony witness, with

Ky is under a charge of a crim.
tinued by or against the personal represent.
atives of the deceased, under the provision

Table for the purpose of im. crime?' (nami

'were you

raad tbat, until there is proof instances the of the statute which we have above quoted.

ale roma la protected by the legal | the facts, and a. In Carroll v. State, 32 a bharacter of evidence was

the affirmativ tially that in Wait, Code N. Y. $ 121

presumptions

2 - EXAMINATION
felry en Titxess.—In Tippett

T. Rep. (not yet reported),
Corinal Appeals of Texas, per

n. It held that, where the 145€Tunination of a material wit.

a beter dart, elicits, for the purpose

Case worse tb

பயis may

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be considered by of sustaining his

cases out of to

the same as Gen. St. 1894, $ 5171. In the
later case of Cooper v. Railway Co., 55

e mooring

Berat qen his character resulting

for personal injuries sustained through the

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his claim to some officer of the carrier or its nearest station agent, before said stock is removed from the place of delivery, and before it is mingled with other stock, is void, for

The language used in our statute is subtan

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