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not necessary, to constitute larceny from the presenten -Prastos . HOR

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CONTENTTTASEES-Assignment for Cred. P121 trust was accepted by the

ata/indebtedness, in good Jeg til some hours later, of an She att creditors made by the 10, lis nie: Held, that the two lu

be rezuided as separste and dis. AUTO Tas Talld.-HILL T. BYAN

TO DITETASCES - Notice. - Á sale is

- there there is no secrecy our does not know that the

8. CONTINUING CONTRACT.-A life policy, delivered

ditaw wzred, does sot deprive a mining the te:

SCRANCE LEA upon payment of the first year's premiums, is a con

Cultetion of a gultanninst tinuing contract for the life of the insured, subject to

Tide of the claim to recover

28. LIMITATI be forfeited for non-payment of premiums, and pot

-KING V. ORIENT Lng. C0..

a foreign curt merely a contract for a year, renewable by payment of

1 1.272,3le. Rep. 1.

to how the ba subsequent premiums.-MCMASTER V. NEW YORK LIFE

en 1-fan Created by State Stat witbout priu! INS. Co., U.S.C.O., N. D. (Iowa), 78 Fed. Rep. 33.

Sprded by tbe statutes of process aga's 9. CORPORATIONS - Minority Stockholders.-Where

and in the State courts may be edo on its doink minority stockholders, by suit, obtain a cancellation

and the pational courte either ute is made tu of claims against the corporation, and an injunction

asemalty, as the nature of the Cal., Pac B restraining the directors from voting excessive com.

Prega's. -DARRACH V. H. WET

99. MALI pensation to officers, the complainants are entitled to

11,601 App., Eigbth Circuit, plaintiffs alir. a reasonable solicitor's fee, to be paid by the corporu.

without pre! tion.-DECATUR MINERAL & LAND CO. v. PALM, Ala.,

ca LITAINER – Defenses, -De. against på at 21 South. Rep. 315.

D. Tad zalawful detainer cargot charged her 10. CRIMINAL LAW-Homicide-Insanity.-Where the

TEKEN Entry and detention are Meaghr and it

& not in bis own rigdi.defense of insanity is interposed in a prosecution for

rant issued,

Pem, i., South. Rep. 352 murder, the important question is the mental capacity

onlawfalir, a. or incapacity of the defendant at the time of the homl.

ID CONTITUCES. – A bill by a sub imprisoned br cide; but testimony as to his state of mind shortly be.

2L BETCAT ID Cancel alleged fraudu.

murrer war. fore and after the homicide may be received as tend:

it of the debtor to the original

that the facts ing to show his mental condition at the time of the

Tiety, comes too late wben

maliciou, pri homicide.-STATE V. NEWMAN, Kan., 47 Pac. Rep. 881.

conteyances were made, 18

47 Pac. Rep. »

12 316 roceedings, and 5 years 11. CRIMINAL LAW-Larceny from the Person. It is

$. MASTIK

-One who that the property be either forcibly or secretly taken,

employer at in -HIGGS V. STATE, Ala., 21 South. Rep. 353.

stay here, an

will employ yo 12. DAMAGES--Evidence.-In an action by a woman

such hiring for personal injuries, in which no special damages

party.-BOOTH were claimed for loss of time from inability to labor,

36 Atl. Rep. ili evidence that plaintiff had not "been out to service

81. MASTER since the injury” was admissible to show her condition after the accident.-CITY OF DENVER V. Humas,

rallroad compe Colo., 47 Pac. Rep. 911.

ISO C0f App., Fifth Circuit, 78 shipper over

construction 13. DEDICATION.-The fact that the owner of vacant and uninclosed lapd being put to no present use makes

way, although

edge of the rai vo dissent to the public's traveling over it in a certato

short distance route does not show an intention to dedicate.--TUT: WILER V. KENDALL, Ala., 21 South. Rep. 332.

** tutte upting to detrand, and jured in an acc

company bet 14. EJECTMENT Title.--The fact that defendant In

from sucb pen ejectment lived on the land with her husband for 13

a safe place for years, and in the meantime recognized his title by re

see that the ca nouncing dower in three mortgages executed by him,

V. RECEIVER including the one under which plaintiff claimed, and

App., Fourth that, after the husband left for parts unknown, she re mained on the land, and endeavored to pay the mort

ka tae busband: Held that, beneficiary of

82. MECHANI gages, and in fact made a payment on one, tended to show that she claimed the land under the husband.

property on The title of plaintiff in ejectment is not speculative be cause his deed contains a covenant of warrants which he intends to enforce if he fails in the suít.--BRADLEY v. DRAYTON, S. Car., 26 S. E. Rep. 613. 15. ELECTIONS

Voting Machine.-Const, art. 8, $ !, providing that voting shall be by ballot, "and, in all

Dolgbt.-bere an execu. cases where an election is made by ballot or paper

on land, the right to claim vote, the manner of balloting shall be the same as I

- Wrposed before an order now required in voting for general officers, until otber wise prescribed by law," permits of a law authorizing

atelsthe citcuit court.-LACK the use of the McTammany voting machine, by which choice is indicated by puncture of a roll of paper on

DA-Fixtures.-There a lease which the names of candidates are printed.-IN BE

me by the tenant should re. VOTING MACHINE, R. I., 36 Atl. Rep. 716.

Gnoved by him without 16. EXECUTION SALE Action to Redeem.-An execa.

um delay of four days after tion defendant, who has made a statutory tender to te deem property sold under the execution, may sue to

tai sale of the fixtures, did prived of jurisdiction by the fact that the parcbaser claimg title under a prior sale on an execution against the same defendant, and not under the one from which

linn on a purchaser of the reredemption is sought, the title so claimed not belog

DA, R. 1., 36 Atl. Rep. 17. FEDERAL COURTS - Jurisdiction

A u shoald put him on in. 56 1 SARLTOI, Ala., 21 South. Rep. 309. VENTTIANCES – Penue-Pleadlag

a bosdard to a wife being attacked latary, the wife showed that the tale: stateradee by her of other land

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a lund lay in a different county, the Bested by ? Hill's Code, $ 158, requir. San be commenced in the So lig, tron determining whetber

on the wile Ip traad of creditors. IZ BASE OF SEATTLE, Wash., 47

telead in waived as against

I wonth, Bep.341.

esky

, dering which time the par.

Gen. St. 2152, 1
lien the owner
CORNELL V. (o
Rep. 912.

33. MORTGAG
is given to sec!
lien to a judga
mortgage was
pot filed until
prorate with
FELD, Wasb., 4

34. MORTGAG to sell under the original i -BIBB V. CRET

35. MUNICIPA tedne88,-The charter of the the powers of city power to i of interest on Ilmit previous power to tax, a cient to pay at may be compe A single year o in the court's --UNITED STAT App., Fifth Ci

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1919 – Unrecorded Lease.-A0

OF ALL the Current Opinions of ALL the State
and Territorial Courts of Last Resort, and of
the Supreme, Circuit and District Courts of the
United States, except those that are Published
in Full or Commented upon in our Notes of
Recent Decisions, and except those Opinions in
which no Important Legal Principles are Dis-
cussed of Interest to the Profession at Large.

al signment of the lease to
adverse to that of the execution defendant.- VICK F.
BEVERLY, Ala., 21 South. Rep. 325.

antiretruction of Contract.-
ent States.-The fact that an insurance company, after

nance contains a reference
the adjustment of a logs in Iowa, and the assignment
by the insured of his claim for the amount thereol,

*** tame transaction, such

valta certificate or an ap. has been garnished in a suit brought in un Illinole

ita the policy, in deter

ALABAMA, 6, 9, 11, 13, 16, 19, 22, 24, 25, 27, 34, 37, 40, 41, 46,

53, 54 CALIFORNIA...

28 COLORADO.............

..3, 12, 32, 52 IDAHO... KANSAS.

10 MARYLAND.....

20 MISSISSIPPI..

45, 48, 50 NEW JERSEY.. NORTH CAROLINA

. 42, 43, 47 OREGON

49 RHODE ISLAND..........

.1, 15, 26, 30 SOUTH CAROLINA...

..5, 14 UNITED STATES C. C....

2,8,17 UNITED STATES C. C. OF APP........18, 21, 31, 35, 38, 39, 51 UTAH...

29 WASHINGTON.............

.........7, 23, 33, 36 1. ACCORD AND SATISFACTION.-The giving of notes by a husband, under an agreement that if paid at maturity they shall satisfy his wife's pote, is a good accord and satisfaction, though hey ar not paid at ma. turity, where, after default, the payee accepts pay. ment of some of the husband's notes, and sues on the others. --WATSON V. TANNER, R. I., 36 Atl. Rep. 715.

2. ADMIRALTY PRACTICE – Release on Stipulation.After a vessel has been released on stipulation, she is freed forever of the lien, and the court therefore has no authority to require the claimant to give any addi. tional security.-BARNEY DUMPING BOAT CO. V. THE MUTUAL, U. 8. D. C., D. (Conn.), 78 Fed. Rep. 144.

3. ASSIGNMENT FOR BENEFIT OF CREDITORS--Descrip. tion of Assets.-An assignment for benefit of creditors conveying to the assignee all the property of the as. signor, of every nature whatsoever, with the statement that the property was more particularly described in the schedule annexed, and that “all the property is conveyed, whether specified in the schedule or not,” is valid, though the description in the schedule is of a like general character.-GRAHAM PAPER Co. v. SAN. DERSON, Colo., 47 Pac. Rep. 904.

4. BANK- Deposits - Payment. However careless and uncommon may be the payment of money by a bank to a depositor, who had authority to draw the money, without any written order or receipt, if such payment of the money of the firm was actually so made by the bank, it would be a good payment, and the bank would not be further liable.-RICE V. BANK OF CAMAS PRAIRIE, Idaho, 47 Pac. Rep. 866.

5. BILLS AND NOTES-Attorney's Fees-Negotiability. -A note which provides for attorney's fees if collected by suit, or placed in an attorney's hands for collection, is non negotiable.-SYLVESTER BLECKLEY CO. V. ALEWINE, S. Car., 26 S. E. Rep. 609.

6. CERTIORARI–Trial de Novo.-Under Code, $ 795, giving the judge of probate authority to issue certiorari on any civil judgment rendered by a justice, on a grant of such writ the circuit court properly tried the case de noro.-GUSCOTT v. RODEN, Ala., 21 South. Rep. 313.

7. CONSTITUTIONAL LAW Laborer's Liens.-1 Hill's Code, $ 3124 (Code 1881, $ 1974), providing that where execution is issued, except for labor done, persons who have claims against the execution debtor for labor done may give notice thereof to the creditor and the officer executing the writ, and may prosecute their claims to judgment, if disputed, and that the officer shall pay all valid claims for labor as preferred, within limitations as to amount, is not unconstitutional as pot "due process of law,"-GLEASON V. TACOMA HOTEL Co., Wash., 47 Pac. Rep. 894.

36. MUNICIPA -An action at

- Sults in Dlier

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ONTINUING CONTRACT.-A llle polks, payment of the first year's premim, da g contract for the life of tbe leased, felted for 102-payment of pream,

a contract for a year, renewable bare quent premiums.-MCMASTERT, BET 0., U. 8. C. C., 3. D. (Iowa), Fel.be ORPORATIONS - Minority Stockbilder -Ity stockholders, by sult, obtain 1000 Ems against the corporation, and ining the directors fron voting a tion to officers, the complainants et onable solleitor's fee, to be paid by the - DECATUR MINERAL & LAND DO. T. BE ath. Rep. 816. DRIMINAL LAW-Homicide-Insanit.e of Insanity is interposed in a per er, the important question is the meste apacity of the defendant at the time ideas but testimony as to his state of sinds ad after the bomicide may be retino

sbow bis mental condition at the tal wide.-STATE T. Ngwxas, Kan., I Pe. De CRIMINAL LAW-Larceny trou the fess: necessary, to constitute larceny tren dag he property be either forcibly or kata GB V. STATE, Al., 21 South. Rep.al DAMAGES--Evidence.- In an aetion inte ersonal injuries, in which no special to claimed for loss of time from inability oce that plaintiff had not been oute

the injury" was admissible to sbor de after the accident.--CITY OF DESTRETS 47 Pae. Rep. 91. PEDICATION.-The fact that the piecu pinclosed land being put to no presenta

sent to the publie's traveling over the does not show an intention to dedi

v. KENDALL, Ala., 21 South, Rep. ! JECTMENT - Title.-The fact that ko lent lived on the land with beroes

and in the meantime recognized belo ing dower in three mortgages ererate ing the one under which plaintif dia tter the husband left for parts vikaons Jd on the land, and endeavored to pi and in fact made a payment on ditt that she claimed the land anders tle of plaintif in ejectment is not specs his deed contains a covenant of Tamil pnds to enforce it be tails in tõe sost-b

YTON, S. Car., 28 S. E. Rep. 618. LECTIONS - Yoting Machine.-19.30 log that voting shall be bg balki, *18 where an election is made by bailar he manner of balloting shall be the quired in voting for general offices frescribed by law," permits of a large

[graphic]

298

No. 14

CENTRAL LAW JOURNAL.

In Law Journal

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fed octside of the State, in a

sa te siste is w, from sending by taken not to eru. abile in the State, a notice of the citize

dar goods then within the federal conpred be desires the insurance also observe

fairy to attach, operates to ing an oril sien of his liberty without due quiring, bok

due on warrants, where the city agreed to provide a fund for the payment of the warrants according to law, and failed to do so. - BANK OF BRITISH COLUMBIA OF VICTORIA V. CITY OF PORT TOWNSEND, Wash., 47 Pac. Rep. 896.

37. MUNICIPAL CORPORATION-Sidewalks-Negligence. - Where a city by its charter, is required to keep its sidewalks in repair, and is authorized to levy a tax of a certain per cent. for municipal purposes, it is no defense to an action for personal injuries resulting from a defective walk merely to allege that it had ex. hausted its means for the care of streets.-LORD V. CITY OF MOBILE, Ala., 21 South. Rep. 366.

38. NEGLIGENCE-Electricity – Safe Insulation.-An electric light company, which maintains wires carry. ing an electric current of high power on poles used, in common with it, by other companies for the support of their wires, owes to an employee of one of such other companies who is lawfully upon the pole, in pursuance of the common right, the duty of exercising ordinary care to keep its wires so safely insulated as to prevent injury to such employee, though, in the performance of his work, he may enter upon a sepa. rate cross arm of the electric light company, or acci. dentally touch its wires.-NEWARK ELECTRIC LIGHT & Power Co. V. GARDEN, U. 8. C. C. of App., Third Cir. cuit, 78 Fed. Rep. 74.

39. OFFICERS—Breach of Duty-Rights of Citizens.One who seeks relief from the courts for a breach of a dut imposed upon public ers by statute must show that he has a vested right to the discharge of that duty, and that the statute which imposed it was enacted for the benefit of himself and others in a like situation.-COLORADO PAV. Co. v. MURPHY, U.S.C.O. of App., Eighth Circuit, 78 Fed. Rep. 28.

40. PROCESS – Waiver.-When a defendant accepts service of a complaint which states a cause of action, and authorizes the case to be docketed, and to stand for trial, summons is not necessary; hence defects in a summons which in fact issues are waived by the ac. ceptance and authorization.-WARD V. MANLY, Ala., 21 South. Rep. 307.

41. RAILROAD COMPANY-Contributory Negligence.A street car conductor who runs his car over a rail. road track at a crossing in front of an approaching train, which is within his view for 880 feet, cannot recover for injuries caused by a collision with the train. -HIGHLAND AVE. & B. R. Co. V. FENNEL, Ala., 21 South. Rep. 324.

42. RAILROAD COMPANY-Killing Stock.-In an action against a railroad company for killing stock, where plaintiff makes a prima facie case under Code, $ 2326, by proof of the killing, and that the action was commenced within six months, and defendant Introduces evidence tending to show that it was not negligent, it was error to direct a verdict for defendant.-HARDI. SON V. ATLANTIC & N. 0. R. CO., N. Car., 26 S. E. Rep. 680.

43. RAILROAD COMPANY-Killing Stock-Negligence. -Failure to look and listen before driving over a rail. road crossing in the daytime, where the view was un. obstructed, will preclude recovery for the killing of the horse, though no warning signal was given.MESIC V. ATLANTIC & N. 0. R. Co., N. Car., 26 S. E. Rep. 633.

44. RAILROAD COMPANY Street Railroads - Negli. gence.-Street railway companies have no superior or predominant right to the use of the highways in which their cars run, over the rights of other persons pass. ing on foot or with vehicles, except that, because of the inability of their cars to deviate from their track, other passers must give them the right to pass when occasion requires.-BUTTELLI V. JERSEY CITY, H. & R. ELECTRIC RY. Co., N. J., 36 Atl. Rep. 700.

45. RAILROAD COMPANY-Trespassers.-Where a flag. man, whose duty it is, on discovering a trespasser on a train, to take him to the conductor, and then, if so directed, to stop the train, and put him off, ejects a

tsuces trespasser on his own responsibility while the train is in motion, the company is liable for the resulting in.

in mention jury.-SOUTHERN RY. CO. V. HUNTER, Miss., 21 South.

whicb the Rep. 304.

LINTA NO., APRIL 9, 1897 46. RAILROAD RECEIVERS-Authority to Renew Leases

form, an of Cars.-A mortgagee of a railroad who procured &

right to play decree in foreclosure appointing receivers, and giving them power to carry out or renew any contracts made at have: r. State of Louisiana, the federas. by the mortgagor company, in estopped to claim that

45 rently decided by the citizen of the receivers have no authority to renew leases of cars without additional orders of court. - MERCANTILE "Das Repreme Court is a forcible without id TRUST & DEPOSIT CO. V. SOUTHERN IRON CAR LINE CO.,

el peninder that there are limita- statute as t' Ala., 21 South. Rep. 373.

47. REVERSIONS Land of Extinct Corporations. aut power ci states in attempting of law. Land conveyed to a corporation in fee does not revert

altra corporations. The court, der the folo to the grantor or his heirs on the extinction of the cor poration.-Wilson v. Leary, N. Car., 26 S. E. Rep. vreme Court of Louisiana, had a right 630.

satute, which, as construed fere in any 48. SALE-Conditional Sale-Bona Fide Purchaser.

de Nat ckurt

, prohibits a citizen of the Stair Where a merchant buys a safe under an unrecorded contract, whereby the seller is to retain title till the

tok it open policy of marine legitimate e last installment is paid, a creditor of the buyer, who, in good faith and without notice, purchases the prop.

ers as to it i erty, acquires a valid title.-QUIN V. MOSLER SAFE Co.,

sunt company which has not cise of such Miss., 21 South. Rep. 303.

49. TAXATION-Board of Equalization.-Wbere a com. plaint is made by a property owner to the board of equalization that his assessment is excessive, the ag. sessment roll as returned by the assessor fixes the value prima facie; and, though the only testimony of. fered is by the complainant, such testimony cannot be considered as uncontradicted, nor can the determination of the value of the property by the board be re viewed on a writ of review.- OREGON COAL & NAVIGATITO.Son of the fourteenth be embrace TION Co. v. Coos COUNTY, Oreg., 47 Pac. Rep. 861.

Where plaintiff's timberlateral constitution. The contracts in 50. TRESPAS8–Damages. land was uninclosed and occupied, and surrounded od three sides by timber land of defendant, from which timber was being cut and hauled, the fact that defendant hauled across plaintiff's land, thereby cutting ruta in it, did not render him liable for exemplary damages.-KEYSTONE LUMBER & IMPROVEMENT CO. V. MC GRATH, Miss., 21 South. Rep. 301.

a da plate (sw requiring foreign the policy of 51. TRIAL Agreed Statement-Judgment.-When & case is submitted upon a stipulation as to facts, which is mainly a statement of evidence, and not of the ultimate or issuable facts, and the court thereupon makes We to comply with con- extend to pr neither a general finding nor a special finding of facts,

by the State legislature contracts of but merely finds that the facts are as set forth in the agreed statement, a judgment rendered thereon is ID valid; nor can the appellate court, in reviewing such

cap deatered the opinion of State, and w judgment, draw the inference of fact from the admitted evidence, however plain such inference may be to provisions of the fed outside of BURNHAM V. NORTH CHICAGO ST. Ry. Co., U. S.C.C. of App., Seventh Circuit, 78 Fed. Rep. 102.

ed the state for insurance on such an act 52. WATERS–Parol License.- A parol license to enter and construct a ditch over lands by the gratuitous consent of the owner operates as an irrevocable grant after entry and construction of the ditch, its internet him: We are not alluding subject of ti

un the State by an insurance such insuran rupted use for two years, and the expenditure of money to make the water available for purposes of Ir

las doing business therein, of the State rigation.-DE GRAFFENRIED Y. SAVAGE, Colo., 47 Pac. 53. WILLS-Parol Trust.-Ingrafting a parol trust op

the priuciple of the does not pre

may be with obnoxious to the statute of frauds or the statute of wills.-MOORE V. CAMPBELL, Ala., 21 South. Rep. 353.

Toen we speak of the lib.

Durance or to do an act given his property to his wife for ute, with power of appointment to three children "or the survivors," with remainder to them "or the survivor or survivors agreed that the quoted words be considered as omitted from the will, and the wife having adopted the agree

LED such was a valid out wanton ment in her will, the rights of the children and their heirs are to be determined as though such words were not in testator's will.-THORINGTON V. HALL, Al., 2 South. Rep. 335.

24 satan essamed to make any | may be cone

:0 transact business in relation to - TEINTS company guilty of a business wit pul its object obviously was may be regu satisi nas considered to be a form when the co

ampade in order to do busi- statutes, yet

latiti da State" asks Mr. Juss outside of 11

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in store mentioned, a right to State legally

Se den of which State legislation, even t.

Rep. 902.

in haline of the State statutes. par mind -30.6. 648, and would be

bequeathed personalty after probate of the will is not

54. WILLS-Power of appointment.- Testator, haring

stract alrealy exist

tid bare in mind the facts het contract was made

side its limit it. Millikel v. Blair, 21

The deci ibly asserti

of them" if she die intestate, and the children barlak

zen to engage

Mosse, under the circum- Lau Journa

. The act done within with very gel

tot roll as returned by the makes

prima facie; sod, though the only test dered as ancontradicted, nor can ta La of the value of the property by the hanno

d on a writ of review.-OREGOS COLORE 10. V. Coos CORSTY, Oreg., 41 Pze. Zas

TRESPA88-Damages. - Where skich was ubioclosed and occupied, and smo

sides by timber land of defendset in Er was being cut and hauled, the filter Jauled across plaintiff's land, thereby can did not render bim Blable for den |--KEYSTONE LUMBER & IMPROFLUISTA |u, Miss., 21 South. Rep. al. TRIAL -- Agreed Statement-Judgeer

er on his own responsibility that the Central Law Journal. stances of this case and for the purpose thereI, the company is liable for the sa

in mentioned, we hold a proper act—one UITHERN RT. 00. F. HrYTI, NA

which the defendants were at liberty to per1 CAILROAD RECEIVERS-Aatborityte la ST. LOUIS, MO., APRIL 9, 1897.

form, and which the State legislature had no -A mortgage of a railroad the

right to prevent, at least with reference to cil foreclosure appointing rete: Tex et power to carry out or renew 137 The case of Allgeyer v. State of Louisiana, the federal constitution. To deprive the = mortgagor company, Is estopped a dan

17 S. C. Rep. 427, recently decided by the citizen of such a right as herein prescribed Freivers have no autbority to reley

it additional ordera of cori-ime United States Supreme Court is a forcible without due process of law is illegal. Such a 1 A DEPOSIT CO., SOUTHERS LED

sod timely reminder that there are limita- statute as this in question is not due process a south. Rep. 373. REVERS1688 Land of Extinet Depentions upon the power of States in attempting of law, because it prohibits an act which unCabreyed to a corporation in tee toets

to regulate foreign corporations. The court, der the federal constitution the defendants rantor or bis beirs on the ertintadt

reversing the Supreme Court of Louisiana, 200.-WILSON V. LBABY, S. Car., 3!!

had a right to perform. This does not interbeld that a State statute, which, as construed fere in any way with the acknowledged right SALE-Conditional Sale-Bons de per

by the highest State court, prohibits a citizen of the State to enact such legislation in the y a merchant buys a sale onder Cact, whereby the seller is to reteha të

of the State, under an open policy of marine legitimate exercise of its police or other pow. ustallment is paid, a creditor of the brine

insurance, effected outside of the State, in ers as to it may seem proper. In the exerud faith and without notice, parchet i sequires a valid title.-QUIN F. Kocforeign insurance company which has not

cise of such right, however, care must be , 21 South. Rep. $8.

complied with the State law, from sending by taken not to infringe upon those other rights TAXATION-Board of Equalization.- Ft

mail or telegraph, while in the State, a notice of the citizen which are protected by the -t is made by a property owner to the

describing particular goods then within the zation that his assessment is eredet

federal constitution.” Mr. Justice Peckham State, upon wbich he desires the insurance also observed that in the privilege of pursupresente les complainant, soch testare under the open policy to attach, operates to ing an ordinary calling or trade, and of ac

deprive such citizen of his liberty without due quiring, holding and selling property, must
process of law, in violation of the fourteenth
amendment of the federal constitution. The

be embraced the right to make all proper legislation in question assumed to make any

contracts in relation thereto; and although it person so attempting to transact business

may be conceded that this right to contract in relation to persons or property or to do

business within the jurisdiction of the State to prevent what was considered to be a form

may be regulated, and sometimes prohibited,

when the contracts or business conflict with of evasion of a State law requiring foreign the policy of the State as contained in its pela me porna stipulate basurance companies, in order to do busi- statutes, yet the power does not and cannot

extend to prohibiting a citizen from making "Has not a citizen of a State” asks Mr. Jus- outside of the limits and jurisdiction of the

contracts of the nature involved in this case tice Peckham who delivered the opinion of State, and which are also to be performed

outside of such jurisdiction; nor can the JAM V. NORTH CHICAGO ST. RT. 0,04 eral constitution above mentioned, a right to State legally prohibit its citizens from doing his property—a right of which State legislation, even though the property which is the

such an act as writing this letter of notification cannot deprive him? We are not alluding subject of the insurance may at the time when

such insurance attaches be within the limits of the State. The mere fact that a citizen may be within the limits of a particular State does not prevent his making a contract outside its limits while he himself remains within it. Milliken v. Pratt, 125 Mass. 374 ; Tilson

v. Blair, 21 Wall. 241. ing, we refer to and have in mind the facts | ibly asserting

The decision of the court thus forc

the right of the citi

zen to engage in any lawful business, withthe limits of the State, under the circum

out wanton interference or penalty, has met with very general approbation. The New York Law Journal says that the significance of

with a foreign insurance company guilty of a
misdemeanor, and its object obviously was

Dess within the State, to comply with con-
ditions prescribed by the State legislature.

inly a statement of evidence, and I or Issuable facts, and the court i begge ler a general tinding Dor a special trian

erely tiods that the facts are as sem a statement, a judgment rendered the

por can the appellate court, in merita pent, draw the interence of fact tronisk pce, however plalı such interest

the court, "under the provisions of the fed

contract outside of the State for insurance on

Seventh Circuit, 78 Fed. Rep.. SATERS-Parol License.- A parelles opstruct a ditch over lands of the

nt of the owner operates as 80 in

Jentry and construction of the dead

u use for two years, and the

to make the water available tar por

on.-DE GRAFFENRIED F. SATICE 02.

to acts done within the State by an insurance
company or its agents doing business therein,
which are in violation of the State statutes.
Such acts come within the principle of the
Hooper Case, 155 U. S. 648, and would be
controlled by it. When we speak of the lib-
erty to contract for insurance or to do an act
to effectuate such a contract already exist-

VILLS-Parol Trust.-Ingrafting i pe atbed personalty after probate Juous to the statute of frauds & -MOORE V. CAMPBELL, Ala, 11 TILLS-Power of Appointmentbis property to big wife for life atment to three children for at emainder to them "or the survin Im" if sbe die intestate, and the to I that the quoted words be consider he will, and the wife baring and In her will, the rights of tbe CAME fire to be determined as thongton

of this case, where the contract was made
outside the State, and as such was a valid
and proper contract. The act done within

testator's will.-THORINGIUST.

Rep. 335.

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same becase

the wall. lei al theon, while using ordinary aral causes.

na matton to exist for an unreg.
De After the same became known to

it

* It was also held that in an $30 a nity for injuries received in sa lang sidewalk, the official record

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pkt eles from the place of injury, which the ctly

this federal case is that, while power in a Had the policy of insurance been an ordinary 4926. is beld ibat a foreign lands are da' State to regulate the business of a foreign life policy, the right to recovery is plain ; but

EN in Pennsylvania mas be frozen ibare

dangerous to it is the duty of courts to enforce contracts by a resident creditor of de

over the 305 corporation admitted within its borders is re

as made, and not to make or allow to be de cent reviews the Pennsylvania for inļurlene, iterated, the disposition is shown to strictly

person in un uphold the fundamental rights of the individ- made new contracts between the parties. The

begligence on ual from invasion through the pretext of cor- contract was what is known as, and what on

isted for all

CAPORATIONS - ICE AND Snow

its face and in its terms it purported to be, porate regulation. The decision is sound in

SE - LIABILITY. -In Hoston F. to bave been

an "accident policy,' and the defendant corprinciple and eminently proper and just. Its

2. Bufs. 89 N. W. Rep. 1130,

sonable care

Name thouch reasoning might have considerable collateral poration covenanted to pay the sum of money

s te bereme Court of lowa, it facts of the

named if death resulted from bodily injuries force, though not direct application, upon a

IN DATE SHOW, accumulated on a charge. And kind of legislation which has been suggested through 'external, violent, and accidental

-2 canal esiges, becomes uneven

It is contra in our own State with a view to the regula- means alone, independently of all other

er en a falk is so constructed Votnes, 63 low

announced o tion of foreign corporations and their busi- causes,' and it was expressly stipulated that

ar beled soow flowing from ad. we said: “I ness. It has been proposed to impose upon it should not cover injuries of which there

gerous condi directors and officers of foreign corporations is no visible mark, nor death resulting wholly sad is frezes into ridges

, a perdoing business in this State personal liabil- or partly, directly or indirectly, from disease

s moter from the city, if it per such ice and ities and penalties similar to those attaching or bodily infirmity,' or from 'voluntary

time. But to the corresponding officers of domestic cor- overexertion.' In an etymological sense,

tbereon or ot!

may be that porations. Whether such legislation could anything that happens may be said to be an

Da, ir might have been known by such ice and legitimately be comprehended under the accident, but in the sense in which the

rule for such regulation of foreign corporations, or whether word is used in this policy, as shown by the

of Milwaukee

Cases, it would not rather constitute unjustifiable context and as expounded in similar

snow is suffr subjection of individuals to oppression and

is to be taken as meaning 'an event which

TEL "ates weather burean, taken walk over it, penalty, are at least serious questions." proceeds from an unknown cause, or as an

ing dowd, tb unusual effect of a known cause, and there

sta sbor the temperature and the instructio fore unexpected'—something casual and

accord with NOTES OF RECENT DECISIONS. fortuitous. To entitle the plaintiff below to

In that case tl

the same con recover, the burden of proof was upon her,

Collins v. Cits ACCIDENT INSURANCE "BODILY INFIRJInot only to show that the deceased came to

like tbe one at TIES''-APOPLEXY.--In Travelers’ Ins. Co. v. his death through 'external, violent and ac

been removed Selden, 78 Fed. Rep. 285, decided by the cidental means alone,' but also to show that

extent tbewer United States Circuit Court of Appeals for the death was not due, in whole or in part,

the pavement the Fourth Circuit, it appeared that the T.

to pass over, would not

irregular upor Ins. Co. issued an accident policy to one S, firmity. There was not only no proof of any

difficult and

o neon the walk for an unrea insuring him against death resulting through

here, plaintif? accident, but conclusive evidence, from the

*** alter the officers of the city, and the jury!

no to look after such matters, ereising prope external, violent and accidental means, but only medical witnesses examined, that deatb

Isme, or after they, in the exer: not covering death resulting wholly or partly,

happened.

de la performing their duties. "The peglige directly or indirectly, from disease or bodily

en its existence; but this rule

street from infirmity, or voluntary overexertion. S, a

the hot iron, the deceased had stumbled or

- Sau nd freezing upon the walk, or

natural cause man 53 years of age, while engaged in work

will render tk

ki the walk from natural with the alm which required stooping, and shortly after cident; but there was nothing of the kind.

Adams v. Inh running rapidly up a hillside, to get an artiAt most, it might be contended that the ex

N. E. Rep. 231 cle needed in his work, was attacked with

109 Mass. 204; ertions and activities of that morning tended pains in his head and shortly after died. On

12 Pac. Rep.

400m or ice upon the walk the trial of an action on the policy, two phyto bring into activity a then existing but dor.

1006; Elliott, 1 atas, to the plane surface of the Irving Brown

ed, or founded in form, or lies | Troy, 61 N. 1 sicians, called by the plaintiff, testified that S died of apoplexy, which is a bodily infirm

tion,' and disease and bodily infirmity, are

en sicult and dangerous for 242, 14 X. W.1 ity or disease, and that there was nothing in in express words not insured against.

if the walk is constructed

12 Allen, 566.

HAS Bermit the oatural flow of
ACTIONS AGAINST FOREIGN EXECUTORS.-

2 trom lands adjoining, the circumstances to have caused death if | The general rule of law is that an executor

LIFE INSU wate welk, and holds same there

INTENDED ]

Add becomes dangerous, by i peals of Tex
It was held that it was

A using ordinary care in at.
But in Pennsylvania the rule cannot be stated

elers' Ins. in the walk from natural

woman bas fendant. "The case under consideration” | Laughlin v. Solomon, 36 Atl. Rep. 704, re

* And now from adjoining" her intended cently decided by the Supreme Court of Penn

een the month when the accident Dhe the first point the court said: neduod tending to support the alsettings, aad the court below gave

Better with reference thereto: » Sad me a general rule that the Ingatur le bas fallen upon the sideas the god thereby rendered the side.

1 great amou

directly or indirectly, to disease or bodily in

e tetor, even though such ice

was due to disease. 11, during the operation
upon the colt, while running to the fire for

Se iarta conditions resulting from

fell, that might bave been considered an ac

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persons traveling over

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in anapon the walk from other

mant disorder; but 'voluntary overexet

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