Imágenes de páginas
PDF
EPUB

not occupy a street or public highway long- notice of appeal of the railway company in itudinally for the laying of their track. which is stated a sum awarded by commisWhatever is ambiguous or uncertain in the sioners.-Seefield v. C. M. & St. P. Ry. Co. charter of a corporation is construed as cer--Filed Nov. 3, 1886.—Wis.

tain against a corporation.-Penn. Ry. Co.'s Appeal.-Filed Oct. 4, 1886.--Pa.

RAILROAD COMPANY-INJURY TO AN EMPLOYE-LIABILITY OF THE COMPANY-Where POOR AND POOR LAWS-PAUPER OBTAIN- an employe is started on a hand-car, on the ING A SETTLEMENT- -The question of resid- track, and he knows that an engine is to folence is partly one of intention, and the dec- low him, but is told by the engineer, wher larations of party in leaving one town to set- he starts, that the engine will not start for tle in another are admissible as evidence on fifteen minutes, but it is actually started in the question of settlement. No one can be- ten minutes, and overtakes the hand-car and come a member of another family without injures the employe, Held that the company the consent of the head of the family.-In- is liable for the injury.-Hawley v. C. B. & habitants of Etna v. In. of Brewer.-Filed Q. Ry. Co.-Filed Oct. 21, 1886.—Ia. Sept. 28, 1886.-Me.

RAILROAD COMPANY-CONDEMNATION OF

award of damages has been rendered for land condemned by a railway compauy, and an appeal taken from the award, the sum awarded bears interest from the date of the award, if the premises have been vacated by the tenant. An expert witness called in a

PRINCIPAL AND SURETY REQUIRING LAND-APPEAL FROM AWARD-Where an CREDITOR TO PROCEED AGAINST THE PRINCIPAL-A simple request by the surety that the creditor proceed against the principal is not sufficient to discharge the surety when disregarded. Where the surety wrote the creditor a letter saying to him that he had better proceed against the principal, Held condemnation case may be cross-examined insufficient to release the surety.-Kennedy as to the value of other land in the vicinity, v. Falde.-Filed Oct. 6, 1886.—Dak. for the purpose of impeaching him.-Minocke v. C. M. & St. P. Ry. Co.-Filed Nov. 3, 1886.-Wis.

[ocr errors]

RAILWAY COMPANY-RIGHT OF WAY-INTEREST OBTAINED-Where a railway obtains land for the right of way, the company obtains an easement only, whether obtained by condemnation proceedings or otherwise. Where the owner of land conveys to the company by deed for the purpose of the right of way, the interest conveyed is only an easement, and upon non-user the land will revert to the grantor.-Brown v. Young.-Filed Oct. 21, 1886.—Ia.

RAILROAD COMPANY-INJURY AT CROSSING OF A HIGHWAY-Where a freight train in backing up across a highway-crossing ran upon and caused the death of one, and in an action by his administrator to recover damages therefor, the testimony was conflicting as to whether the bell on the engine was rung or not, and as to whether there was a switchman at the crossing with a light or not. The trial judge ordered a verdict for the defend

verdict for the defendant was error. The question should have gone to the jury.— Hoye, Admr. v. C. & N. W. Ry. Co.-Filed Oct. 12, 1886.-Wis.

RAILWAY COMPANY--CONDEMNATION ant. On appeal it is held that to direct a PROCEEDINGS-EVIDENCE-In an action for the condemnation of land by a railway company, the records of conveyances of other lots of land near by are not competent evidence by which to prove the value of the land about to be condemned. In such action RAILROAD COMPANIES-RIGHT TO CONthe land owner cannot read on the trial the DEMN LANDS FOR DEPOT PURPOSES-Where

the business of a railway corporation be- necessary that the return should show the come such that an enlargement of the depot full name of the conductor so served. It is grounds becomes necessary, this is sufficient to justify the company in condemning land to be used for that porpose. It is not necessary that the land be immediately needed for use. It is sufficient if the natural and inevitable growth of the business will make the improvements necessary in the future. In Re. Rapid Transit Co.-Filed Oct. 5, 1886.-N. Y.

not essential to the validity of a complaint that there shall be an express averment that defendant is a corporation. Where the defendant is a railroad company it is sufficient to set out the name of the railway company. C. H. & I. Ry. Co. v. McDougall.-Filed Oct. 8, 1886.-Ind.

REDEMPTION FROM FORECLosure Sale—

RAILROAD COMPANIES-CONDEMNATION WHEN IT MAY BE HAD AND BY WHOM-A PROCEEDINGS-NOTICE TO INTERESTED PAR-judgment creditor is given the right to reTIES—Where land is taken by a railway com- deem from a foreclosure sale after six months pany by right of eminent domain, all parties and before nine months from the date of interested in the land should have notice of sale, and an assignee of the judgment credthe proceedings, and if the land be taken, itor can do the same that the creditor himdamages assessed and paid to the legal own- self could have done.-Hurn v. Hill.-Filed er, a mortgagee who has had no notice of Oct. 26, 1886.-Ia. the proceedings can still assert the lien of his mortgage upon the land.-Dodge v. & S. W. Ry. Co.-Filed Oct. 27, 1886.-Neb.

RAILROAD COMPANY--ENGINE HOUSE ERECTED ADJACENT TO A PRIVATE DWELLING -The erection of an engine house close to a private dwelling is a nuisance for which an action will lie. A statutory sanction cannot be pleaded in justification of acts which constitute a nuisance to private property, unless expressly authorized by the statute.-Cogswell v. N. Y. & N. H. & H. R. R. R. Co. -Filed Oct. 3, 1886.—N. Y.

REMOVAL OF CAUSE-FILING OF PETITION -JURISDICTION OF THE STATE COURTWhere a cause has been commenced, and is pending in a state court, and one of the parties thereto files a petition for removal to the United States Court, stating a sufficient. cause for removal, the jurisdiction of the state court thereupon ceases. An issue cannot be raised on an allegation in the petition.-Van Horn v. Litchfield, Exrs. Filed Oct. 25, 1886.--Ia.

REMOVAL OF PROPERTY UNDER CHATTEL MORTGAGE-POWER ΤΟ SELL-Where a

RAILROAD STOCK-DECLARING A DIVI- mortgagee has foreclosed a chattel mortgage DEND WHILE A DEFICIENCY EXISTS-Where and sold enough of the property to satisfy a railway compancy is financially embarrass- the debt, and subsequently removes the baled, and by act of the legislature it is empowered to issue preferred stock to a certain amount, the company may do so, and in declaring a dividend it may disregard the deficiency notwithstanding the general statute forbids its doing so.-Cotting v. N. Y. & N. E. Ry. Co.-Filed July 20, 1886.-Conn.

ance of the goods, he is responsible to the mortgagor for the goods removed, and is bound to return them on demand. A sale under a chattel mortgage will pass a good title to the purchaser although notice of sale was not given strictly as required in the mortgage.-Campbell v. Wheeler.-Filed Oct. 20, 1886.-Ia.

RAILROAD COMPANY-SERVICE OF PRO CESS ON A CONDUCTOR-NAME OF CORPORA- RENTING PREMISES-AGREEMENT THAT TION-Where process is served on a conduc- THE PREMISES SHALL BE SUITABLE FOR THE tor of a railway train, it is not absolutely PURPOSE-Where the owner of premises rents

them for a certain purpose, and stipulates Held, that the demurrer should have been that the premises shall be suitable for the overruled and defendants required to anpurpose for which they are rented, is bound swer.-Carney v. Carney-Filed Oct. 28, to put the premises in suitable condition 1886.-Mich. within a reasonable time or forfeit his rent, and the question as to what is reasonable time is a question for the jury.— Young v. Collett. Filed Oct. 28, 1886.—Mich.

SALE BY PARTNER OF HIS INTEREST-DeNIAL OF PARTNERSHIP IN ANSWER TO A BILL

FOR DISSOLUTION-One partner having sold his interest in the assetts of the firm may REWARD- -OBTAINING A REWARD FOR maintain a bill for dissolution of the partnerMAKING AN ARREST FOR CONVICTION-Where ship, and where a bill is filed, and in answer a reward has been offered for the arrest and the partnership is denied, yet both parties conviction of a criminal, and a party has consent to the appointment of a receiver, been chiefly instrumental in procuring the that is a conclusive admission of the existing arrest and conviction, although he has not partnership.—Russell v. White.-Filed Oct. been a witness in the case, he is entitled to 28, 1886.-Mich.

the reward offered. Where one "works up the case" and arranges the evidence resulting in conviction, he is entitled to the reward-Rinehart v. City of Lancaster-Filed Oct. 4, 1886.-Pa.

FOR

SALE AND WARRANTY-RECISSION BREACH MUST BE MADE IN REASONABLE TIME.-Where a machine was sold and a warranty given for one year, the defendant cannot set up a breach of warranty where he failed to notify the seller of a defect within the warranty and return the machine within a reasonable time. Where an action isbrought on two promissory notes and recovery had on one and judgment for defendant on the other, by accepting payment on the one the plaintiff does not waive the right of appeal on the other.-Upton Mfg. Co. v. Hinske, Admx.-Filed Oct. 15, 1886.—Ia.

SCHOOL TAX-LIMITATION OF INTERVENTION OF A TAX PAYER-Where a school district is indebted to the extent allowed by law, and having levied a tax of 10 mills on the dollar for school house purposes, they still have authority to add enough to the assessment to meet the interest due on outstanding bonds, and if they fail to do so the board of supervisors may make the levy. In an action to compel a levy, and the board refuses to defend the action, a citizen may do it.-Richards, Trustee, v. Supervisors Lyon Co.-Filed Oct. 21, 1886.-Ia.

SEIZURE OF LIQUORS-IN TRANSIT TO THE SOLDIER'S HOME ON LAND CEDED TO THE UNITED STATES-By the statute such liquors as are kept and deposited in the state intentended for unlawful sale are liable to seizure. Intoxicating liquors shipped from PortsSetting Aside A DEED-CONVEYANCE IN mouth, N. H., to Togus, Maine, to be sold VIEW OF MARRIAGE-PAROL TRUST-Where there to the inmates of the soldier's home, a man and woman had become "engaged" was seized in the freight depot at Portland. and are about to marry, the man persuaded Held, that as the place to which it was conhis intended wife to convey to him her lands. signed and intended for sale was on land They were married and for some years he ceded to the United States, it was not subcollected and appropriated the rents and ject to seizure under the statute.-State v. profits, and upon his death his children Intoxicating liquors.-Filed Oct. 18, 1886. claim the land by descent. The widow files-Me.

a bill to set aside the deed or to reclaim the SERVANT'S NEGLIGENCE-RESPONSIBILITY title to the land, to which the heirs of her OF MASTER-Where boiler-makers are at deceased husband interpose a demurrer. work repairing a boiler, and one of the em

ployes of the boiler-maker are injured by the firing up of the boilers by the regular engineer of the works, it will be presumed that he was directed to fire up by the employes of the boiler-makers, and the owner cannot be held liable for his act.-Olive, Admr. v. Whitney Marble Co.-Filed Oct. 5, 1886.— N. Y.

SPECIFIC PERFORMANCE-CONTRACT FOR THE SALE OF LAND, THE PURCHASER IN POSSESSION-Where one agreed to sell to another a certain lot of land at a certain price, provided the former could purchase the land, and the latter enters upon the land and makes valuable improvements, and the former obtains title to the land and in violation of his agreement sells it to another, Held that the possession of the land by the latter was notice to all the world, and he is enti. tled to have specific performance of his contract.— Veedder v. McMurray.—Filed Oct. 29, 1886.-Ia.

SPECIAL FINDINGS-Review ON APPEALWEIGHT OF EVIDENCE-In proceedings by a creditor to reach property of the debtor fraudulently conveyed, where the trial court makes special findings of facts establishing alleged fraud, on appeal the appellate court will not pass upon the weight of the testimony. It will consider only the question whether there is evidence sufficient to sustain the findings of the court below.-Robinson v Denson.-Filed Oct. 28, 1886.—Mich.

[merged small][ocr errors][merged small]

STATUTE OF LIMITATIONS-PROCEEDS OF A COLLATERAL NOTE RETAINED—Where one holds a promissory note as collateral security for the payment of a debt, and the note is paid to him in full a portion being in excess of the debt due, and he retains the whole of the money, the statute begins to run as against the owners claim at the time the money is received. When received there is an implied promise to pay it to the owner, by implication of law. Brunson v. Ballow.-Filed Oct. 26, 1886.—Ia.

STATUTE OF LIMITATION—Administrator SUING HIMSELF-A mortgagee who is administrator of the estate of the mortgagor, cannot foreclose the mortgage as against himself, nor can he assign it to another for the purpose of foreclosure. A suit begun whilst he is administrator by one to whom he assigned the mortgage, and having resigned the office of administrator, he is substituted for the assignee of the mortgage the suit will

STATUTE OF LIMITATIONS-RIGHTS OF ACTION ON ACCOUNTS WHAT IS AN ACCOUNT -Where a merchant had an account against an attorney for goods sold and delivered be deemed to be commenced at the time of during a period of twelve years, and during the substitution.-Brown v. Mann.-Filed the last three years of the twelve the merch- Sept. 30, 1886.—Cal. ant had employed the attorney at sundry times, in an action against the attorney on STREETS AND WAYS-PARTY REFUSING TO the account he pleaded the statute of limita- ACCEPT DAMAGES ASSESSED-RELEASEtions as to a portion of the account. Held, Where proceedings have been had by a city that the accounts could not be said to be council to open a street, and assessments mutual accounts, and that portion of the have been made, one refusing to accept merchant's charges not within six years was damages assessed, or to release, bringing a barred by statute. A transaction will not writ of certiorari to set aside the assess

ment, the writ will be dismissed.-Goodell v Kalamazoo.-Filed Oct. 28, 1886.-Mich.

real property shall lie, unless the same is brought within five years after the treasurer's deed is executed and recorded. Held, that STREET IMPROVEMENTS-HEARING BY IN- one holding a tax deed unrecorded could TERESTED PARTIES BEFORE THE BOARD OF not plead the statute of limitation as to the FINANCE-Parties interested in the matter of time of commencing the action, as the statstreet improvements, cannot demand a hear-ute did not begin to run until the deed was ing before the board of finance, as a legal recorded.—Scroggs v. Garver.-Filed Oct. right on the question of concurrence in a res- 23, 1886 —Ia. olution of the board of public works. In proceeding to review an action of the board of public works, the title of members of the board to sit as members cannot be raised State v. Board of Public Works.-Filed Oct. 18, 1886.-N. J.

STENOGRAPHERS-Court StenoGRAPHER MAY FURNISH COPIES AND CHARGE FOR THE SAME-Because a stenographer is employed by the county on a fixed salary does not es top him from contracting for and furnishing to parties copies of testimony taken in a case, and having done so he may recover the contract price for the same.-Langley v. Hill.-Filed Oct. 21, 1886.—Mich.

TAXES-RAILWAY AID-TAX-PENALTY FOR NON-PAYMENT—Where a tax in aid of a railway company was levied in 1881, and became due and payable in 1882, a party refusing to pay the portion assessed to him up until 1886,is liable for the penalty prescribed in section 866 of the code.-Tobin v. Hartshorn, Treas.-Filed Oct. 22, 1886.—Ia.

TAXATION-EXEMPTION OF CHURCH PROPERTY-A CAMP-MEETING PAVILLION-Under the statute church property is exempt from taxation. A pavillion used by a spiritualis tic society for meetings on Sunday, and used for sundry purposes on days and evenings during the week, is not a church property within the meaning of the statute, and is not exempt.-Camp-Meeting Ass'n. v. E. Lyme. —Filed July 27, 1886.-Conn.

COMPANY-RECOVERY

OF

TELEGRAPH STATUTORY PENALTY-MESSAGE SIGNED BY AN AGENT-A recovery for failure to deliver a telegraph message can only be had by the party sending the message, but the fact that the name of the sender was signed to the message by an agent does not prevent an action by the party whose name was signed to the message. It is not necessary in a complaint in such action to aver that the party to whom the message was sent lived within one mile of the telegraph station.— W. U. Tel. Co. v. Buskirk.—Filed Oct. 6, 1886.-Ind.

TAXATION-RAILROAD LANDS- -FAILURE TO PAY THE ENTRY FEE-Where lands were TIME OF FILING MECHANICS LIEN-PRIincluded within a grant to a railroad com- ORITY OVER A MORTGAGE ANTEDATEDpany, and the company has earned the lands Where a material man files his claim for a by the construction of the road, the land is mechanics lien within ninety days after fursubject to taxation although the company nishing the last item of material, the lien is has neglected to pay the entry fee. Such good as against a mortgage filed prior to the land may be sold for taxes and title passed filing of the lien, and after the first item of thereby the same as other lands.-Price v. materials was furnished.-Mortgage Co. v. Lancaster Co.-Filed Oct. 27, 1886.—Neb. Shanquest.--Filed Oct. 29, 1886.—Ia.

TAXATION-FAILURE TO RECORD A TAX TRIAL INSTRUCTIONS--REFERING THE DEED-ACTION TO SET ASIDE-The statute JURY TO THE PLEADINGS-Where the failure provides that no action for the recovery of of defendant to construct a ditch is the al

« AnteriorContinuar »