Imágenes de páginas
PDF
EPUB

(PROPERTY RIGHTS; LIENS; GIFTS.) bility to exist under a statute relating to death by wrongful act if the disease was of that character. (Md.) 679.

[blocks in formation]

A somewhat peculiar case of injury by the negligence of a baggageman in throwing from a train certain iron drills, which were carried merely by way of accommodation, holds that the carrier is not liable. (Mo.) 363.

The fact that a janitor and ticket taker at a theater is also a special policeman is held not to relieve his employers from liability for an assault made by him on a person who has engaged in a dispute with the ticket seller in spect to his change. (Ind.) 483.

Railroad cases.

The doctrine as to duty to trespassers or mere licensee is applied to a person standing on land of a railroad company merely to witness the catch of a mail pouch by a passing train and he is held to assume all the risks. (W. Va.) 215.

Contributory negligence.

The effect of contributory negligence to defeat a recovery, with discussion of the proximate cause, with other questions, is presented in a West Virginia case of injury to a passenger. (W. Va.) 50.

Orders are held sufficient to prevent the defense of contributory negligence by an employé except in extreme cases. (Va.) 717.

A person struck by tools thrown from an. other person by a collision with a railroad train is held entitled to recover from the railroad company, although the other person was guilty of negligence in getting in the way of the train, if the railroad company was also negligent in failing to give signals and this fact co-operated in producing the injury. (N. J.) 531.

be necessary to prove only neglect or refusal The effect of a statute providing that it shall for resulting injuries is held not to bar a deto comply with it in order to recover damages fense of contributory negligence, although it shifts the burden of proof. (Iowa) 657.

Pollution of stream.

The pollution of a stream by washing ore is held actionable on a review of several important and somewhat contradictory cases, where the pollution might have been avoided. (Ala.) 64.

Nuisance.

The law of nuisance caused by lawful business has an illustration in a case in which an re-injunction is granted against allowing filth from a creamery to flow to adjoining premises by percolation or otherwise. (Wis.) 333.

Liability of a railroad company for running over a person walking on its track in plain sight of the engineer is denied in a West Virginia case. (W. Va.) 226.

A nuisance to the public by congregation of solicitors of business in front of a railroad station is held not to be a nuisance as to the railroad company. (Ill.) 156.

VII. PROPERTY RIGHTS; LIENS; GIFTS.
Vested right.

No vested right is held to exist in a privilege given to a certain class of persons to acquire tide lands, but subsequent statutes may take it away. (Wash.) 606.

Covenant.

The necessity of an estate in the grantor to make his covenants attach to the land is an interesting question not decided in a recent New York case, which holds that mere possession of the grantor, who joins with his wife in a deed of land of which she had color of title, is sufficient,-especially where he received part of the purchase money and expressly extended his covenant to the heirs and assigns of the grantee (N. Y.) 850.

Acceptance of deed of trust.

The question whether or not a deed of trust or mortgage will take effect before acceptance by the creditor is presented in an extreme case, which decides that it does not take effect as against an attachment levy after the trustee

had accepted the trust and taken possession of the property, or before the creditors whose claims were secured thereby had knowledge of the deed. (Tex.) 369.

Shelley's Case.

The rule in Shelley's Case is held in Indiana, overruling an earlier decision, not to apply to a deed giving a life estate with remainder to the issue of the body of the life tenant. (Ind.) 489.

Descent.

Descent through alien ancestors to collateral relatives, such as cousins, is allowed in Connecticut, where the common-law rule of exclusion of those tracing descent through uninheritable blood was never in force. (Conn.) 667.

Reversion.

The abandonment and prohibition of the use of land for burial purposes, when held by a municipal corporation under a grant for those purposes only, is held to cause a reversion

(CIVIL REMEDIES; RULES AND PRINCIPLES.)

to the grantor, but immediately to set the | if due care is taken to prevent injury. (Ind.) statute of limitations in force against the re- 568. versioner in favor of persons in possession. (N. J.) 843.

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

Name on records.

The effect of a mistake in the initial of a middle name upon notice by records is discussed in a case which holds it immaterial, if there is nothing to show that there is more than one person of the name. (Ark.) 543.

[blocks in formation]

VIII. CIVIL REMEDIES; RULES AND PRINCIPLES.
Preference to creditor.

The right to prefer creditors when no general assignment is made is upheld in a South Dakota case overruling prior authority, where the statute denies preference in such general assignment. (S. Dak.) 524.

[blocks in formation]

edge of his fraud, and the original seller of the goods was allowed to recover them. (C. C. App. 7th C.) 417.

Specific performance.

The right to specific performance of a contract to purchase lands from one whose wife Idid not sign the contract and refuses to sign the deed, is denied with a refusal to compel the husband to convey with a deduction of the value of the wife's dower interest. (D. C.) 763.

[blocks in formation]

Sheriff's bond.

Purchasers of goods from one who fraudulently obtained them are held in a federal case The United States is held a party aggrieved chargeable by the circumstances with knowlso as to be entitled to sue on a sheriff's bond

(CRIMINAL LAW AND PRACTICE.)

for the escape of a federal prisoner, (C. C. | the greater part of the road in another state. App.6th C.) 170.

Recovery for death.

The recovery in an action for death under the Texas statutes being for the pecuniary loss only is held to be defeated or reduced by sharing in the estate of the deceased. (Tex.) 637. Newspaper notice.

A legal newspaper containing some matters of interest to the general public is held to be a "newspaper" within the Michigan statute as to publication of legal notices. (Mich.) 793. Receivers.

The exercise of comity in respect to foreign

receivers is illustrated in a case which denies a claim of such a receiver to funds in the hands of a domestic receiver of local branches of the iron ball. (Conn.)815.

The receivership of a railroad extending across a state boundary is properly extended over a small portion of the road in one of the states, where a receiver has been appointed for

(Ga.) 730.

Jury.

The unanimity of a jury is required by a constitutional provision for a jury of twelve to ascertain damages in an eminent domain case. |(Fla.) 272.

The constitutional right of trial by jury is held not violated by a territorial statute allowing a verdict by three fourths of the jury in a civil case. (Utah) 277.

The right to trial by jury on an information in the nature of quo warranto presenting issues of fact is held to exist at common law. (Fla.) 806.

Evidence.

The law as to opinions of witnesses in respect to matters difficult to describe is illustrated by the decision allowing an opinion as to personal appearance and apparent health. (Cal.) 715. See also Evidence in IX.

IX. CRIMINAL LAW AND PRACTICE.

[blocks in formation]

Killing dog.

crime, subject to punishment, is made in a Kansas case, but not upheld. (Kan.) 212.

The arrival of intoxicating liquors within the state under the Wilson bill is held to mean the crossing of the state line, althongh the transportation is not complete. (Iowa) 245.

ing liquors without a certificate that the The Iowa law against transporting intoxicatconsignee has a right to sell them is held applicable to a mere removal from the platform to a freight room of a depot. (Iowa) 245. Forgery.

The invalidity of a writing if genuine is held not to prevent it from being the subject of forgery when it might injure another if genuine. (Cal.) 33.

Obscenity.

ture is answered in a New York case, excludThe question what constitutes obscene literaing from the charge of obscenity a list of standard works. (N. Y.) 110. Evidence.

The killing of a dog is held to be not within the Georgia code, making it indictable to injure or destroy property, on the ground that evidence is one which holds evidence of declaA case of unusual importance in respect to this was intended to refer to inanimate prop-rations of a person admissible to show intent, erty only. (Ga.) 732. although they did not constitute part of the res gesta. (Mass.) 235.

Prize fight.

The question whether or not a glove contest is what is commonly known as a prize fight is considered in a Louisiana case, in which it is held that a contest with five-ounce gloves, under the Marquis of Queensbury rules, is not a prize fight. (La.) 452.

[blocks in formation]

A somewhat extreme instance of the youth of a witness is that of a Wisconsin case in which the witness was a child five years and five months old at the time of the trial, and but four years and nine months old at the time of the transaction in question. (Wis.) 857.

An untutored deaf mute is held competent to testify by signs through an interpreter, although the latter is not an expert. (S. C.) 126.

INDEX TO NOTES.

(The General Index follows this.)

Alimony. See CONTEMPT.
Assignment for creditors; the necessity

of acceptance of an assignment or deed
of trust for creditors:-(I.) assent and pre-
sumption; general doctrine; (II.) assent
presumed; (a) in general; (b) statutory
presumption; (III.) extent of presump-
tion; (IV.) rebuttal of presumption; (a)
in general; (b) conditions imposing a re-
lease; (c) other conditions; (d) assignments
hindering, delaying, or defrauding credit-
ors; (e) assignment direct to creditors; (V.)
express assent; (VI.) sufficiency of assent;
(VII.) time of assent; (VIII.) effect of as-
sent; (a) in general; (b) after attack; (IX.)
effect of assignment; (X.) the Massachu-
setts doctrine: (a) principles of; (b) time of
assent; (c) comity; (XI.) English decisions
Banks; entries in bank book as contracts
Business; what constitutes by foreign cor-
porations

369
737

289

By-law. See MUNICIPAL CORPORATIONS.
Carriers; statutes against ticket brokerage
or "scalping"

152

When a person who has started for a train
becomes a passenger
Duty of carrier permitting cars to become
overcrowded:-(I.) injuries received on
crowded railroad trains; (a) riding on
the platform; (b) riding in other dan-
gerous places; (c) getting on or off the
cars; (II.) injuries caused by fellow pas-
sengers on crowded trains; (III.) failure
to provide train for crowd; (IV.) street
railroads; (V.) elevated railroads
Commerce. See also TELEGRAPH AND TELE-
PHONE COMPANIES.

Exclusion of foreign corporations as a re-
striction upon

Conflict of laws. See HUSBAND AND WIFE.
Constitutional law; as to jury, see TRIAL.
Contempt; proceedings in, to compel pay-

ment of alimony:-(I.) doctrine of con-
tempt; (II.) constitutionality of contempt;
(III.) when contempt proceedings may be
resorted to; (IV.) evidence in support of;
(V.) necessity of service of order; (VI.)
necessity of demand of payment; (VII.)
necessity of notice of application; (VIII.)
right of defendant to be heard: (IX.) ex-
cuses for nonpayment; inability to pay;
(X.) commitment refused; (XI.) applica-
tion for relief; (XII.) power of court to
inquire into; (XIII.) state statutes and
decisions thereunder; (XIV.) English
decisions

Contracts. See also BANKS.

Effect of part performance of contract
for services:-discharge for cause; dis-
charge without cause; (a) damages; (b)
wages; (c) common count; (d) quantum
meruit; (e) assumpsit; accord and satis-
faction, and consent; forfeiture; in-

521

710

311

fants; time for payment; slaves; aban-
donment by employé without cause
Validity of contracts made by foreign cor-
porations which have not complied with
statutory conditions of the right to do
business in a state:-where a penalty is
imposed; mere prohibition of business;
contracts expressly declared void; effect
of foreclosure; estoppel
Corporations; for foreign insurance com-
panies, see also INSURANCE.

For validity of contracts by foreign corpo-
rations which have not complied with
statutory conditions of the right to do
business, see CONTRACTS.

Right of nonresidents to become stock-
holders

Recognition or exclusion of foreign corpo-
rations:-right to sue; right of contract;
ownership of property; power to act as
trustee, administrator, etc.; limitations by
charter or statute of state where incorpo-
rated; good faith of foreign incorpora-
tion; statutory exclusion of or restriction
upon foreign corporations; de facto
foreign corporations; designation of agent
and place of business; license tax: condi-
tions against invoking federal jurisdic-
tion; what constitutes "doing business"
prohibited by statute; estoppel to deny
character or powers

Exclusion of foreign corporations as an in-
terference with interstate commerce:-
telegraph companies; insurance com-
panies: packet company; express com-
panies; railroad companies; bridge com-
pany; trading companies; publishing
companies; loaning companies
Right of foreign corporations to own real
estate:-limitations by charter or laws of
the state of incorporation; railroads; tele-
graphs; interest in mines; exercise of em-
inent domain; as to mortgages; enforce-
ment of restrictions

De facto foreign corporation
Migration of, as ground for forfeiting cor-
porate charter

Discovery; right to discovery by bill, where
the statutes provide for the examination
of the party before trial:-rules in differ-
ent states; practice in federal courts; Eng-
lish practice

231

315

252

289

311

322

289

462

183

[blocks in formation]
« AnteriorContinuar »