« ForrigeFortsett »
cure a debt to himself does not defeat the ju. 3. An appropriation act authorizing the risdiction of a court which has appointed a attorney general to offer rewards relieves receiver for the corporation in a suit to officers who earn such rewards from the pro which the officer is a party, after hearing on visions of earlier statutes denying extra consdue notice and appearance, to order him to pensation to officers.
Id turn over such property to the receiver. Tinsley v. Anderson,
91 RIPARIAN RIGHTS. 2. A receiver in a Federal court who vol. See BOUNDARIES, 2, 3; COUBTS, 17; untarily goes into a state court cannot ques
DAMS; EMINENT DOMAIN, 2; WATERS. tion the right of that court to determine the controversy between himself and the other RIVERS. party. Grant v. Buckner,
See WATER8. 3. A counterclaim or set-off comes within the spirit of the act of Congress of August
SALVAGE. 13, 1888, allowing a receiver of a Federal 1. An agreement to pay one fourth the court to be sued in a state court without value of a vessel as salvage, although it gives leave of the court appointing him. Id. very large compensation for the work which
actually proves necessary to be done, will not RECEIVING STOLEN PROPERTY. be considered unconscionable or exorbitant, See INDICTMENT, 1.
when it was made after the refusal by the
master of an offer to do the work for such RECITAL.
salvage as the court should award, and after See GIFT.
receiving bids, and full advice from the own.
ers of the vessel and their agent, who came to RECORD
the vessel and saw her situation, and when See APPEAL AND ERROR, IV.; INDLANS, the vessel was in fact never in imminent dan2. ger. The Elfrida,
2. A salvage contract for stipulated comREFERENCE.
pensation, dependent upon success within a See ARBITRATION, 2; CONTRACTS, 4.
limited time, although the amount may be
much larger than a mere quantum meruit, RELEASE.
will not be set aside unless corruptly entered See DESCENT AND DISTRIBUTION. into, or made under fraudulent representa
tions, a clear mistake, or suppression of imREMOVAL OF CAUSES.
portant facts, in immediate danger to the See ACTION OR SUIT, 5, 6; APPEAL AND ship, or under other circumstances amountERROR, 22, 63.
ing to compulsion, or unless its enforcement
would be contrary to equity and good conREPEAL.
Id. See STATUTES, 6.
SANTA ANNA. RES JUDICATA.
See PRIVATE LAND CLAIMS, 10. See JUDGMENT.
SCHEDULE. RESOLUTORY CONDITION.
See CARRIERS, 6. See REAL PROPERTY, 1.
SEALED VERDICT. RESTITUTION.
See APPEAL AND ERROR, 71; JUDGMENT, See PRIZE, 4.
10. RESTRAINT OF TRADE.
SEAL FISHERIES. See CONSPIRACY, 3.
1. The right to take fur seals under a
so-called lease from the government, which RETAIL.
is expressly subject to such regulations of the See COMMERCE, 8.
business as the United States may make, does
not entitle the lessee to any damages for a REVIVOR.
reduction of the catch allowed by the regulaSee ACTION OB SUIT, 5, 6; CONTLIOT Or tions for which a reduction of rentals is pro LAWS, 1.
vided. North American Commercial Co. v.
2. In reducing the number of seals which 1. An offer of a reward for an arrest by may be taken by a lesses of the government a deputy marshal is not contrary to public in the Pribyloff islands, in the exercise of the policy, when the reward is offered on behalf power reserved to him, it is immaterial of the government. United States v. Mato whether the Secretary of the Treasury acts thews,
738 on his own judgment, or in compliance with 2. Deputy marshals are not excluded from the will of the government as expressed by
Id. a general offer of a reward for an arrest, the treaty with Great Britain. when the offer is made under direction of the 3. The original provisions for a maximum attorney general by authority of a statuto number of seals to be taken by a lessee, and giving him discretion to offer such rewards. a proportionate reduction of the ixed rentals Id.' in case of a limitation, made by the act of
Congress of 1870, is not done away with by dock, which happens purely by accident and implication by the act of May 24, 1874, which without any fault or negligence on the part removes the restrictions imposed by U. S. of anyone engaged in carrying or discharging Rev. Stat. $$ 1960, 1962, concerning the the cargo, is the proximate cause of damage months during which seals may be taken and to cargo, which follows from the immediate the number to be taken on or about each is inflow of sea water; and such damage is not land respectively.
Id. occasioned by the perils of the sea, within 4. No reduction of the per capita amount exceptions in the bill of lading. Id. to be paid for each sealskin taken and 4. A ship sailing when the weather is shipped by a lessee of the government can be fair is not unseaworthy because ports be made on account of the limitation by the tween decks, which are tightly closed with Secretary of the Treasury of the number of glass, are not also covered with inner covers seals that may be killed, although by U. S. or dummies of iron, when these have been Rev. Stat. § 1962, a proportionate reduction provided for such purpose, and because the of the rents reserved may be made where the hatches are battened down, when these could lease provides for an annual rental of $60,- be opened in two minutes by knocking out 000 and in addition thereto for a certain suma the wedges, and there is no cargo stowed for each skin taken and shipped, as this is against the ports, or anything else to prevent in the nature of a bonus or addition to the or embarrass access to them in case a change stated consideration,
Id. of weather should make it necessary or
proper to close the iron shutters. The SilSECRETARY OF AGRICULTURE.
241 See APPEAL AND ERBOR, 46.
5. A schooner was in fault for excessive
speed in case of a collision with a steamer, SECRETARY OF INTERIOR.
when she was sailing at a speed of 7 miles See COURTS, 4.
per hour, through a fog, in waters where
other vessels were frequently met, and her SECRETARY OF TREASURY.
fog horn was heard by the steamer but once, See SEAL FISHERIES, 2.
or possibly twice, while, if the vessels had
been proceeding at the speed required by law, SEQUESTRATION.
their signals would have been exchanged so See APPEAL AND ERROR, 24.
many times that the locality and course of
each would have been made clearly known SERVICE.
to the other, and there would have been sufSee WRIT AND PROCESS.
ficient time to take proper steps for avoiding
the collision. The Chattahoochee, SET-OFF.
See also DAMAGES, 5; RECEIVERS, 3. SINALOA.
See PRIVATE LAND CLAIM8, 7.
| SINKING FUND. adjudged to be the owner of one half the es
See CONTBACTS, 12. tate, may be set off against the rent there after accruing for the half that is subject to
SLANDER. the receiver. Grant v. Buckner,
430 | See LIBEL AND SLANDER. SHAREHOLDERS.
SMUGGLING. See BANKS, 5, 6.
See DUTIES, 12, 13; INDICTMENT,
See PUBLIC LANDS, 6.
SOLDIERS' HOME. 1. Neglect in not closing iron covers of See Food. the ports of a ship is a fault or error in the navigation or in the management of the SONORA. ship, within the meaning of the exemption See PRIVATE LAND CLAIMS, 7, S. from liability for errors in navigation or management, made by 3 of the Harter act. The Silvia,
See STATUTES, 1. 2. Damage to cargo, attributable, not to a Deril of the sea, but to the explosion of a part| SPECIFIC PERFORMANCE of the cargo after the ship has ended her voy See EQUITY, 4. age and has been finally and intentionally moored at the dock, there to remain until her | SPEED. cargo is taken out of her, is not to be consid
See SHIPPING, 6. ered as "occasioned by accidents of navigation,” within the meaning of a bill of lading. STAMPS. The G. R. Booth,
See INDICTMENT, 2. 3. An explosion of a case of detonators, making a hole in the ship's side below the STAMP TAX. water, while a ship is being unladen at the See INTERNAL REVENUE, 2, 4.
241 | SPECIAL LAWS.
| STOCKYARDS. See also COUPONS; STATUTES, 4; WalSee COMMERCE, 12; CONSPIRACY, 1; Cor. TERS, 2, 10.
PORATIONS; INTERNAL REVENUE, 4. A suit to restrain officers of a state | from taking any steps, by means of judicial
STREET RAILWAYS. proceedings, in execution of a state statute 1. Power to confer an exclusive privilege to which they do not hold any special rela- for the use of a street by a street-railway tion, is really a suit against the state within company is not inherent in the city council the prohibition of the 11th Amendment of of Detroit. Detroit Citizens' Street R. Co. the Federal Constitution. Fitts v. McGhee, v. Detroit R. Co.
67 2. An exclusive right of a street-railway
company to use a street cannot be conferred STATUTE OF FRAUDS.
by a city under the Michigan tram-railway See EQUITY, 1.
act, providing that the corporations formed
for such purposes shall have the exclusive STATUTE OF LIMITATIONS.
right to use and operate any railways conSee LIMITATION OF ACTIONS.
structed, owned, or held by them, provided
that they shall not construct a railway STATUTES.
through the streets of any town or city withSee also ATTACHMENT, 3; COURTS, 5, 23; out the consent of the municipal authorities. REWARD, 3.
1. A statute creating a special tribunal SUBMISSION OF CONTROVERSY. for claims against a municipal corporation
See ARBITRATION, 2. which have no legal, but only an equitable or moral, obligation, does not regulate praotice SUGAR BOUNTIES. in courts of justice, within the meaning of
See BOUNTIES, 2. a provision restricting local or special laws. Guthrie Nat. Bank v. Guthrie,
790 | SUMMONS. 2. In whatever language a statute may be See WRIT AND PROCESS. framed, its purpose must be determined by its natural and reasonable effect. Collins v. SWAMP LAND. New Hampshire,
60 See COURTS, 4. 3. A statute taken from another state will be presumed to be taken with the mean
TAXES. ing it had there. Henrietta Min. & M. Co.
See also APPEAL AND ERROR, 29; CONSTIv. Gardner,
TUTIONAL LAW, 16, 31, 32; CONTBAOTS,
2, 3; COUPONS; EMINENT DOMAIN, I; 4. A statute authorizing state coupons
ESTOPPEL; INJUNCTION, 5, 6; INTERNAL to be received for all taxes is not altogether
REVENUE; JUDGMENT, 6, 7; STATUTES, void because certain special taxes and dues are, by the existing state Constitution, required to be paid in cash. McCullough v. 1. The state may tax the average numVirginia,
382 ber of refrigerator cars used by railroads 5. A rightful judgment against the state
within the state but owned by a foreign corgives a vested right which cannot be taken porat
he taken poration which has no office or place of busiaway pending writ of error, by a repeal of
ness in the state, and employed as vehicles the statute which authorized the state to be
of transportation in the interchange of intersued.
state commerce. American Refrigerator Transit Co. v. Hall,
899 6. A city charter authorizing a contract for a water supply, without providing for an
On corporation. election to ratify it, although it does provide
2. A franchise or business tax on the for such an election as a condition of the
| amount of capital stock employed by a corerection of waterworks by the city, super
poration within the state is not invalid besedes a general statute which requires such
| cause a portion of its business is the impor. an election to ratify a contract for a water
tation and sale of articles in original packsupply. Walla Walla v. Walla Walla Wa
ages. New York, Parke, D. & Co., v. Robter Co.
3. A tax on a corporation or its property STIPULATION.
is not a legal equivalent of a tax on the stock See JUDGMENT, 8.
in the names of the stockholders. Owens| boro Nat. Bank v. Owensboro,
On bridge. STOCK.
4. A bridge over the Ohio river between See CORPORATIONS; DAMAGES, 1; Tax
Indiana and Kentucky is subject to taxation ES, 2, 3, 10.
in a Kentucky city, so far as it is within the
city boundaries, although they extend to lowSTOCK AND PRODUCE EXCHANGE.
water mark on the Indiana side. Henderson See INTERNAL REVENUE, 4. Bridge Co. v. Henderson,
5. The fact that a bridge over the Ohio STOCKHOLDERS.
river was oreoted under the authority or See CORPORATIONS.
with the consent of Congress, and is used for
323 interstate commerce, does not exempt it from water stations, which is exempt from tex. taxation by the state within whose limits it tion within the territories of the United is permanently located.
Id. States under the act of Congress of July 27, 6. A city charter forbidding taxation of 1866, does not mean the right of package lands not divided into lots of 5 acres or less merely, but is real estate of corporeal qualdoes not apply to a bridge erected over the ity, and the exemption includes all that is Ohio river within the city limits. Id.
erected upon it. New Mexico v. United 7. A stipulation in a grant to a bridge States Trust Co.
407 company by a city, that it shall not be con.
15. The exemption of the railroad right of strued as waiving the right of the city to col. way given by § 2 of the act of Congress of lect taxes on the bridge itself and all appur.
July 27, 1866, granting lands to the Atlantic tenances thereto, saves not only the right which the city then has to impose taxes, but to the right of way acquired under $ 7, or any right that may subsequently be lawfully
independently of that section from private conferred upon it.
owners. New Mexico v. United States Trust Co.
1079 On national banks. 8. A state tax nominally on the franchise
16. The designation of some railroad imof a national bank, but in reality upon all its provements by name and giving some of intangible property, is in violation of U. S. them a separate valuation does not invalid. Rev. Stat. § 5219, which allows a tax only on ate their assessment as realty.
Id. the shares of stock in the names of share-Assessment. holders and the real estate of such a bank. 17. Previous notice of a hearing before Owensboro Nat. Bank v. Owensboro, 850 officers who make an assessment for taxes is Third Nat. Bank v. Stone,
1035 | not necessary if there is notice of the deLouisville v. Third Nat. Bank, 1037
cision, with a right to appeal to a court and
be heard and offer evidence before the valuaFirst Nat. Bank v. Louisville, 1038 | tion of the property for taxation is finally
9. A statute which requires the shares of fixed. Pittsburgh, C. C. & St, LR Co. v. national banks and of other incorporated Board of Public Works,
354 banks to be assessed at their true value in money, without any deduction of debts, but | TELEGRAPHS. allows a deduction of debts existing in the See COMMERCE, 18. business of an unincorporated bank, does not make a discrimination against national TELEPHONES. banks, as its debts are in fact considered in
See also COMMERCE, 18. reaching the true value of its shares. First Nat. Bank v. Chapman,
A telephone company whose business is 10. The increase of the value of national
ve of national the electrical transmission of articulate bank shares by reason of the bank franchises
speech between different points is not entidoes not make the taxation of those shares
|tled to the benefit of the act of Congress of at their true value amount to a discrimina
| July 24, 1866 (U. S. Rev. Stat. $ 5263tion in favor of unincorporated banks, which
5268), respecting the use of post roads.
Richmond v. Southern Bell Teleph, & Teleg. have no franchise.
1162 11. Credits consisting of claims for labor or services do not constitute “moneyed capi- TENDER. tal” within the meaning of U. S. Rev. Stat. See USUBY, 1. $ 5219, respecting discrimination against na. tional banks.
Id. TERRITORIES. 12. Moneyed capital, within the meaning See ATTACHMENT; BONDS, 1; MUNICIof U. S. Rov. Stat. § 5219, prohibiting the PAL CORPORATIONS, 2. taxation of national banks at higher rates than other moneyed capital in the hands of
THETT. individuals, does not include capital which does not come into competition with the busi.
See LARCENY. ness of national banks.
THOUSAND-MILE TICKET. Land grants. 13. Lands included in the grant to the
See CARRIERS, 3-5; CONSTITUTIONAL Northern Pacific Railroad Company by the
LAW, 26. act of Congress of July 2, 1864, are subject to state taxation for their value as agricul.
See PUBLIO LANDS, 11, 12
TOWN SITE. Exemptions.
See PUBLIC LANDS, 8. 14. The right of way for 100 feet each side of a railroad, including all necessary grounds for station buildings, workshops, machine | TRAFFIC ASSOCIATION. shops, switches, side tracks, turntables, and See CONSPIRACY, 5.
9. Contributory negligence d u person Seo CONTIGOATION, 3, 4; CONSTITUTION- | killed on a railroad crossing is so conclusively AL LAW, 1; EXTRADITION; PRIVATE shown that there is no question for the jury, LAND CLAD8, 8, 10.
where the undisputed facts are that he was
familiar with the crossing and could not TRIAL
have failed to see the train if he had looked Question for Jury, see also ADVERSE
for it while 40 feet distant from the track, POSSESSION.
but drove slowly upon the track without apSee also APPEAL AND EKROR, 2: CONSTI. pearing to see or look for the train until just TUTIONAL LAW, 10, 27; CBIMINAL LAW,
as it struck him. Northern P. R. Co. v. 1; JUDGMENT, 10. Freeman,
Instructions. 1. Trial by jury under the Constitution |
10. The modification of a requested inmeans a trial by a jury of twelve men in the
struction which assumes the credibility of a presence and under the superintendence of
witness, by stating that the weight to be a judge empowered to instruct them on the given his testimony is a question for the law and to advise them on the facts, and (ex
jury, does not improperly discriminate cept on acquittal of a criminal charge) to set aside their verdict, if, in his opinion, it
against him. Davis v. Coblens, 1147 is against the law or the evidence. Capital
1 11. In answering a question of the jury Traction Co. v. Hof,
| in a prosecution under U. S. Rev. Stat. $ 2. A trial by a jury of twelve men before
5208, 'for unlawful certification of a check,
when they come in after consultation and a justice of the peace, having been unknown
ask for the law as to certification when no in England or America before the Declaration of Independence, is not a trial by jury,
money appears to the credit of the drawer
and the court assumes to answer it by refwithin the meaning of U. S. Const. 7th
erence to that section, its failure to explain Amend.
the meaning of "wilful violation" as used in 3. A common-law trial by jury in a court 13 of the act of Congress of 1882 when deof record upon appeal from a judgment of a fendant's counsel requests it is error which justce of the peace in a civil action after give is not cured by mere reference to the original ing bond with surety to prosecute the appeal charge. Spurr v. United States, 1150 and to abide the judgment of the appellate court, is sufficient to satisfy the constitu- TROVER. tional right of trial by jury.
Ια. See also Banks, I; PUBLIO LANDS, 11. 4. The right of trial by jury is not un.
The rule that a mere trespasser cannot duly obstructed by enlarging the civil juris-defeat diction of justices of the peace to $300, and
defeat the right of the plaintiff in trover
by showing a superior title in a third perrequiring every appellant to give security to
son, without showing himself in privity or pay and satisfy the judgment of the appel
connecting himself with such third person, late court in order to obtain a trial by a
has no application to cases wherein the common-law jury on appeal.
plaintiff has shown no prima facie right to 5. A statutory proceeding before a spe-| bring the action. United States v. Loughcial tribunal, to determine claims against a rey,
420 city which has no legal obligation, is not a suit at common law, within the meaning of TRUSTS. U.S. Const. 7th Amend. Guthrie Nat. Bank | See CORPORATIONS, 4; EQUITY, 2, 3; v. Guthrie,
TRIAL, 6; WATERS, 6. Questions for court or jury. 6. The question of the acceptance of a
UNDUE INFLUENCE. trust by creditors may be left to the jury,
See EVIDENCE, 8; GIFT. notwithstanding their positive oral testi
UNITED STATES. mony to the acceptance, where this question
Claim against, see CLAIMS. is closely connected with a question of their
See CANALS; DAMS; WATERS, 2, 10. participation with the debtor in defrauding other creditors. Sonnentheil v. Christian UNSEAWORTHINESS. Moerlein Brew. Co.
492 See SHIPPING, 4. 7. The knowledge of local creditors who
USURY. have accepted a deed of trust, that it is fraudulent, may be left to the jury, where
See also BILLS AND NOTES, 2; COURTS,
13. the debtors are shown to have remained in practical control of the business, obtained 1. One seeking the affirmative aid of credit on false representations to commercial equity for relief against an alleged usurious agencies, and made large purchases of goods agreement must himself do equity by tenderon credit just before an assignment, while ing or offering payment of what is justly the rumors of their insolvency could hardly | due. Hubbard v. Tod,
246 have escaped the ears of such creditors. Id. 2. An offer to repay the money loaned is
8. The authority to act for another party not necessary in order to obtain the cancelais a question for the court to decide, if only tion of a contract for usury under Minn. Gen. one inference can be drawn from the evi. Stat. 1894, § 2217, providing that such condence, and that is want of authority. Wash-tracts shall be canceled and given up. Misington Gaslight Co. v. Lansden, 543 | souri, K. & T. Trust Co. v. Krumseig, 474