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not ground for reversal. Debney v. State ney of record of the execution creditor, such (Neb.)

851 attorney has no authority as such to authorize 15. An instruction which was not influen- the clerk of the circuit court in his official ca tial because no finding was made on the point pacity to accept money on a judgment. Heninvolved therein by the jury, which rendered dry v. Benlisa (Fla.) a special verdict, is not ground for reversal. Louisrille, N. A. & C. Ř. Co. v. Lynch (Ind.) BAGGAGE TRANSFER COMPANY.

293

See CARRIERS, 7, NOTES AND BRIEFS. 16. Applause at the conclusion of the address by the prosecuting attorney, which was not connived at by the prosecution, and was BANKS, See also Bonds, 1, 2; IMPRISOSquickly suppressed and rebuked by the judge, MENT FOR DEBT, 1; NOTICE. is not ground for reversal where the record fails to show that it prejudiced the defendant, ceived by a bank after

its officers know of its

1. Checks and drafts fraudulently reDebney v. State (Neb.)

insolvency can be reclaimed if they can be 17. The improper consolidation of several found and are not yet collected and credited actions attacking deeds of a decedent is ground when the bank closes its doors. Bruner v. of reversal where the defendants therein were First Nat. Bank (Tenn.)

532 thereby deprived of the right to each other's testimony. Smith v. Smith (Colo.)

49

2. A cash deposit fraudulently received

by an insolvent bank after its officers know of Second appeal.

its insolvency cannot be reclaimed from its re18. An appellate court on a second appeal ceiver, when it went into the general funds of may re-examine and reverse its rulings on the the bank and cannot be identified and separated first appeal, if the case was then remanded from other funds on hand when the receiver generally for a new trial. Hastings v. Fox: took charge.

Id. worthy (Neb.)

321

3. The identical proceeds of a check or NOTES AND BRIEFS.

draft fraudulently received on deposit by an Appeal; conclusiveness of prior deci.

insolvent bank are sufficiently traced by the sions on subsequent appeals:-(a) Generally; cluded in a fund paid over to the receiver of

depositor when it appears that they are in(6) where the prior decision is erroneous; (c) as the bank

by a correspondent as the proceeds of applied to matters after remanding a case; credits made after the bank failed, but before (d) as to evidence; (e) as to party; (f) as to

Id. matters necessarily involved; (g) as to the mat- notice thereof to the correspondent. ters of estoppel; (h) as to matters of jurisdic

4. Fraud in receiving a deposit of checks tion; (i) as to defective appeals; (j) as to cross

or drafts after bank officials know that it is inappeals; (k) where prior decision is not final; solvent will not give the depositor a preferen(1) as to matters of pleading; (m) as to in- tial claim against assets in the hands of the rejunctions and interlocutory orders; (n) as to ceiver of the bank, if the bank before its failquestions which might have been made on ure had received the proceeds of such paper prior appeal; (o) as to excessive verdicts; or credit therefor from a correspondent, al(p) change of court; (9) as to effect of dicta; though the bank bad on hand when it failed (r) where the questions are different; (8) as to and always after the deposits were made more ambiguous decisions; (t) as to limited deci. than the amount thereof in cash.

Id. sions; (u) as to decisions by a divided court; 5. Crediting checks and drafts to a bank (0) statute and Constitution changing the rule; which has failed, although done by a corre (2) rule in intermediate courts.

321 spondent which does not yet know of the fail

ure, cannot prejudice the rights of persons ARMY AND NAVY. See CIVIL SERVICE. who deposited such paper in the insolvent bank

to recover back their paper or its proceeds, ASSIGNMENT. See ACTION OR SUIT, 2; when the deposit was received after the officers INSURANCE, 6, 7.

of the bank knew it to be insolvent. Id. ATTACHMENT. See also STATUTES, 17. to another on the same day that the latter

6. A credit for a draft given by one bank The making of a false written state- failed will not be presumed, in the absence of ment as to financial ability, for the purpose of proof, to have been given after the failure in obtaining credit, does not make one liable to order to entitle one who deposited the draft in an attachment in favor of a creditor who bad the insolvent bank after its officers knew it was no knowledge of such statement until after the insolvent to reclaim the proceeds of the draft credit was given, under N. Y. Laws 1894, out of the assets in preference to other credchap. 736, § 1, authorizing the granting of an itors who seek to bave them distributed pro attachment where defendant for the purpose rata. Klepper v. Cox (Tenn.)

536 of procuring credit makes a false statement in writing as to his financial responsibilities. Pen.

NOTES AND BRIEFS. oyar v. Kelsey (N. Y.)

248

Banks; trust in deposit in insolvent bank:NOTES AND BRIEFS.

Receiving deposit when insolvent a fraud: how Attachment; for false representations.

248 far trust exists; right to follow money; right to follow commercial paper.

532 ATTORNEYS.

Although money made on execution | BARBERS. See CONSTITUTIONAL LAW, can by the Florida statute be paid to an attor- 11.

'BASTARDY. See also CONTRACTS, 3. der the person discharging the blast liable for

injury to a blacksmith injured by the starting, NOTES AND BRIEFS.

in consequence of the noise, of a horse which Bastardy; imprisonment under order in case he was shoeing at a place several hundred feet of, as imprisonment for debt.

667
distant from the excavation.

Id.

BICYCLE. See EVIDENCE, 3; STREET BOILER. See EXPLOSIONS.
RAILWAYS, 1-3.

BONDS. See also ESTOPPEL, 2, 3; MORTBIGAMY.

GAGE, 1; STATUTES, 14; Taxes, 9-11; A man may be guilty of bigamy al

VOTERS AND ELECTIONS, 5, 6. though he believes his former marriage is an- 1. The bond of a cashier of a national pulled, where a statute describes the offense as bank for the faithful performance of bis duties marrying again while a former husband or "for and during all the time he shall hold the wife is living, without any specific provision said office” covers defaults in years subsequent as to criminal intent. State v. Zichfeld (Nev.) to that in which it is given, notwithstanding

784 tbe by-laws of the bank provide that the cash

ier shall be elected annually and a resolution BILL OF EXCEPTIONS. See APPEAL appointing him to the office was passed in each AND ERROR, 6, 7.

year, as the act of Congress relating to national

banks provides that the cashier may be disBILLS AND NOTES. See also HUSBAND and the first appointment under such act is for

missed at pleasure of the board of directors, AND WIFE, 6–8; INCOMPETENT PERSONS,

an unlimited term. Westervelt v. Mohren1. stecher (C. C. App. 8th C.)

477 1. A pote by a stockholder, director, and 2. It is no defense to an action upon the creditor of a corporation, given to the maker bond of a casbier of a national bank for misof an accommodation note which the corpora appropriation of money and excessive loans, tion had received the benefit of, in considera- that the bank or its receiver has obtained judgtion of money furnished by the maker of the ments upon the notes taken by the cashier for accommodation note to pay it, is not without such money and loans.

Id. consideration although the payee was bound to take up the other note. Abbott v. Doane

3. Sureties on a bond for the fidelity of a (Mass.)

33

firm as agents for the obligee are not liable

for funds misappropriated by one member of 2. One who takes the negotiable note of a such firm after its dissolution and the retirecorporation from its president as collateral se- ment of the other partner from the business ·curity for a loan to him or a firm to which he of such agency, even if the obligee does not belongs is not precluded from claiming as a know of such dissolution. Standard Oil Co. bona fide bolder by reason of the fact that the v. Arnestad (N. D.)

861 note was signed by the president, where it was payable to a third person who had indorsed it.

4. Implied power to issue bonds is given Cheever v. Pittsburgh, O. & L. E. R. Co. (N. Y.) to a county by authority to make a donation

69

of money or other securities” for the benefit

of a state home for the feeble-minded. Lund 3. The indorsement of a firm name on a v. Chippewa County (Wis.)

131 note to the firm from one partner, made in his handwriting, and his discount of the note to coin of the United States of the present weight

5. Power to issue bonds payable in gold bis own credit at a bank, are sufficient to put and fineness is not conferred upon a county by the banker upon inquiry and prevent him from being a bona fide holder, if the indorsement a statute autborizing the issue of bonds with. was unauthorized. Brown v. Pettit (Pa.) 723 | they may be paid. Burnett v. Maloney (Tenn.)

out prescribing the kind of money in which NOTES AND BRIEFS.

541 Bills and notes; renewal of, by insane per

6. A special election upon the question of SON.

274 issuing municipal bonds cannot be held where Notice of suspicious facts to purchaser. 723 the Constitution provides that not more than

one election shall be held in each year, but Protection of bona fide holder; notice of such question must be submitted at a general suspicious facts.

69 election. Belknap v. Louisville (Ky.) BLACKMAIL. See THREATS.

7. The issuance of negotiable bonds by a

township is authorized by Kan. Laws 1879, BLASTING.

chap. 50, authorizing townships to refund

their indebtedness. Rathbone v. Hopper (Kan.) 1. A provision in a contract for excavat

674 ing a sewer trench, that blasts are to be carefully covered to effectually prevent injury to

NOTES AND BRIEFS. persons or property, refers to injury from fly

Bonds; of cashier; duration and extent of ing debris, and not from noise of the explosion.

477 Mitchell v. Prange (Mich.)

liability.

182 2. Failure to give warning of an intended

To secure fidelity of a firm as agents. 861 'blast in an excavation in which blasting had been going on for several weeks will not ren- BRIBERY. See INDICTMENT, 3, 4.

256

BUILDING AND LOAN ASSOCIA. 3. Trainmen are not guilty of wilful or TIONS. See

also CONFLICT OF wanton neglect of duty in failing to stop a LAWS, 7.

freight train running on a sharp up-grade at a of stock by a building and loan association, the statutes as well as of the orders of the en

1. A mistaken declaration of the maturity speed of 8 miles an hour, to remove a boy eight when the stock is in fact not matured, will not make the stockholder a creditor or pút bim in gineer caught hold of and hung to one of tbe the position of a bolder of matured stock in does not appear that the train could safely be

the moving train,-especially where it subsequently winding up the affairs of the association when insolvent. Post v. Mechanics stopped at that place. Pittsburgh, C. C. & st.

L. R. Co. v. Redding (Ind.)

767 Bldg. & L. A880. (Teod.)

201 2. Payment of dues in advance under an

4. The act of crossing a car platform from agreement with a building and loan association one car to another while the train is in motion for interest upon the advances until they are

is not negligence as matter of law in the ababsorbed by dues does not entitle the stock. sence of any rule of the carrier prohibitiog it holder in case of the insolvency of the associa or any attempt to prevent passengers from so tion to be treated as a creditor with the right doing. McAfee v. Huidekoper (D. C. App.)

720 to repayment of his advances with interest, especially when the agreement for interest

5. The failure of a carrier to furnish a seat thereon was not warranted by the charter. Id for a passenger does not justify him in going

3. Payments of dues upon stock in a build- to a place of peril on the platform when ibere ing and loan association cannot be credited upon land, C. C. & St. L. R. Co. v. Moneyhun (Ind.)

is plenty of standing room in the car. Cletean usurious loan to stockholders in winding

141 up the affairs when the association is insolvent, since such credit would relieve the borrowing

6. Going from a car in which there is shareholders from their share of the losses and plenty of standing room to the lower step of throw them all on the nonborrowing stock - the car platform in order to vomit, when the holders.

Id.

train is running at the rate of 25 miles per hour,

constitutes such contributory negligence on the 4. Loans at fixed premiums without free and competitive bidding, as required by the part of a boy fifteen years of age as to preclude Tennessee statutes (Mill. & V. Code, $ 1751), when thrown off by a jerk of the train.

any recovery from the carrier for his injuries

Id. cannot be lawfully made by a building and loan association, but are usurious, if the premium is 7. The contract of a baggage transfer more than lawful interest.

id, company to transport baggage from a residence

to a railroad depot is fully performed so that NOTES AND BRIEFS.

its responsibility ceases when the baggage is Building and loan associations; application at the depot. Anniston Transfer Co. v. Gur.

delivered to the agent of the railroad company of dues to mortgage debt.

201
ley (Ala.)

137 BUILDINGS. See also NEGLIGENCE, 1-3;

8. Provisions in a carrier's contract that COVENANT, 2-4; EVIDENCE, 12, 13.

notice of injury to cattle must be given before

they are uploaded or mixed with others, and NOTES AND BRIEFS.

that no animal sball be considered as worth

more than a specified sum, conflict with a conSee also LANDLORD AND TENANT.

stitutional provision that common carriers shall Buildings : individual liability for falling not contract for relief from their common-law walls or buildings:-Liability of owner or occu- liability. Ohio & M. R. Co. v. Taber (Ky.) pier; building in possession of contractor; liabil

685 ity for injury to person in street; liability for

NOTES AND BRIEFS. injury to person on adjoining property; liability for injury to person on property ; neglect to

When person becomes a passenger. 782 comply with covenants in lease; illegal build- Contributory negligence of passenger. 141 ing; liability of firemen; act of third person; Negligence of passenger in passing from vis major; fire, contributory negligence. 557 one car to another:-The general rule; pas

senger assumes incidental risks; obedience CARRIERS. See also COMMERCE; Dam- to instructions; vestibuled trains; negligence AGES, 2; EVIDENCE, 11. in fact.

720 1. The relations between a steamboat com- Loss of money by passenger; carrier as innpany and a passenger occupying a stateroom keeper.

682 are those that exist between an innkeeper and Contracts restricting liability.

685 his guest. Adams v. New Jersey Steamboat Liability of baggage transfer companies:Co. (N. Y.)

682 (I.) As common carriers; (II.) wben liable; 2. Theft of money from the clothing of a (III.) limitation of liability; (IV.) the effect of steamer passenger during the night while he is custom.

137 occupying a stateroom with door locked and windows fastened renders the carrier liable for CASE. the loss as an insurer and without any proof 1. A direct precedent for the action is not of negligence, if the sum lost was reason- necessary to give a right of action for a wrong. able and proper for the passenger to carry on Kujek v. Goldman (N. Y.)

156 his person to defray the expenses of his jour- 2. A man who induces another to marry a ney.

Id. I girl by false representations that she is virtuous when in fact she has been seduced by

NOTES AND BRIEFS. himself and bas become pregnant is liable for

Commerce; state regulation of Sunday trains. damages in an action by the husband for fraud. Id.

105 3. Loss of the comfort founded upon af-CONFEDERATE MONEY. See Evifection and respect derived from conjugal so- DENCE, 6; PAYMENT, ciety is sufficient, irrespective of any pecuniary damages, to sustain an action by a husband CONFLICT OF LAWS. against one who has fraudulently induced him to marry a woman who is pregnant by an

1. A marriage valid in the state in which it other.

Id. is contracted will be recognized as valid in

another state if it does not contravene the CASES CERTIFIED AND RE. declared policy of the positive law of the PORTED.

latter, although it may have been made withA question arising upon the pleadings out the form or ceremony required in the which is certified to the supreme court for de latter state. Jackson v. Jackson (Md.) 773 cision cannot be answered if the facts do not 2. A contract made in Iowa for the transsufficiently appear in the pleadings to author- mission of a telegram from a place in that state ize a complete determination of it. Grand to a place in Missouri is governed by the laws Island & N. W. R. Co. v. Baker (Wyo.) 835 of Iowa making the proprietor of the tele

graph liable for all mistakes in transmission. CASHIER. See BONDS, 1, 2.

Reed v. Western U. Teleg. Co. (Mo.) 492

3. The law of the forum prevails as to the CIVIL SERVICE.

form of the remedy, the conduct of the trial, 1. A preference of veterans over all other and the rules of evidence in an action upon á persons except women, given by Mass. Stat. transitory cause of action arising in another 1896, § 2, when they have passed the civil jurisdiction. Eingartner v. Illinois Steel Co. service examination, is not unconstitutional. (Wis.)

503 Re Opinion of the Justices (Mass.)

58 4. The mere existence of a slight variance 2. The discretion to appoint veterans to of view, not amounting to a 'fundamental certain offices and employment without an ex- difference of policy, between the state in which amination, which is given by Mass. Stat. 1896, a cause of action under the common law arose $ 3, if in the opinion of the appointing power and that in which it is sought to be enforced, the public service requires this to be done, is does not deprive the court of the latter state of not unconstitutional. 'Id. jurisdiction of the subject-matter.

Id. 3. The provision that civil service com

5. A Federal court in Tennessee will missioners shall establish rules to secure the enforce the Mississippi Constitution precluding employment of veterans in the labor service of the defence to an action for an employee's the commonwealth and its cities and towns in injury that he knew of the defective or unsafe preference to all other persons except women character of the machinery or appliances by which is made by Mass. Stat. 1896, $ 6, if con- which he was injured, when the injury was strued to mean that only those found compe- received in Mississippi, since this provision is tent shall be preferred, is within the constitu- simply a variation from, and not repugnant to, tional power of the legislature.

Id. the law of Tennessee. Illinois C. Ř. Co. v.
Ihlenberg (C. C. App. 6th C.)

393 CLERKS. See ATTORNEYS; JUDGMENT, 5. 6. The principles of comity do not apply

to an action by a foreign receiver of a foreign CLUB. See INJUNCTION, 1; INTOXICATING mutual insurance company acting under a LIQUORS.

decree iv the foreign jurisdiction making an

assessment on premium notes, even if otherCOLLEGE. See STATE UNIVERSITY. wise applicable, wheretbe notes were taken for

insurance on property in the state while the COMMERCE.

company was doing business within the state 1. Prohibiting common carriers from con- in violation of McClain's (Iowa) Code, $ 1144, tracting to limit their common-law liability prohibitivg foreign insurance companies from does not interfere with the power of Congress doing business without compliance with the conto regulate interstate commerce. Ohio & M. ditions therein mentioned. Parker v. Lamb R. Co. v. Taber (Ky.) 685 (Iowa)

704 2. A train composed of empty coal cars, 7. A contract to pay money to a loan although destived for a point in another state association situated in another state at its place to procure a load, is not engaged in transport- of business, made by a resident of one state, ing articles of interstate commerce so as to be who applied to become a member of the assobeyond the control of state laws. Norfolk & ciation as resident in ihe foreign state, is to be W. R. Co. v. Com. (Va.)

105 governed by the laws of its residence, although 3. State laws prohibiting the running of it had an agency at the place where the borrower railway trains on Sunday, if enacted in good resided through which the contract was made. faith for the preservation and protection of the Bennett v. Eastern Bldg. & L. A880. (Pa.) 595 health and morals of the people, and with Liability of stockholders. out discrimination against interstate or foreign 8. The Kansas statute providing remedies commerce, are not in conflict with the Consti- by execution or action to enforce the personal tution of the United States.

Id. I liability of stockholders wbich the state ConstiId.

tution declares shall be secured, being con- Transitory actions under laws of otber strued by the state courts to create a personal states.

395 liability against the stockholders severally in

Remedy for injury in other state; statutory the nature of a contract obligation, the enforce: right of action.

504 ment of such liability by action at law is not confined to the courts of that state, but may be CONSTITUTIONAL LAW. See also had in a Federal court sitting in another state CIVIL SERVICE; COURTS, 2-4; FREE wherein a stockholder resides, when it has

SPEECH; IMPRISONMENT FOR DEBT; OFjurisdiction of the parties. Rhodes v. United

FICERS, 2-4; PARDON, 2; STATUTES, 1, 4; States Nat. Bank (C. C. App. 7th C.) 742

TRIAL, 1. But see cases following. 9. The statutory liability of a stockholder

1. The recommendation of a constituin an insolvent bank is not primary and con- tional convention, and the submission of a pro tractual so as to be enforceable in any jurisdic- made by the legislature in the form of a joint

posal therefor to popular vote, are properly tion where the stockholder may be found. Marshall v. Sherman (N. Y.)

757

resolution, and not in that of an ordinary law. State, Wineman, v. Dahl (N. D.)

97 10. The statutory liability of stockholders

2. The submission to popular vote of a in foreign corporations cannot be enforced except at the domicil of the corporation when proposal to hold a constitutional convention is the law of the domicil provides the remedy. properly made by the legislature, although the

Id.

legislature has the power to take the initiative 11. If, under any circumstances, an action

with respect to the calling of such convention. to enforce a statutory liability against a stock. holder of a foreign corporation could be

3. An oppressive and unjust law is not enforced outside of the state of its creation, it void unless ii contravenes some provision of must be by such modes of procedure as like the state or Federal Constitution. State v. liabilities created by the state where the suit is

Harrington (Vt.)

100 brought are enforced against its citizens. Id. Self-executing provisions. 12. Particular provisions of a statute prosion is self-executing is a question always of in;

4. Whether or not a constitutional provi. viding for the individual liability of stockholders in a foreign corporation will not be tention, to be determined by the language used detached and given effect outside of the domicil and the surrounding circumstances. Illinois of the corporation, if it would be impossible to C. R. Co. v. Ihlenberg (C. C. App. 6th C.) 393 enforce all the provisions of the statute there,

5. A legislative adoption of the exact lan. and its whole scope indicates that it was in !guage of a constitutional provision, omitting tended to be enforced only where passed. Id. I only & clause as to the right of the legislature

13. A special remedy against stockholders to make an extension of the provision, does of a corporation provided by the laws of the ticle to the effect that it is not self-executing.

not make a legislative construction of the arstate where the corporation is domiciled will

Id. not, on the ground of comity, be enforced in the courts of another state which has a differ- 6. A self-executing mandate is made by ent and inconsistent method of procedure, Miss. Const, $ 193, providing that “knowledge where it will result in injustice to the citizens by any employee injured, of the defective or of the latter state. Tuttle v. National Bank of unsafe character or condition of any machinthe Republic (III.)

750 ery, ways, or appliances, shall be no defense to 14. The courts of a state of the domicil of an action for injury caused thereby," with an an insolvent corporation must, by an appro

exception as to conductors or engineers. Id. priate proceeding, determine the relation of the

7. The provision of Kan. Const. art. 12, corporation and its creditors and stockholders $ 2, that dues from corporations shall be se and the proportionate share of the corporate cured by individual liability of stockholders to indebtedness to be borne by each solvent stock- an additional amount equal to the stock owned holder before relief can be had against a stock. by each stockholder, and such "other means holder in the courts of another state. Id. as shall be provided by law,” is not self-execut15. The courts of another state cannot ening. Tuttle v. National Bank of the Republic

757 force the stockholders' liability for unpaid (III.) 750; Marshall v. Sherman (N. Y.) subscriptions provided by the Illinois act of Ex post facto or retrospective. 1871–72, p. 299, § 8, as that is not a general

8. A statute denying to convicts under contract liability but is to be enforced by the sentence for a second offense the same reducremedy corresponding to garnisbment pro

tions from their sentence for good behå vior vided in that section. Russell v. Pacific R. Co. that are allowed to other convicts is not ez post (Cal.)

747 facto as applied to the punishment of an offense

subsequently committed, although the offender NOTES AND BRIEFS.

bad been convicted of his first offense before As to the enforcement of stockholder's lia. the passage of the act. Re Miller (Mich.) 398 bility outside of the state of incorporation,

9. A statute excluding nonresidents of the see CORPORATIONS.

state from the benefit of a statute of limitations, Conflict of laws; as to marriage. 774

when the cause of action arose in the state and As to contract of foreign loan association. dent thereof, is not unconstitutional as applied

the defendant subsequently ceased to be a resi

595 to pre-existing obligations. Bates v. Cullum As to life insurance policy. 175/(Pa.)

440

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