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Delegation of power.

19. Any occupation comes within the range 10. The legislature cannot delegate to a of the police power, which is such as to be levee district the legislative power to levy a tax naturally liable to create a nuisance unless under Tenn. Const. art. 2, authorizing it to subjected to special regulations, whether it be delegate such power to counties and incorpo. so conducted as in fact to create a nuisance or rated towns, since this impliedly excludes dele. not. State v. Orr (Conn.)

279 gation to any other agency. Reelfoot Lake 20. The fact that garbage is not a nuisance Levee Dist. v. Dawson (Teon.)

725

or detrimental to health does not exempt it Class legislation.

from the police power or entitle a citizen to 11. A city ordinance making it unlawful engage in its transportation without a license. for barbers to pursue their calling on Sunday,

Id. without applying to other kinds of employ.

NOTES AND BRIEFS, ment, is unconstitutional as class legislation. Tacoma v. Krech (Wash.)

68 See also CRIMINAL LAW; IMPRISONMENT FOR Property rights; due process of law. DEBT; PARDON. 12. The constitutional rights of property

Constitutional law; self-executing provi. do not include the right to send letters or

sious.

395 circulars to a debtor threatening to advertise a claim against him for sale, which constitutes Class legislation by Sunday law.

68 an offense under Mo. Rev. Stat. 1889, § 3782, Privilege of contracting; due process of law; as a threat to injure his credit or reputation. monopoly of business.

279 State v. McCabe (Mo.)

127
As to right of contract.

467 13. The right to transfer property in pay- Statute restricting conveyances to prefer ment of a debt when solvent is within the creditors.

446 constitutional protection of property rights and

Annulment of defense under statute of limis valid by Tennessee Acts 1895, chap. 128,

itations.

440 declaring that every transfer of property to prefer creditors or which "would bave that effect” shall be void without limiting it to cases

CONTINUANCE. of insolvency. Third Nat. Bank v. Divine

A judgment in a trial court against a Grocery Co. (Tenp.)

445

party whose counsel is, to the knowledge of 14. Requiring itinerant vendors to deposit the court, at the time present in the supreme $500 with the state treasurer to be returned on court in obedience to its rule will not be perthe surrender of the license, less the amount mitted by the latter court to stand. Peterson of any fines and costs that may have been v. Atlantic City R. Co. (Pa.)

593 imposed, does not deprive the licensee of property without due process of law. State v: CONTRACTS. See also MUNICIPAL CorHarrington (Vt.)

100

PORATIONS, 2–6; PARTNERSHIP; SCHOOLS. Police power.

15. The state has authority to make exten- 1. An instrument would be without consive and varied regulations as to the time, sideration and therefore void if a default of mode, and circumstances in and under which the obligor could be held as satisfaction of the parties shall assert, enjoy, or exercise their consideration. Woodland Oil Co. v. Crawford rights, without coming in conflict with any of (Ohio)

62 those constitutional principles wbich are estab

2. The performance of a contract by a lisbed for the protection of private rights or party who has hesitated or refused to comprivate property.

plete it may constitute a good consideration 16. The police power of the state is the for a promise by a third person who will be power to govern men and things within the benefited by such performance. Abbott v. limits of its dominion, and is not limited to Doane (Mass.)

33 the protection of health, peace, morals, educa- 3. A relinquishment by the mother of a tion, and good order, but comprehends all those bastard child of her right to compel the general laws or internal regulations necessary father by legal proceedings to assist in the to secure peace, good order, the health and maintenance of the child and her support and comfort of society, and the regulation and education of the child at her own separate exprotection of all property in the state.

Id.

pense are a sufficient consideration for his 17. A statute requiring itinerant vendors promise to make a conveyance of real estate to who go from place to place and temporarily her. Van Epps v. Redfield (Conn.)

360 occupy rooms for the exhibition and sale of

4. A construction company becomes a goods, to pay a state license of $25 and deposit subcontractor, and not an original contractor $500 with the state treasurer as security, and with a railroad company, when, with full then to pay in addition a local license fee in knowledge that a contract company is unable each place in which they sell goods, amounting to complete the work, it agrees with it to do to a tax on the value of their stock of goods so for an agreed sum in cash and bonds, with according to the rate of the last preceding a provision that it shall have a “subcontractor's assessment of taxes in that place --- is not un lien," although the railroad company has corconstitutional althougb it is oppressive. Id. sented to the subletting of the contract and that

18. The police power of the state does not the construction company shall have a conextend to the levying of special assessments on tractor's lien. Richmond & l. Constr. Co. v. property benefited by a levee. Reelfoot Lake Richmond, N. I. & B. R. Co. (C. C. App. 6th Levee Dist. v. Dawson (Tenn.) 725 | C.)

625

Id.

392

5. A contract restricting persons from en promise to release joint debtor; payment of gaging in the milling business in the vicinity surety: promise not to sue; compliance with of a certain city after the completion of an obligation to deliver papers or property; agreeagreement for the sale of their business, al ment to comply with lease; agreement to comthough it extends for their lives, is not illegal ply with marriage contract; promise to do as in restraint of trade. Kramer v. Old (N. C.) duty; where there is breach on both sides;

389 work already completed when additional prom6. To take stock or help to organize or ise made; waiver of conditions; acceptance of manage a corporation formed to carry on a performance; promise of additional compensabusiness after one has agreed, on the sale of tion for completing contract; promise to persuch a business, not to continue it in that lo- | form additional duty for samé consideration: cality, is a breach of his contract. Ia. promise by stranger to the contract. 33 7. There can be no recovery as between

In restraint of trade.

390 the parties on a contract made in violation of Inability to perform or get benefit of. 575 a statute, the violation of wbich is prohibited Cancelation or rescission of. by a penalty, although the statute does not pronounce the contract void or expressly CONVICTS. See also Criminal Law, 3, prohibit the same. Sandage v. Studebaker Bros. Mfg. Co. (Ind.)

363

4, NOTES AND BRIEFS. 8. The tender back of letters patent by a 1. The employment of a convict upon the buyer to the seller places the latter in statu public roads under supervision and control of quo so as to entitle the former to rescind the a public agent by order of the county commis. contract of sale on the ground that the letters sioners is not a “hiring out” of the convict were void for lack of novelty.

Id. which, by N. C. Code, § 3448, requires an 9. The rescission of a written contract to order of court embodied in the sentence. State convey land will be decreed in an action to v. Yandle (N. C.) compel specific performance where such per- 2. An order of county commissioners for formance is denied because of the purchaser's the employment of a convict upon the public laches and the increased value of the property, roads, made under N. C. Code, $ 3448, and although the vendor bas obtained a judgment without any provision therefor in the sentence for the purchase price, which he offers to or any order of court, is pot void on the ground cancel. Hendry v. Benlisa (Fla.) 283 that it is in the nature of an additional judg. 10. The rule that the members of the legis ment against the convict.

Ia. lative body of a city may not so act or contract as to deprive their successors of the unimpaired CORPORATIONS. See also BILLS AND exercise of the legislative or governmental NOTES, 1, 2; CONFLICT OF LAWS, 8–15; power does not apply to the exercise of the CONTRACTS, 6; COUNTIES, 1; EVIDENCE, business or proprietary powers of the munici- 5, 29; INSURANCE, 1; JUDGMENT, 2, 3; pality,-such as the power to contract for Taxes, 12. waterworks, but in the exercise of such power the city is governed by the same rules as a 1. It is a matter of common knowledge private corporation or individual, and may con- that where the ownership of a majority of the iract for terms longer than the duration of the stock of a corporation changes, the board of terms of office of the members of its legislative directors usually changes, unless its members body. Illinois Trust & Sav. Bank v. Arkan- are already in harmony with the policy of its sas City (C. C. App. 8th C.)

518purcbasers. Farmers' Loan & T Co. v. New 11. The cancelation of a contract by a York & N. R. Co. (N. Y.)

76 municipality for a water supply will not be 2. A corporation purchasing a majority made by a court of equity merely because of of the stock of another competing one cannot the inadequacy of the supply, for which the obtain control of its affairs, divert the income water company is not in fault, but which is due of its business, refuse business which would to the inadequate capacity of the springs which enable the defaulting company to pay its inter. the contract requires the supply to be obtained est, and then institute an action in equity lo from. Du Bois v. Du Bois Čity Watervoorks enforce its obligations for the avowed purpose Co. (Pa.)

92 of obtaining entire control of its property to 12. A reformation of a contract for a the injury of the minority stockholders. Id. municipal water supply, because of a mutual 3. A corporation owning a majority of the mistake of the parties as to the adequacy of the stock of another company, and assuming constipulated source of supply, is within the power trol of its business through the control of its of lhe court under Pa. act April 29, 1874, $ 34, officers and directors, assumes the same trust cl. 3, giving power, on a bill filed by any citi relation toward the minority stockholders that zen, to make such order as may seem just and a corporation itself usually bears to stock. equitable for the correction of the alleged holders.

Id. impurity or deficiency of the water supply. Id. 4. The statutory right of a corporation to Notes AND BRIEFS.

purchase stock of another company does not

give it any right, as the owner of a majority of Contracts; sufficiency of consideration; im- ihe stock and bonds of such company, to manmoral consideration.

360 age its affairs so as to cause a default on a Performance of existing contract obligation mortgage and obtain control of the property as consideration for new promise:-In general; by foreclosure at less than its value to the payment of existing debt as consideration; l injury of the minority stockholders.

Id.

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5. The fact that a contract company dom. COSTS AND FEES. inates and controls a railroad company baving

NOTES AND BRIEFS. the same stockholders will not make its engagements operate in legal effect as those of Cósts; as debts within constitutional provi. the railroad company with respect to one who sion as to imprisonment.

655 is fully aware of the relations of the companies when making a contract with the former COUNTIES. See also BONDS, 4, 5; PUBLIC for work on the railroad. Richmond & I.

MONEY; STATUTES, 11-14, 20. Constr. Co, v. Richmond, N. 1. & B. R. Co. (C. C. App. 6th C.).

625

1. Counties are not included among the 6. A statute of a state in which a railroad corporations referred to in Tenn. Const. art. company is organized can give it no authority 11, $ 8, prohibiting the creation or increase of to lease a railroad held by it in another state the power of corporations by special laws.

541 contrary to the policy of ihe latter state. Van Burnett v. Maloney (Tenn.) Steuben v. Central R. Co. (Pa.)

577

2. A county is not a municipal corporation 7. One who becomes a member of a foreign corporation, and possesses such powers and is

in the full sense of the term, but only a quasi corporation subjects himself to such laws of subjected to only such liabilities as are spethe government of its situs ag affect its powers cially provided for by law. Schweiss v. First and obligations. Warner v. Delbridge & C.

Judicial Dist. Ct. (Nev.) Co. (Micb.)

701 8. An assessment which will be binding on

3. Counties are municipalities within the nonresident policy holders may be made under meaning of Wis. Laws 1895, chap. 138, authe Minnesota statutes upon the premium notes thorizing municipalities to make donations to of the holders of mutual policies in an insur: the state home for the feeble-minded. Lund

131 ance company organized in that state to repay

v. Chippewa County (Wis.) unearned premiums on cash policies issued by

4. Donations by a county, made merely to the company.

. secure a site for a state institution for the 9. An assessment on premium notes, made efficiency and successful operation of the in

feeble-minded, and in no way affecting the by a receiver of a mutual insurance company stitution when established, are not against pubunder a decree of the court, is not an adjudi. lic policy.

Id. cation binding on the courts of another state as against the maker of one of such notes who

5. A prohibition of county aid to any indiwas not a party to the proceedings resulting in vidual, association, company, or corporation, the assessment and who before the bankruptcy does not apply to such aid to the state or

Lancey v. King County of the company had surrendered bis policy United States. and received back bis note. Parker v. Lamb (Wash.)

817 (Iowa)

704 6. A probibition against county indebted10. A stock bolder's liability, which is con

ness for any other than strictly county purtractual under the statute, becomes a part of poses will not prevent indebtedness for a pubthe assets which pass to a receiver for the pay- |lic canal through the county to connect two

Id. ment of corporate debts. Cushing v. Perot large public waterways with the ocean. (Pa.)

737 7. In determining whether or not county

indebtedness violates a constitutional provision NOTES AND BRIEFS.

that no county shall create any indebtedness

exceeding 2 per cent upon the assessed value of Corporations; articles of, as contracts. 466

the taxable property in it, compulsory obli

gations imposed by the legislature must be Owcing stock of other companies; con included. "Grand Teland & N. W. R. Co. v. trolling other company. 78 Baker (Wyo.)

835 Effect of assessment on stockholders made 8. The fact that the validity of the debt under order of court in another state as res on which a judgment against a county was judicata.

694 rendered cannot be questioned in a proceeding Right to enforce stockholder's liability out. I to enforce a tax to pay it does not prevent a side of the state of incorporation:-(I.) În ac- resistance of the tax on the ground that it was tion by corporation or its representative; (II.) not authorized by law.

Id. in action by creditor of corporation: (a) rem- 9. Recourse to the claims upon which edy according to law of forum; (b) for unpaid judgments against a county were rendered may subscriptions to stock: (1) in general; (2) by be had to determine to what class they belong, creditor's bill; (c) for statutory liability after and whether or not any limit is imposed upon stock is fully paid for: (1) in general; (2) na taxation by which they may be enforced. Id. ture of the liability; (3) liability absolute or 10. A judgment against a county for a claim distinct from statutory remedy; (4) constitu. wbich should have been paid out of current rev. tional liability; (5) exclusiveness of statutory enue, but was not because the amount limited remedy provided in state of incorporation; (6) by the Constitution was exhausted, and which conditions prescribed by statutes in state of did not become valid county indebtedness incorporation; (7) action at law; (8) suit in because the constitutional limit of indebtedness equity; (d) remedies in Federal courts: (1) in had already been reached, or because it was general; (2) in equity: (3) at law;. (III.) con not legally adopted by the people, is not pubtribution between stockholders of foreign cor: lic debt" within the meaning of a provision of porations.

737

a Constitution limiting the tax rate except for Foreign right of contract. 596 public debt and interest thereon.

Id.

11. The expense of maintaining the dis of the term of such contract. Illinois Trust & trict court is a county purpose which must be Sao. Bank v. Arkansas City (C. C. App. 8th C.) provided for out of the fund raised by the lim

518 ited tax levy authorized by Wyo. Const. art. 6. In the construction of the statutes of a 15, $ 5. Grand Island & N. W. R. Co. v. state which measure the powers and liabilities. Baker (Wyo.)

835 of its political organizations Federal courts 12. A board of county commissioners which uniformly follow the interpretation of the can only act as a body in session cannot con- highest judicial tribunal of the state, where do fess judgment against the county under a stat- question of general or commercial law or of ute requiring defendant to personally appear right under the United States Constitution or in court in order to confess judgment. Id. laws is involved.

Id. 13. A power of attorney to confess judg- 7. The decisions of the highest court of a ment cannot be given by a board of county state upon the proper construction to be given commissioners without statutory authority. ld. to the constitutional and statutory provisions

14. Compensation to be made to a land of that state are binding in Federal courts. owner for land taken by a county for the Rhodes v. United States Nat. Bank (C. C. App.

742 location of a public road must be paid out of 7th C.) the ordinary county revenue raised by the 8. The courts of one state will adopt its own limited tax provided by Wyo. Const. art. 15, methods of construction on a constitutional $ 5.

Id. provision of another state where the courts of NOTES AND BRIEFS.

the latter state have not construed it. Tuttle Counties, as municipalities; incorporation of.

v. National Bank of the Republic (Ill.) 602

NOTES AND BRIEFS. As municipalities; donations by, for public Courts; jurisdiction in action between noninstitution. 132 residents.

504 Power to issue bonds; issuing bonds pay. Majority or quorum of.

538 able in gold.

541 Limitation of indebtedness of.

835 COVENANT. COURTS. See also CONTINUANCE.

1. The test in equity to determine whether a

covenant in a deed runs with the land is the 1. Two members of the Tennessee court intention of the parties. Landell v. Hamilton of chancery appeals may bear, consider, con-|Pa.)

227 fer together, and decide the causes before

2. A covenant that the "house" on a lot con. them, in the absence of the other member of the veyed "shall be forever hereafter restricted court from sickness or other reason, although from baving any building or part of a building the act creating the court makes no provision attached to the said messuage thereon erected" as to the number which may act or constitute more than 10 feet high is not limited to the a quorum, but Mill. & V. (Tepp.) Code, $ 56, house or building then existing on the land. while not applicable to the court, provides

Id. generally that a majority of three or more officers to whom joint authority is given may dence to business purposes after a covenant re

3. A change in the use of premises from resiexercise it, unless otherwise declared. Сосап V. Murch (Tenn.)

538 stricting erections thereon above a certain 2. A citizen of one state may maintain in height is not sufficient to destroy the effect of the covenant.

Id. the courts of anotber state a transitory action arising at his residence against another citizen

4. Building along the division line and partly of the same state found in the other state

under on each lot a solid wall higher than a covenant the provision of the United States Constitution requires the servient lot to remain unobstructed guaranteeing to the citizens of each state all for the purpose of furnishing light and air to the privileges and immunities of citizens of the the dominant lot will prevent the dominant several states which the courts of the latter owner, who builds it, from enforcing the covstate have no discretionary power to dismiss. enant in equity as to the space below the top Eingartner v. Illinois Steel Co. (Wis.) 503

of the wall, but will not absolutely terminate the covenant.

Id. 3. The legislature must be the judge as to whether or not there is reason to apprebend

NOTES AND BRIEFS. fraud in the sale of goods by itinerant vendors, when it enacts a stringent license law for the

Covenant; running with land; restricting building

227 prevention of fraud in such sales. State v. Harrington (Vt.)

100

CREDITORS' BILL. 4. The reasonableness of license fees in respect to their amount, when imposed, not

NOTES AND BRIEFS. by municipal ordinance without legislative For unpaid subscriptions to stock of foreign authority, but by the state through legislative corporation.

743 enactment, is conclusively established by the statute, and cannot be reviewed by the couris. CRIMINAL LAW. See also BIGAMY;

CONSTIUTIONAL LAW, 8; CONVICTS; HA5. A court cannot declare void a contract

BEAS CORPUS, 2; IMPRISONMENT FOR for the term of twenty-one years made by a

DEBT. city in the exercise of discretionary power 1. The laws in force wben the fatal blow or riven by the legislature to determine the length I wound is inflicted govern the crime of murder,

Id.

as it is regarded as committed at that time, al- | the costs thereof. Marshall v. Franklin F. though the death occurs on a subsequent date. Ins. Co. (Pa.)

159 Debney v. State (Neb.)

851

4. The difference between the actual mar2. A consolidation of separate indictments ket value of a lot and the price received is the charging definite offenses, for the purposes of measure of damages for a mistake in the trial, does not make them one offense so as to transmission of a telegram wbich is not in cipermit but one sentence. Howard v. United pher, to an agent by which a lower price is States (C. C. App. 6th C.)

509 named to him than that stated by the princi3. Cumulative and successive sentences are pal, and in reliance upon which he executes within the power of a court to impose at com- the contract. Reed v. Western U. Teleg. Co. mon law, and they may be imposed by Federal (Mo.)

492 courts without any express authority by act of 5. A verdict for $500 is not excessive as Congress.

Id. damages for the mental anguish suffered by a 4. The possibility of a deduction by good- father on account of inexcusable delay in de time credits, although contingent on ibe" con- livering a telegram to a minister of the gospel duct of the convict, does not render a sentence calling bim to the bedside of a daughter who so indefinite or uncertain that a successive sen desired baptism and union with the church, tence to begin on the expiration of the former where the result was that he failed to come will be invalid.

id. until after she was dead. Western U. Teleg. Co. v. Robinson (Tepp.)

431 NOTES AND BRIEFS.

6. No recovery can be bad for a miscarCriminal law; enhancing penalty of crimes riage resulting from fright caused by the neg. when committed by habitual criminals or prior ligence of another. Mitchell v. Rochester R. Co. offenders:-(I.) Validity of statutes and ordi- (N. Y.)

781 pances: (a) in general; () ex post facto laws: 7. Damages for the death of a married (c) cruel and unusual punishment; (d) equal woman cannot include the loss to ber minor protection of the laws; (e) second punishment child where the action is brought by her husor jeopardy for the same offense; (II.) Cop-band, under Mill. & V. (Tenn.) Code, $ 3130, struction and effect of statutes: (a) in general; which provides that a right of action for in. (6) third and subsequent offenses; (c) conditions juries causing the death of any person shall as to prior conviction before commission of not abate by reason of the death, but shall later offense; (d) conditions as to execution of pass to his widow, or if none, to his children, or relief from prior sentence before commission or to his personal representative, for the benof later offense; (e) effect of pardon of prior efit of the widow or next of kin, but fails to offense; (f) effect of appeal or writ of error to make any express provision as to the beae. review prior conviction; (g) effect of prior ficiary in case of the death of a married conviction in other state or country; (h) wbat woman, and leaves the recovery to go to the prior sentence must have been; (i) similarity or husband jure mariti, as it would have gone at identity of prior and subsequent offenses; (j)) common law but for its rule of abatement. procedure: (1) in general; (2) pleas and ad. Chattanooga Electric R. Co. v. Johnson (Tenn.) missions; (3) order of trial; separating issues;

442 (4) proof; (5) attacking validity of prior con

NOTES AND BRIEFS. viction; (6) verdict and judgment; (7) appeal or writ of error.

398

Damages; exemplary, for act of carrier's Reduction of prisoner's term by allowance servant.

205 for good behavior:-(I.) Constitutionality of statute providing therefor; (JI.) Construction DAMS. and effect of statutes: (a) in general; (6) Federal cases.

509

1. A statute giving the trustees of a public

canal power to raise the water in a river to a CROPS. See EMBLEMENTS.

certain height by means of a dam, and pro

viding that if in constructing the canal or deCUSTOM. See CARRIERS, NOTES AND

veloping the dam it becomes necessary to BRIEFS.

use private property, the board “shall bave a

right to acquire such right of way" in the DAMAGES. See also TRIAL, 6.

manner now provided by law, requires the

settlement of damages for flooding lands by 1. Exemplary damages are recoverable the dam under the eminent domain law, and for fraud in inducing a man to marry a woman not by suit for nuisance. Leitzsey v. Columbia who is pregnant by another. Kujek v. Gold- Water Power Co. (S. C.)

215 man (N. Y.)

156

2. Failure to object to the raising of 2. Exemplary damages cannot be recov- water along abutting lands by a dam across ered from a carrier for the malicious act of a river constitutes permission to do so within the conductor in ejecting a passenger unless the provision of a statute that in case any his act is either authorized or ratified by the person permits entry upon his land for the carrier. Robinson v. Superior Rapid Transit construction of a public improvement without R. Co. (Wis.)

205 previous compensation he shall have a right 3. The bolder of a fire insurance policy to petition for the assessment of his damages, insuring “forever” the insured and his assigns so that such remedy is exclusive.

Id. may, where the insurer wrongfully terminates 3. The grant of a right to flood a part of the policy, secure a new policy in another a farm by the erection of a dam will preclude company, and recover from the old company the maintenance of an action for injuries caused

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