« ForrigeFortsett »
furnished under U. S. Rev. Stat. § 1028, by a 1861 (Nev. Gen. Stat. chap. 4), making promarshal to the warden of a penitentiary, when visions as to licenses and the persons by whom it is a mere clerical error and no such omission marriages may be celebrated, but containing no exists in the original mittimus or sentence, express clause of nullity as to marriages oiberdoes not entitle the prisoner to his release on wise contracted. State" v. Zichfeld (sev.) 784. habeas corpus.
Id. 3. A marriage invalid for want of mental
capacity of a party thereto may be made HABITUAL CRIMINALS. See CRIM valid afterwards when the party is competent, INAL LAW, NOTES AND BRIEFS.
by any acts or conduct which amount to a rec
ognition of the marriage. Prine v. Prine HABITUAL DRUNKENNESS.
87 HUSBAND AND WIFE, 14.
4. Intoxication to render one incompetent
to enter into a marriage contract is such that HIGHWAYS. See also ELECTRICAL USES the person is for the time non compos mentis,
AND APPLIANCES, 5–7; MUNICIPAL COR- and does not know what he is doing, and is PORATIONS, 8; TRIAL, 4, 5. deprived of reason.
Id. 1. A pedestrian's knowledge that the town Wife's contracts. is laying watermaids is not sufficient to give 5. A contract by a married woman to pay notice of an excavation at a particular place for the support of her insane husband in an near a crossing. Hall v. Manson (Iowa) 207 asylum, not made in the mode provided by
2. An unguarded and uplighted excava- statute, is not valid under Ala. Code, S 2346, tion in close proximity to a crosswalk may giving a wife capacity to contract as if sole. constitute negligence of a municipality, al with the assent or concurrence of her husthough the crosswalk itself is not defective. band expressed in writing,” and $ 2350, au
Id. thorizing her to engage in trade or business
without his consent if he is of upsound mind 3. Depreciation in the value of property or bas abandoned ber. Mc Anally v. Alabama by the added inconvenience of access thereto, Insane Hospital (Ala.)
223 consequent on the vacation of a part of a street at a point some distance therefrom, is an in- indorsement from the contracts which may be
6. A statute excepting accommodation jury pot different in kind, but only in degree, made by a married woman does not render infrom that suffered by the community in general, and will not sustain a right of action for valid a renewal after marriage of such an indamages. Dantzer v. Indianapolis U. R. Co. dorsement made before marriage. Harrisburg (Ind.)
597 7. A married woman may confirm the act NOTES AND BRIEFS.
of her attorney in renewing, in excess of his See also ELECTRICAL USES AND APPLIANCES. authority, her indorsement on a note given
before marriage, if she could have conferred Negligence as to crosswalk.
the power on him in the first instance. Id. Lawful use of streets.
8. The facts that renewal notes are not
made until after the old ones are overdue, and HOMESTEAD.
tbat the old ones are pot protested for poppay. A pledge of property insured in a mu- ment, will not make the renewals new contual insurance company as security for pay. tracts beyond the power of a married woman ment of the owner's sbare of the debts and lia to make if the original note was indorsed bebilities of the company is a mortgage within fore her marriage and the renewals are in purthe meaning of a statute restricting ihe modes suance of a general understanding that ibey of waiving homestead rights to alienation or shall be made, and there was no intention that mortgage of the property. Farmers' Mut. they should be new contracts.
Id. Ins. A880. v. Burch (S. C.)
9. The sale of laudanum as a beverage to HOMICIDE. See also CRIMINAL LAW, 1. a married woman, knowing ibat it is destroyNOTES AND BRIEFS.
ing ber mind and body and causing loss to her
husband, when continued after bis repeated Homicide; time when deemed to be com warpings and protest, renders the seller liable mitted.
851 to him for the damages which he sustains on
account of the loss of her services. Holleman HUSBAND AND WIFE. See also AP- v. Harward (N. C.)
803 PEAL AND ERROR, 1, 2, 12; CASE, 2, 3; Conflict OF LAWS, 1; DAMAGES, 1; of his wife's society on account of injuries
10. A husband's right of action for the loss DEATH, 1; DESCENT AND DISTRIBUTION; which result in her death is defeated by a reESTOPPEL, 6; EVIDENCE, 15–17, 26, 27, 30.
covery of judgment by her personal represen1. A present agreement between competative in an action for ber death, brought un. tent parties is sufficient to make them husband der Ky. Gen. Stat. chap. 57, § 1, for the benand wife, without holding themselves out as efit of her estate, which is more advantageous such to the public, or acting upon it by pro- to him than his common law right of action fessedly living together in that relation. Re for loss of her society. Louisville & N. R. Co. Hulett's Estate (Miod.)
384 v. Mc Elwain (Ky.) 2. A marriage by contract between parties Divorce. competent to enter into that relation with each 11. Jurisdiction of a divorce suit cannot be other is valid under Nev, act November 23, obtained on a complaint by the guardian of an
insane man, although the wife is properly as affecting cruelty; (V.) the defense; (VI.) served and appears to contest the jurisdiction. actions on behalf of insane persons. 161 Vohler v. Shank (Iowa)
Drunkenness as affeeting, divorce: - (I.) 12. Courts will use their discretion to de- Drunkenness as a ground for divorce: (a) profeat any and all attempts to use the forms of visions for; (6) what constitutes drunkenness; the law of divorce to minister to the caprices (c) degree of drunkenness authorizing divorce: of the fickle-minded, or to the revenges of the (d) pleadings and proof; (e) defenses; (f) incidisappointed or vindictive, or to the passions dents and effects; (II.) drunkenness as affectof the incontinent. Dennis v. Dennis (Cond.) ing cruel and inbuman treatment: (a) drunk
449 enness as cruelty; (b) drunkenness connected 13. The right to a divorce for adultery will with cruelty: (c) drunkenness as evidence of be barred if plaintiff copsented to the employ- cruelty; (III.) drunkenness as affecting deser. ment of a person to allure defendant into the
449 offense for which the action is brought.
Enforcing payment of alimony as imprison14. Habitual intemperance, within the ment for debt.
665 meaning of a statute authorizing a divorce for such cause, is not shown by the facts that de. ILLEGITIMATE CHILDREN. See Infendant about once in three weeks became in- COMPETENT PERSONS, NOTES AND BRIEFS. toxicated during the evening to such an extent that the next morning he did not go as usual IMPRISONMENT FOR DEBT. to his work, and had continued to do so for two years, if it had not caused loss of his posi- 1. A constitutional provision that po per. tion, nor produced want or suffering in the sons shall be imprisoned for debt" is violated family.
Id. by Ala. act Dec. 12, 1892, making it a misAlimony.
demeanor for a person engaged in banking to 15. The power to grant alimony independ receive a deposit when insolvent, and punishing ent of statute belongs to a court of chancery in with
a fine not less than double the amount of a suit to declare a marriage void ab initio. the deposit, one half of which shall go to the Prine v. Prine (Fla.)
depositor, and providing that payment to bim
before conviction shall be a defense to prosecu. 16. A husband cannot recover alimony to tion. Carr v. State (Ala.)
634 be paid out of his divorced wife's separate estate unless it is allowed by statute, and it is that any person who fraudulently obtains ac
2. Tenn. Laws 1895, chap. 67, providing -25, S 10, authorizing a petition or bill of di: commodations at an inn, botel, or boarding vorce, alimony, and maintenance to be exhib: house, or fraudulently removes his baggage or ited by a wife in her own name as well as a
other property, shall be guilty of a misdehusband.” Greene v. Greene (Neb.) 110
meanor and be punished accordingly, does not
violate Tenn. Const. art. 1, $ 18, probibiting 17. Alimony is a sum ordered by the court the passage of any law authorizing imprisonto be paid to a wife by the husband for her ment for debt. State v. Yardley (Tenn.) 656 support during the time she lives separate from him, or paid by him after divorce for her
NOTES AND BRIEFS. maintenance.
Constitutionality of imprisonment for debt: NOTES AND BRIEFS.
-(L.) General extent and construction of conSee also FRAUD.
stitutional provisions; (II.) what are debts:
(a) meaning of the word "debt;" (6) in general; Common-law marriage.
384 (c) breach of promise to marry; (III.) action Validity of common-law marriage. 784 founded on tort: (a) in general; () mesne Effect of intoxication on marriage. 87
profits; (c) trespass; (d) fraud; (IV.) fines and Effect of marriage in other state; proof by imposed by city authority; (V.) taxes as debts;
penalties as debts: (a) in general; (b) fines reputation.
774 (VI.) costs as debts: (a) debts in civil actions; Husband's right of action for loss of service (0) not debts in civil actions; (c) debts in crim of wife.
804 inal actions; (d) not debts in criminal actions; Contracts by wife.
598 (VII.) statutory, criminal, cr quasi-criminal Insanity of husband as affecting wife's dis- cases; (VIII.) enforcing orders and decrees of ability of coverture:- (1) Generally,-wife as
court: (a) in general; (6) in decedent's eshead of family; (II.) as to separate property tardy; (1) against officers of the court; (IX.)
tates; (c) in admiralty; (d) alimony; (e) in basand rights of wife; (III.) as to dower rights; due process of law; (X.) ne exeat; (XI.) debts (IV.) as to community property; (V.) as to
634 property and rights of husband. 223 owing to the United States.
Allowance to husband from property held by the wife in divorce cases:-(I.) Permanent INCOMPETENT PERSONS. See also allowance; (II.) statutes; (III) alimony pen.
APPEAL AND ERROR, 12; GIFT; HUSBAND dente lite; (IV.) English cases.
AND WIFE, 3–5, 14; INSURANCE, 12. Divorce when busband or wife becomes in- 1. The mental incompetency of an accomsane:-(I.) Insanity as a ground for divorce; modation indorser at the time of signing a note (II.) insanity as affecting adultery: (a) as a in renewal of one which he indorsed when ground for divorce; (6) as a defense to a claim fully competent to do so does not prevent his for alimony; (III.) insanity as affecting aban- estate from being liable on the renewal note, onment and failure to support; (IV.) insanity when the holder took it in good faith and there
upon extinguished and surrendered the old | allegations in an indictment of an offer to bribe note, so that he cannot be restored to his orig. a juryman serving on a jury with intent "to inal position. Memphis Nat. Bank v. Neely influence the action, vote, opinion, and decision (Teon.)
274 of bim, tbe said juryman, E. O. as a juryman 2. An incompetent person executing a
and to cause him to bang the said deed of trust for the preservation of his prop- jury.”
Id. erty need not fully appreciate all tbe technical
NOTES AND BRIEFS. intricacies of the transaction to make the deed binding. It is sufficient if he is not deceived or Indictment; for bribery; sufficiency of. 178 misled by fear or favor. Neal v. Black (Pa.)
701 INJUNCTION. 3. That a voluntary deed by an incompe- 1. An injunction against the sale of intoxitent person to protect his property was made cating liquors by an incorporated club to its under advice of his uncle and the attorney for members in pursuance of a resolution of the bis guardian will not render it invalid, if they club may be granted in favor of a member had no adverse interest in the estate and there whose property rights would be damaged is nothing in their relations to him and his es. thereby, if the sale would be illegal, although tate to make them incompetent advisers. Id. it might be punishable by indictment. Klein
94 4. A voluntary deed by an incompetent v. Livingston Club (Pa.) person for the protection of bis estate cannot 2. An injunction to prevent a school teacher be revoked as improvident if its general pur- from attempting to teach in a schoolhouse pose is wise and proper, because it strips bim after an ineffectual attempt to dismiss bim of all his property, is irrevocable, leaves the arbitrarily will not be granted to school directportion to be expended by him at the discre- ors, although they have by statute the charge iiop of the trustee, makes no provision for and control of the school property. Thompson future contingencies, and does not require the v. Gibbs (Tenn.)
548 trustee to give security, permits him to appoint
3. The right to an injunction to restrain the a successor without security, while it gives prosecution of several actions on a contract for bim unlimited power as to conversion of in the recovery of different instalments, comvestments, and does not require him to account menced in ihe court of another state for the to anybody.
purpose of avoiding a statute of the state of the NOTES AND BRIEFS.
residence of the parties, affecting the validity
of the contract, is not defeated by the fact that See also HUSBAND AND WIFE.
complainant has other legal defepses available Incompetent persons; renewal of obligations in the foreign jurisdiction. Sandage v. Studeby.
363 Using lunatic's property to carry out his
4. A party to a contract is entitled to an
presumed wishes or to fulfil his equitable obliga injunction restraining the prosecution of sevtions in the absence of a legal authority:-1.) eral actions for the recovery of different instalPower generally: (II.) in support of his famments thereunder, commenced by the assignee ily; (III.) in support of illegitimate children, of the other party in the court of a foreign etc.; (IV.) for allowances to persons entitled state for the purpose of avoiding a statute of to inheritance; (V.) for allowances to collateral the state in which the contract was made and relations; (VI.) for allowances to persons not to be performed, and in which both the parties related; (VII.) for charitable and religious
and such assignee reside.
Id. purposes; (VIII.) to continue arrangements | INNKEEPERS. See IMPRISONMENT FOR made while sane.
DEBT, 2; STATUTES, 5, 8, 9; TRIAL, 1. INDICTMENT. See also HABEAS COR. INSOLVENCY. See also LEVY AND SEIZPUS, 1.
URE, 1. 1. An indictment which simply follows the 1. A chattel mortgage executed and deliv. words of a statute is not sufficient unless the ered, no matter how short a time before the statute sets forth all the elements necessary to making of an assignment for creditors, is not constitute the offense. State v. Howard (Mion.) invalid although the mortgagor contemplated
178 the making of the assigoment, where the mort2. Neither a misnomer of a crime nor the gagee acted in good faith in demanding and omission to give it any name in tbe caption of accepting the mortgage, and without know). the indictments affects the validity of an edge of the mortgagor's purpose to make an indictment.
Id. assignment. Ottenberg v. Corner (C. C. App. 3. That the money offered was of value is 8th C.)
620 not sufficiently shown in an indictment for
2. One creditor of an insolvent is not bribery by alleging that the accused procured aggrieved by the refusal of the insolvency another to offer a bribe and money of value” court to permit other creditors to withdraw to a juryman and that the agent did “offer the their assent to the discharge of the insolvent. said bribe and money to the said juryman.”
Clark v. Stanwood (Mass.)
378 Id. 3. Partnership creditors may vote in the 4. Anintent to influence the action of a jury choice of assignees and on the matter of the as such and the knowledge of the accused as discharge of a single insolvent partner, although to the fact that the person whom he attempts the firm is not insolvent.
Id. to bribe is a juror are not sufficiently shown by 4. Firm debts can be proved against a
single insolvent partner although the partner- | insured pames such stock “as is usually kept ship is not insolvent or any proceedings taken in a country store," although a printed conagainst it.
Clark v. Stanisood (Mass.) 378 | dition declares that the policy shall be void if 5. A release of an insolvent is not a certain articles, including gasolene, are kept, thing of value” within the meaning of Mass. used, or allowed on the premises. Yoch s. Pub. Stat. chap. 157, $ 93, for obtaining which Home Mut. Ins. Co. (Cal.)
857 on credit and without intent to pay therefor he 9. An insurance company which issues & may be refused a discharge, and it does not policy of permanent insurance" by wbich it constitute an asset in the debtor's estate. Id. agrees to be and remain “forever" liable to NOTES AND BRIEFS.
the assured, bis heirs and assigos, and wbich
provides that any assignment of the policy Insolvency; chattel mortgage as preference. shall be brought to the company's office to
620 be entered and "allowed," cannot refuse to
enter and allow an assignment solely because INSURANCE. See also ACTION OR SUIT, it has decided not to consent to tbe transfer
2; APPEAL AND ERROR, 3; CONFLICT OF of old policies. Marshall v. Franklin H. Ins. Laws, 6; CORPORATIONS, 8, 9; DAMAGES, Co. (Pa.)
159 3; HOMESTEAD; PLEADING, 5; SERVICE, 1.
10. Intentional killing by a third person, 1. McClain's (Iowa) Code, $ 1144, ab- of an insured person without the latter's consolutely prohibiting foreign insurance.com-nivance or foreknowledge, is an accident panies from taking risks or transacting insur: within the meaning of an accident insurance ance business in the state, unless possessed of policy. American Acci. Co. v. Carson (Ky! $200,000 actual paid-up capital, and unless
301 they comply with other conditions named
11. The omission of the word "death" therein, is not unconstitutional. Parker v.
from a clause in an accident policy providing Lamb (Iowa)
that it shall not “extend to or cover intentional 2. The lien of a mutual insurance com. injuries inflicted” by “any other person," pang upon insured property of members for when it is used in other exceptiog clauses imtheir shares of the losses and expenses of the mediately contiguous, will make the insurer company takes precedence of the member's liable in case of the murder of the insured. homestead rights under a by-law which pro
Id. vides that the insured buildings and the right,
12. The beneficiary in a certificate of intitle, and interest of the assured to tbe lands on wbich they stand shall be pledged to the surance on the life of her father who is in. company, which shall have a lien against all save or incapable of attending to business is
entitled 10 notice of his default in paying aspersons interested during the continuance of the insurance as to all debts or liabilities in: sessments before a forfeiture can be declared curred by the company.
Farmers' Mut. Ins.
therefor after she bas given notice to the comA880. V. Burch (S. C.)
806 pany of bis condition and requested a notice
of any default on bis part so that she might 3. Written parts of an insurance policy make an effort to pay the assessment if be did will control printed parts, and in case of re not. Buchannan v. Supreme Conclave 1. 0. of pugpancy the latter must be disregarded. H. (Pa.)
436 Yoch v. Home Vut. Ins. Co. (Cal.)
13. Insurance against loss by reason of 4. An“ agreement indorsed," permitting having to pay rent for a building under a lease otherwise probibited articles to be kept on in while it is untenantable by reason of fire will sured premises, is made where the articles are
cover the time during which the landlord is included in the written description of the in possession for the purpose of rebuilding the property insured.
Id. burned building under an agreement with 5. Untrue answers to questions in an ap- the tevaot that such possession shall not affect plication for insurance do not constitute a the tenant's liability for rent under the lease concealment or misrepresentation by the in- until the completion of the new building. sured which will make the policy void, where Heller v. Royal Ins. Co. (Pa.)
600 the misstatements were written by the insur
14. An insurer against loss by reason of ance agent without any direction or knowledge liability for rent under a lease while the building of the insured.
Id. is untenantable because of fire is not relieved 6. Stipulations in an insurance policy from any part of his liability by the fact that against assigoment cannot avail an assigoor the tenant receives from his landlord a sum when the insurer declines to take advantage derived from a policy insuring the landlord of them and pays the money into court. against loss of rent because of fire.-at least if the Spencer v. Myers (N. Y.)
175 combined amounts will not wholly reimburse to 7. The right of a wife to assign a policy the tenant the rent he is compelled to pay unof insurance on the life of her husband, un- der his contract while the building is unten. der N. Y. Laws 1879, chap. 248, when the
Id. policy is issued for her benefit and the bus.
NOTES AND BRIEFS. band gives his written consent, is not limited
Insurance; right to assign.
159 to policies issued or delivered within the state, but extends to those issued by a foreign com- Assignment of policy on husband's life. pany in another state. Id.
175 8. Gasolene kept as part of the usual
Noti of member's default; effect of disstock of merchandise will pot avoid a policy ability of member.
435 in which a written description of the property Effect of other remedy of insured. 600
Keeping prohibited articles on premises. cept it, satisfies the debt. Hendry v. Benlisa 857 |(Fla.)
283 Lien of mutual company on property of
5. Clerks of the Florida circuit court were members.
808 not authorized, in 1864, to receive payment of
judgments or accept money thereon as paid INTEREST.
into the registry of the court, without a judi
cial order for the purpose, and a payment to 1. An implied promise to pay interest after them without prior authority or subsequent a specified date is made in a contract fixing ratification by the judgment creditor was in. the time of payment, but providing that until valid.
Id. a later date specified it shall bear no interest. Richmond & I. Constr. Co. v. Richmond, N. I.
NOTES AND BRIEFS. & B. R. Co. (C. C. App. 6th C.)
See also APPEAL AND ERROR; CORPORATIONS. 2. Interest on overdue claims of subcontractors may be included in the amount of
Judgment; conclusiveness of.
487 their liens, althougb the owner of the property Conclusiveness of, in other states. is insolvent and the allowance of interest will
695, 701, 704 diminish the fund applicable to inferior liens.
Id. JUDICIAL SALE. 'See PUBLIC IMPROVE
JURY. See TRIAL, 1, 2. The distribution of intoxicating liquors JUSTICE OF THE PEACE. See also by an incorporated club to its members without
FENCES. any profit to the club, but on payment by each member for what he receives in the same way An action for damages to fences, pasas he pays for any food or drink obtained ture, and an unmatured crop of coiton growing there, does not constitute a sale within the in a field, is for damages to realty of which a meaning of the Pennsylvania license act of justice's court bas no jurisdiction. Bagley v. May 13, 1887. Klein v. Livingston Club (Pa.) Columbus S. R. Co. (Ga.)
NOTES AND BRIEFS.
Justice of the peace; limits of jurisdiction Intoxicating liquor; sale of, by club. 94 of.
287 ITINERANT VENDORS. See Consti- LABEL. See TRADEMARK, 1. TUTIONAL LAW, 17; COURTS, 3.
LANDING. See LANDLORD AND TENANT, JUDGMENT. See also CONTINUANCE;
2, 3. CORPORATIONS, 9; COUNTIES, 12, 13; RECEIVERS; STATUTES, 19; Taxes, 4. LANDLORD AND TENANT. See also
EVIDENCE, 22; INSURANCE, 13, 14; MINES; 1. A consent judgment entered into by town authorities cannot bind the town to a
NEGLIGENCE, 3. subscription to a railroad, unless the power to 1. Rentals which had matured and resubscribe or donate has been legally granted mained unpaid at the time of the assigument of by the legislature. Union Bank v. Oxford a lease are assumed by the assignee when the (N. C.)
487 assignment stipulates that he shall hold the 2. Judgment against a stockholder of a lease under the terms thereof and subject to corporation, and execution levied on bis real the rents and covenants therein on the part of estate for an amount that exhausts bis liability the lessee, and he accepts such assignment. in the state where the corporation was created, Woodland Oil Co. v. Crawford (Ohio) 62 are a bar to an action in another state on his
2. The destruction of the property extinliability as a stockholder. Cushing v. Perot guishes the liability for rent under a lease of a (Pa.)
737 river front and landing consisting of a narrow 3. A decree in a sister state as to the fooling at the base of a bluff without any amount of assets and debts of an insolvent wharf, dock, or pier when the unprecedented mutual insurance company, and of the amount ravages of the river effectually destroyed the of assessments necessary to liquidate its liabili. use of the landing by washing away all but a ties, rendered by a court to which a statute shallow fragment of the lot, -especially when, has given entire jurisdiction in the matter with the lessor's consent and participation, without service upon or notice to the stock works were constructed in front of the shore holders or members, is conclusive on a stock line which destroyed safe access to the landing. holder when sued upon a note which was a Wait v. O`Neil (Č. C. App. 6th C.) 550 chose in action in possession of the company 3. A lessee's agreement to keep in repair a and under the control of the court which made roadway which is below bighwater mark and the decree, although the court in which he is is a mere incident to the right of mooring, sued takes a different view of the case as to loading, and uploading at a leased river front the assessments. Mutual F. Ins. Co. v. Phænix and so-called landing which has no wharf, Furniture Co. (Mich.)
694 dock, or pier, and to deliver the premises in 4. The receipt of money due on a judg- "good order and repair,” and “make good ment, by an officer authorized by law to ac- I all damages to said premises except the usual