161 insane man, although the wife is properly | as affecting cruelty; (V.) the defense; (VI.) 161 Drunkenness as affeeting divorce:-(I.) 449 Enforcing payment of alimony as imprisonment for debt. 665 12. Courts will use their discretion to defeat any and all attempts to use the forms of the law of divorce to minister to the caprices of the fickle-minded, or to the revenges of the disappointed or vindictive, or to the passions of the incontinent. Dennis v. Dennis (Conn.) 449 13. The right to a divorce for adultery will be barred if plaintiff consented to the employment of a person to allure defendant into the offense for which the action is brought. Id. 14. Habitual intemperance, within the 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 intoxicated during the evening to such an extent that the next morning he did not go as usual 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 no pertion, 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 misdemeanor for a person engaged in banking to Alimony. 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 him before conviction shall be a defense to prosecution. Carr v. State (Ala.) 634 87 16. A husband cannot recover alimony to be paid out of his divorced wife's separate estate unless it is allowed by statute, and it is not allowed by Neb. Comp. Stat. 1895, chap. 25, § 10, authorizing a petition or bill of divorce, alimony, and maintenance to be exhib ited by a wife in her own name as well as a husband." Greene v. Greene (Neb.) 110 17. Alimony is a sum ordered by the court to be paid to a wife by the husband for her support during the time she lives separate from him, or paid by him after divorce for her maintenance. Id. NOTES AND BRIEFS. See also FRAUD. Common-law marriage. COMPETENT PERSONS, NOTES AND BRIEFS. IMPRISONMENT FOR DEBT. 2. Tenn. Laws 1895, chap. 67, providing that any person who fraudulently obtains accommodations at an inn, hotel, or boardinghouse, or fraudulently removes his baggage or other property, shall be guilty of a misdemeanor and be punished accordingly, does not violate Tenn. Const. art. 1, § 18, prohibiting the passage of any law authorizing imprisonment for debt. State v. Yardley (Tenn.) 656 NOTES AND BRIEFS. Constitutionality of imprisonment for debt: |—(L.) General extent and construction of constitutional provisions; (II.) what are debts: (a) meaning of the word "debt;” (b) in general; 384 (c) breach of promise to marry; (III.) action Validity of common-law marriage. 784 founded on tort: (a) in general; (b) mesne Effect of intoxication on marriage. 87 profits; (c) trespass; (d) fraud; (IV.) fines and penalties as debts: (a) in general; (b) fines Effect of marriage in other state; proof by imposed by city authority; (V.) taxes as debts; reputation. 774 (VI.) costs as debts: (a) debts in civil actions; Husband's right of action for loss of service (b) not debts in civil actions; (c) debts in crim of wife. 804 inal actions; (d) not debts in criminal actions; 598 (VII.) statutory, criminal, cr quasi-criminal cases; (VIII.) enforcing orders and decrees of court: (a) in general; (b) in decedent's estardy; (f) against officers of the court; (IX.) tates; (c) in admiralty; (d) alimony; (e) in basdue process of law; (X.) ne exeat; (XI.) debts owing to the United States. Contracts by wife. Insanity of husband as affecting wife's disability of coverture:- (1) Generally,-wife as head of family; (II.) as to separate property and rights of wife; (III.) as to dower rights; (IV.) as to community property; (V.) as to property and rights of husband. 223 Allowance to husband from property held by the wife in divorce cases:-(I.) Permanent allowance; (II.) statutes; (III) alimony pendente lite; (IV.) English cases. 110 Divorce when husband or wife becomes insane:-(I.) Insanity as a ground for divorce; (II.) insanity as affecting adultery: (a) as a ground for divorce; (b) as a defense to a claim for alimony; (III.) insanity as affecting abandonment and failure to support; (IV.) insanity 634 INCOMPETENT PERSONS. See also 1. The mental incompetency of an accommodation indorser at the time of signing a note in renewal of one which he indorsed when fully competent to do so does not prevent his estate from being liable on the renewal note, 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 (Tenn.) of him, the said juryman, E. O. as a juryman and to cause him to hang the said 274 2. An incompetent person executing a deed of trust for the preservation of his property need not fully appreciate all the technical intricacies of the transaction to make the deed binding. It is sufficient if he is not deceived or misled by fear or favor. Neal v. Black (Pa.) 707 3. That a voluntary deed by an incompetent person to protect his property was made under advice of his uncle and the attorney for his guardian will not render it invalid, if they had no adverse interest in the estate and there is nothing in their relations to him and his es tate to make them incompetent advisers. Id. 4. A voluntary deed by an incompetent person for the protection of his estate cannot be revoked as improvident if its general pur pose is wise and proper, because it strips him of all his property, is irrevocable, leaves the portion to be expended by him at the discretion of the trustee, makes no provision for future contingencies, and does not require the trustee to give security, permits him to appoint a successor without security, while it gives him unlimited power as to conversion of in vestments, and does not require him to account to any body. Id. jury." NOTES AND BRIEFS. Id. 3. The right to an injunction to restrain the prosecution of several actions on a contract for the recovery of different instalments, commenced in the court of another state for the purpose of avoiding a statute of the state of the residence of the parties, affecting the validity of the contract, is not defeated by the fact that complainant has other legal defenses available Incompetent persons; renewal of obligations in the foreign jurisdiction. Sandage v. Studebaker Bros. Mfg. Co. (Ind.) NOTES AND BRIEFS. See also HUSBAND AND WIFE. by. 274 363 Using lunatic's property to carry out his pre4. A party to a contract is entitled to an sumed wishes or to fulfil his equitable obliga injunction restraining the prosecution of sevtions in the absence of a legal authority:-(I.) 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. 297 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. 1. An indictment which simply follows the words of a statute is not sufficient unless the statute sets forth all the elements necessary to constitute the offense. State v. Howard (Minn.) 178 2. Neither a misnomer of a crime nor the omission to give it any name in the caption of the indictments affects the validity of an indictment. Id. 3. That the money offered was of value is not sufficiently shown in an indictment for bribery by alleging that the accused procured another to offer a bribe and money of value" to a juryman and that the agent did "offer the said bribe and money to the said juryman." Id. 4. An intent to influence the action of a jury as such and the knowledge of the accused as to the fact that the person whom he attempts to bribe is a juror are not sufficiently shown by URE, 1. 1. A chattel mortgage executed and delivered, no matter how short a time before the making of an assignment for creditors, is not invalid although the mortgagor contemplated the making of the assignment, where the mortgagee acted in good faith in demanding and accepting the mortgage, and without knowl edge of the mortgagor's purpose to make an assignment. Ottenberg v. Corner (C. C. App. 8th C.) 620 2. One creditor of an insolvent is not aggrieved by the refusal of the insolvency court to permit other creditors to withdraw their assent to the discharge of the insolvent. Clark v. Stanwood (Mass.) 378 4. Firm debts can be proved against a single insolvent partner although the partner- | insured names 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. Stanwood (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 v. Pub. Stat. chap. 157, 93, for obtaining which Home Mut. Ins. Co. (Cal.) on credit and without intent to pay therefor he may be refused a discharge, and it does not constitute an asset in the debtor's estate. Id. NOTES AND BRIEFS. Insolvency; chattel mortgage as preference. 620 INSURANCE. See also ACTION OR SUIT, 2; APPEAL AND ERROR, 3; CONFLICT OF LAWS, 6; CORPORATIONS, 8, 9; DAMAGES, 3; HOMESTEAD; PLEADING, 5; SERVICE, 1. 1. McClain's (Iowa) Code, 1144, absolutely prohibiting foreign insurance companies from taking risks or transacting insurance business in the state, unless possessed of $200,000 actual paid-up capital, and unless they comply with other conditions named therein, is not unconstitutional. Parker v. Lamb (Iowa) 704 2. The lien of a mutual insurance com pany upon insured property of members for their shares of the losses and expenses of the company takes precedence of the member's homestead rights under a by law which provides that the insured buildings and the right, title, and interest of the assured to the lands on which they stand shall be pledged to the company, which shall have a lien against all persons interested during the continuance of the insurance as to all debts or liabilities in curred by the company. Farmers' Mut. Ins. A880. v. Burch (S. C.) 806 4. An "agreement indorsed," permitting otherwise prohibited articles to be kept on in sured premises, is made where the articles are included in the written description of the property insured. Id. 5. Untrue answers to questions in an ap plication for insurance do not constitute a concealment or misrepresentation by the in sured which will make the policy void, where the misstatements were written by the insurance agent without any direction or knowledge of the insured. Id. 6. Stipulations in an insurance policy against assignment cannot avail an assignor when the insurer declines to take advantage of them and pays the money into court. Spencer v. Myers (N. Y.) 175 857 9. An insurance company which issues a policy of "permanent insurance" by which it agrees to be and remain "forever" liable to the assured, his heirs and assigns, and which provides that any assignment of the policy shall be brought to the company's office to be entered and "allowed," cannot refuse to enter and allow an assignment solely because it has decided not to consent to the transfer of old policies. Marshall v. Franklin F. Ins. Co. (Pa.) 159 14. An insurer against loss by reason of liability for rent under a lease while the building is untenantable because of fire is not relieved from any part of his liability by the fact that the tenant receives from his landlord a sum derived from a policy insuring the landlord against loss of rent because of fire.—at least if the 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, under his contract while the building is unten. der N. Y. Laws 1879, chap. 248, when the policy is issued for her benefit and the busband gives his written consent, is not limited to policies issued or delivered within the state, but extends to those issued by a foreign comId. pany in another state. 8. Gasolene kept as part of the usual stock of merchandise will not avoid a policy in which a written description of the property antable. NOTES AND BRIEFS. Insurance; right to assign. 159 175 Notice of member's default; effect of disability of member. 435 NOTES AND BRIEFS. 94 Justice of the peace; limits of jurisdiction Intoxicating liquor; sale of, by club. 94 of. JUDGMENT. See also CONTINUANCE; CORPORATIONS, 9; COUNTIES, 12, 13; RECEIVERS; STATUTES, 19; TAXES, 4. 1. A consent judgment entered into by town authorities cannot bind the town to a subscription to a railroad, unless the power to subscribe or donate has been legally granted by the legislature. Union Bank v. Oxford (N. C.) 487 2. Judgment against a stockholder of a corporation, and execution levied on his real estate for an amount that exhausts his liability in the state where the corporation was created, are a bar to an action in another state on his 287 LANDING. See LANDLORD AND TENANT, 2, 3. LANDLORD AND TENANT. See also 1. Rentals which had matured and remained unpaid at the time of the assignment of a lease are assumed by the assignee when the assignment stipulates that he shall hold the lease under the terms thereof and subject to the rents and covenants therein on the part of the lessee, and he accepts such assignment. Woodland Oil Co. v. Crawford (Ohio) 62 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 footing 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.) chose in action in possession of the company and under the control of the court which made the decree, although the court in which he is sued takes a different view of the case as to the assessments. Mutual F. Ins. Co. v. Phoenix Furniture Co. (Mich.) 694 4. The receipt of money due on a judgment, by an officer authorized by law to ac 550 3. A lessee's agreement to keep in repair a roadway which is below high water mark and is a mere incident to the right of mooring, loading, and unloading at a leased river front and so-called landing which has no wharf, dock, or pier, and to deliver the premises in "good order and repair," and "make good all damages to said premises except the usual wear and proper use thereof," does not obligate | LAW OF THE CASE. See APPEAL the lessee to protect the bank against an extra- AND ERROR, NOTES AND BRIEFS. ordinary peril from a sudden change in the cur rent of the river, which washes away a bank that LEGISLATURE. See COURTS, 3; PARhad stood in the same condition for centuries. DON, NOTES AND BRIEFS. Wait v. O'Neil (C. C. App. 6th C.) 550 4. One having the lease of the roof and LETTER. See EVIDENCE, 16. outside of a party wall of a building projecting above the adjoining building, for the purpose of advertising thereon by means of a stereopticon, is not evicted by the destruction of the value of the wall for advertising purposes caused by the tenant of the adjoining building without any denial of the validity of the lease, by renting the roof of his building, with a screen erected thereon, to another advertising company. Oakford v. Nixon (Pa.) LEVEES. See also CONSTITUTIONAL LAW, 10, 18; MUNICIPAL CORPORATIONS, 8; PUBLIC IMPROVEMENTS, 4; TAXES, 3. 575 5. A lease of the roof and outside of a party wall of a building projecting above the adjoining building, for the purpose of advertising thereon by means of a stereopticon, 1. A levee district created by special law is not within a constitutional prohibition against creating corporations by special law. Reelfoot Lake "Levee Dist. v. Dawson (Tenn.) 725 for a levee to protect the property is for a pub2. Taxation of property in a levee district lic purpose because beneficial to a large community of people and also to the state. Id. Id. does not become invalid for failure of consid3. Delegation to a city of the "care, sueration because the tenant in possession of the pervision, and control" of all public highways, adjoining building, without questioning the streets, levees, etc., within the city limits does validity of the lease, leases the roof of his build-not authorize the council to grant to a railway ing, with a screen erected thereon, to another company the right to construct and maintain advertising company, by means of which the a freight house on a public levee for its own value of the wall for advertising purposes is St. Paul v. exclusive use. Chicago, M. & St. 184 destroyed, where the lease contained no proP. R. Co. (Minn.) vision on that point. Id. 4. The erection of a warehouse on land 6. A landlord is liable to a boarder on dedicated to public use as a levee is not necpremises leased for a boarding house for in-essarily a misuse of the property, as such a juries sustained by reason of the unsafe and structure may be in aid of the use for which dangerous condition of the premises, which the dedication was made. was known to, or might by the exercise of reasonable care and diligence have been known to, the landlord, but not to the boarder. Stenberg v. Wilcox (Tenn.) 615 7. A landlord is liable to his tenant for damages that may result from the unsafe and dangerous condition of the premises leased when that was known to, or with reasonable care and dilligence might have been known to, the landlord, but not to the tenant, although the latter examined the premises and did not discover the defect. Hines v. Willcox (Tenn.) 824 NOTES AND BRIEFS. See also MINES. 5. The right to occupy a portion of a public levee as a site for a permanent freight house of a railroad company cannot be granted by the common council of a city under legislative authority to grant a right of way through highways, public grounds, or levees as that applies only to the right of trackage; nor by a provision that the city may agree with the railroad company on terms and conditions upon which a railroad may occupy, so far as necessary, any road, street, alley, or pub lic way. Id. so long as it does not unreasonably interfere with the use of the levee by the public; but it cannot give any part of such levee as a permanent site for the general freight warehouse of a railroad company, without reference to its traffic with such craft. Id. 6. The legislature may authorize the grant to a railroad company having traffic with craft navigating the water contiguous to land dediLiability of landlord for injury to tenant cated to the public use as a levee, of the exclufrom defect in premises:-Landlord not bound sive use of so much of the levee as is reasonto have premises safe; implied covenants; ac-ably necessary for its business with such craft, tion for nonrepair; construction of covenant to repair; warranty or representations by landlord; fraud or deceit; concealment of defects; statutory liability; landlord actively negligent; contributory negligence; proximate cause; measure of damages; distinguishable cases. 824 Liability of landlord for injuries to tenant's guest and servant from defects in premises-Duty the same toward tenant and tenant's guest or servant; landlord not generally liable; defect in premises when let; effect of concealment by landlord; effect of duty to repair; structure for use of public; liability of reversioner; contributory negligence; portion of building in landlord's possession; dangerous agency on adjoining premises. 609 LAUDANUM. See HUSBAND AND WIFE, 9. LAW. See EVIDENCE, 23, 24; STATUTES, 4. LEVY AND SEIZURE. 1. Individual partners cannot claim their statutory exemption out of the partnership property in case of insolvency, in the absence of a statute expressly authorizing them to do So. Re Spitz Brothers' Assignment (N. M.) 604 2. A photographic lens owned and used by a photographer in the prosecution of his business is within a provision of a statute exempting from attachment implements of the debtor's trade. Davidson v. Hannon (Conn.) 718 |