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the conclusion that the negligence in manag- 6. The average amount of live stock which ing the car was later in time and therefore the cattle dealers have each week, although usually proximate cause of the injury. Everett v. Los sold witbin one day after they are received, and Angeles Consol. E. R. Co. (Cal.)

350 most of them are brought from other states, 4. The fright of a mule caused by the constitutes property within the state which can usual noise incident to running a street car by be taxed under Md. Code, art. 81. Myers v. electricity, without any unnecessary noise made Baltimore County (Md.)

309 for the purpose of scaring the animal, does not 17. The intent of dealers in cattle to export make the street railway company liable for re part of them, and the fact that they do esport sulting damages. Doster v. Charlotte Street R. about two thirds of all wbich they handle, do Co. (N. C.)

481 not prevent the taxation of such cattle to the NOTES AND BRIEFS.

average amount that they have on hand. Id. Street railways; use of streets by; crossing crease of taxation required by Md. Code, art.

8. Notice of a new assessment or of ad iorailroad.

572

81, $ 145, is necessary in order to sustain such Negligence in striking person by street car; new or increased tax.

Id. .

350

Transfer tax.

erally; (2) by bells, googs, and whistles; (3) by not intended to be made subject to tax by tbe steam; (4) contributory negligence. 481 | New York transfer tax act of 1892 as property

over which the state “has any jurisdiction for SUBCONTRACTORS. See CONTRACTS, the purposes of taxation." Ře Whiting's Es4; INTEREST, 2; LIENS, 6. tate (N. Y.)

232 SUBWAYS. See ELECTRICAL USES AND

10. Bonds of a foreign corporation, as well

as bonds and certificates of stock of domestic APPLIANCES, 6, 7, NOTES AND BRIEFS.

corporations, when deposited in a safe deposit SUNDAY. See COMMERCE, 3; CONSTITU- popresident, are “property within the state.”

vault within the state, although owned by a TIONAL LAW, 11, NOIES AND BRJEFS.

within the meaning of the New York transfer SUPERVISOR. See OFFICERS, 5.

tax act of 1892.

Id.

11. Bonds of a domestic corporation, which SURVIVAL. See DEATH, 2.

are in another state in possession of a nopresi.

dent owner, are not property within the state," TAXES. See also CONSTITUTIONAL Law, within the meaning of the New York transfer

10; COUNTIES, 8; LEVEES, 2; MANDA- | tax act of 1892, imposing a tax on the transfer
MUS, 3; MORTGAGE, 2; MUNICIPAL Cor from a nonresident decedent of property witbin
PORATIONS, 9; PUBLIC IMPROVEMENTS, 4; the state. Re Bronson's Estate (n. y.) 238
STATUTES, 14, 20.

12. Sbares of capital stock of a domestic 1. The constitutional rule of uniformity corporation, although the certificates are in anin taxation is not violated by a statute author other state in possession of a popresident izing a county to make a donation to secure

the within the meaning of ihe New York transfer

owner, constitute “property within the state," location of a state institution within the county, tax act of 1892, taxing a transfer of property although that county as well as others will be taxed for its maintenance. Lund v. Chippewa

within the state from a nonresident decedent.

Id. County (W'is.)

131 2. A tax on any property in specie or by him in a bank within the state, although com

13. Money of a nonresident deposited by the acre is contrary to Tenn, Const. art. 2 mingled with trust funds in an account opened $ 28, requiring all property to be taxed accord. by him as trustee, constitute "property witbin ing to its value. Reelfoot Lake Levee Dist. v: the state," within the meaning of the New York Dawson (Tenn.)

725

transfer tax act of 1892, which includes prop 3. A tax on land alone in a certain levee dis- erty of a nonresident decedent if within the trict, but excepting land under water, violates state. Houdayer's Estate (N. Y.)

235 Tenn. Const. art. 2, $ 28, requiring all property, real, personal, or mixed, to be taxed.

NOTES AND BRIEFS. 4. The assessment and taxation of judg. See also MUNICIPAL CORPORATIONS. ments rendered by the courts of a state in favor of and owned by citizens of other states is not

Taxes; uniformity of; delegation of power of.

726 authorized by Kap. Gen. Stat. 1889, cbap. 107, S 1, providing generally for the taxation

Situs of personal property for; on personal of all property in the state and mentioning property of nonresidents. 232, 236, 238, 810 judgments among other classes of taxable per.

On siock in trade; on property to be exsonal property. Kingman County v. Leonard ported.

309 (Kan.)

810
On mortgages.

308 5. Nontaxable property cannot be sold Imprisonment for nonpayment.

654 for the payment of a poll tax, under Miss. Const. $ 243, wbich makes said tax "a lien TELEGRAPHS. See also CONFLICT OF only upon taxable property," as this section is Laws, 2; DAMAGES, 4, 5; EVIDENCE, 9, a part of the article on franchise and is intended to be a clog upon the franchise more than a 1. A stipulation limiting the liability of a means of revenue. Ratliff v. Beale (Miss.) 472 telegraph company for errors and mistakes in 34 L. R. A.

Id.

10.

the transmission of an unrepeated message is out discrimination and known as “stock boxes” not valid so far as it applies to mistakes caused will not justify a finding in a trademark case by negligence of the telegraph operators. Reed that they were selected for an improper or v. Western U. Teleg. Co. (Mo.) 492 fraudulent purpose.

Id. 2. A rule of a telegraph company not to

3. The letters "W. H. W.” printed in deliver messages outside a half mile limit can- script, in white, in a horizontal line upon a not be set up to excuse a delay in delivering a red background, on boxes of confectionery, do message sent to a small town a few miles away, not infringe a trademark wbich, as registered summoning a minister of the gospel to a per- in the United States patent office, is described son pear death, wben the rule was not known as the letters “P. C. W.” generally arranged to the sender, and was not mentioned by the to appear as script, printed in a horizontal live agent, who received the message about dark, upon a background of “any suitable color," stating that it could be delivered that night. distinctly stating that other forms of letters Western U. Teleg. Co. v. Robinson (Tenn.) 431 may be employed or that they may be differ3. Mental anguish of a father caused by ently arranged, and that the essential features

Id. the failure of a minister to reach his daughter are the letters "P. C. W.” until after she was dead, when he bad tele

NOTES AND BRIEFS. graphed for him because of her desire for baptism and union with the church, is not Trademarks; infringement of label. 172 without foundation merely because complete church membership could not bave been con- TRANSFER TAX. See Taxes, 9, 13. summated during her life, but may be the basis of a cause of action against the telegraph TRESPASS. company.

Id.

NOTES AND BRIEFS.
NOTES AND BRIEFS.

Trespass; imprisonment for debt in case of. Telegraphs; limits for delivery of telegrams.

641 431 TRIAL. See also WITNESSES, 1. Interstate business of; liability for mistakes; restricting liability.

492

1. Tenn. Laws 1895, chap. 67, providing

that proof of certain things enumerated sball THREATS. See also LIBEL AND SLANDER, be prima facie evidence of fraudulent intent in NOTES AND BRIEFS.

procuring accommodations at 'a botel, inn, or

boarding house, which is made a misdemeanor, The name and signature of a claimant does not violate Teon. Const, art. 1, SS 6, 8, 9, agency subscribed to threatening letters and guaranteeing the right of trial by an impartial circulars which are sent in violation of Mo. jury. State v. Yardley (Tend.)

656 Rev. Stat. 1889, S 3782, are entirely immaterial to the offense of the persons who sent them. owns stock in another company is disqualified

2. A stockholder in a corporation which State v. McCabe (Mo.)

127

to act as juror in an action against the latter

company. McLaughlin v. Louisville Electric TIMBER. See REPLEVIN.

Light Co. (Ky.)

812

3. The question whether an entire contract TIME.

was reduced to writing, or an independent The disability of a plaintiff during a collateral agreement was made, is one of fact for portion of the period allowed for the perform the jury where there is any evidence to sustain ance of a condition precedent to the mainie a contention upon the point. Pines v. Willcox nance of an action will not extend the time of (Tenn.)

824 performance, provided a reasonable time re- 4. Whether a legal injury is pleaded by mains within that period after the removal of alleging the vacation of a part of a street at the disability. Hasting8 v. Foxworthy (Neb.) some distance from one's property is a ques

321 tion of law for the court, and not a question

for the jury. Dantzer v. Indianapolis U. R. TOWNS. See also Bonds, 7; EVIDENCE, 2; Co. (Ind.)

769 JUDGMENT, 1; STATUTES, 10.

5. An instruction as to the duty of a NOTES AND BRIEFS.

municipality in respect to a walk, which says

it must be kept "in a safe condition" for pubTowns; as municipalities; powers of. 674

lic travel, ought to be changed to say that the

duty in that respect is to use reasonable and TRADEMARK.

ordinary care. Hall v. Manson (Iowa) 207 1. The use of the same names for varieties 6. An instruction that plaintiff is “entitled” of candy by one who is charged with infring to exemplary or punitory damages if the injury ing a trademark on the boxes of which such was malicious is error, since such damages cannames do not form a part does not sustain a not be claimed as matter of law, but only in the charge of infringement of such trademark, but discretion of the jury. Robinson v. Superior it can be complained of only as an attempt 10 Rapid Transit R. Co. (Wis.)

205 represent the goods as those of the other party. 7. The jury must be permitted to pass P. C. Wiest Co. v. Weeks (Pa.)

172

upon the question of due care by a municipal 2. Similarity in the size and shape of boxes corporation which in midsummer turns a large for confectionery which are obtained from box quantity of crude petroleum into a public manufacturers and are sold to the trade with. sewer the natural outlet of which is obstructed, and leaves it four days without taking any pre-TWO THIRDS. See PARLIAMENTARY cautions to avoid a resulting explosion. Fuchs LAW, 2; VOTERS AND ELECTIONS, 5, 6. v. St. Louis (Mo.)

118 8. Wben tbe jury have found that defects UNIVERSITY. See State UNIVERSITY. existed in an engine of wbich the owner had knowledge a sufficient time to have remedied USURY. See BuildING AND LOAN Asso. them before an explosion which injured a by. CIATIONS, 3, 4. stander, they need not find further facts which

VENDOR AND PURCHASER. raise the iuference that the accident arose from the want of some precaution which the owner 1. A grantor of real estate has no implied of the engine ought to have taken, since the equitable lien thereon for the unpaid purchase question of bis duty to have avoided the injury money after he bas delivered an absolute deed becomes one of law. Louisville, N. A. & c. to the property and placed the grantee in posR. Co. v. Lynch (Ivd.) 293 session. Frame v. Sliter (Or.)

690 9. Evidence that a certain engine which 2. An implied vendor's lien in favor of a passed at the time a fire started threw sparks judgment for damages for breach of indefinite, to an unusual distance is sufficient to go to the continuing covenants in a conveyance cappot jury, on the question whether or not such en- arise under Ky. Gen. Stat. chap. 63, art, 1, gine caused the fire, notwithstanding testimony 24, denying a lien for unpaid purchase that such engine was provided with a sufficient money unless the deed states what part of the spark arrester. Van Steuben v. Central R. Co. consideration remains unpaid. Whitely v (Pa.)

577 | Central Trust Co. (C. C. App. 6th C.) 303 10. The testimony of a witness that she

NOTES AND BRIEFS. bad seen the engine claimed to bave set a fire on different occasions throw large coals should

As to vendors' liens.

690 not be taken from the jury, notwithstanding she testifies on cross-examination that she was VETERANS. See CIVIL SERVICE. mistaken, where the reason she gives for ber mistake is unsatisfactory.

Id.

VOTERS AND ELECTIONS. See also 11. General instructions as to the ultimate BONDS, 6; MANDAMUS, 1. conclusion of negligence are not proper where a special verdict is required. Louisville, N.

1. The qualifications of voters at municipal A. & C. R. Co. v. Lynch (Iod.)

293

elections may be prescribed by the legislature, 12. Instructions to a jury are sufficient if as by requiring them to be taxpayers, in the

absence of any constitutional provision to the they properly state the law when considered

55 as a whole and construed together. Debney

contrary. Hanna v. Young (Md.) V. State (Neb.)

851 2. The right to vote "at all elections," 13. Refusal to give an instruction that dec- citizen of full age who has been a resident

given by Md. Const. art. 1, § 1, to every male larations by a creditor that any debt that had ex of the state for one year and of the legislative isted was discharged is prima facie evidence of district of Baltimore city, or of the county in payment is properly refused when the declara which he may offer to vote, for six months," tions in evidence may be referred as much to does not extend to municipal elections outside the question of the existence of the cootract as of the city of Baltimore.

Id. to that of payment. Hay v. Peterson (Wyo.)

581

3. No citizen other than the proper offi14. Facts gathered from several findings of randa from so much of the records of the elec

cials has a right to inspect and take memoa special verdict, although not stated in logical toral board as relates to the preparation and or consecutive order, must be considered as an printing of the official ballots, certitication of entirety, and not in fragmentary parts. Louis. the same and their distribution to the judges rille, Ñ. A. & C. R. Co. v. Lynch (Ind.) 293 of election of the several precincts. Gleaves 15. A verdict for plaintiff in an action to v. Terry (Va.)

144 recover for injuries caused by negligence can

4. So much of the records of the electoral not be found upon grounds not alleged in the board as relates to the appointment and redeclaration. Mitchell v. Prange (Mich.) 182 moval of judges and commissioners of election NOTES AND BRIEFS.

and registers or the ordering of a new registra

tion may be inspected and copied by citizens. Trial; sufficiency of evidence to go to jury.

Id. 577

5. An ordinance providing for the subTRUSTS. See also INCOMPETENT PER mission to the voters of the question whether SONS, 2–4; Taxes, 13.

or not park bonds shall be issued, at a specified One who makes a voluntary deed for of the bonds in the event that two thirds of

general election, and authorizing the issuance his own benefit cannot remove his act except those voting at said election shall vole in fasubject to the approval of a court having juris. vor,” requires a favorable vote of two thirds diction of such matters. Neal v. Black (Pa.) of all those voting at the general election. Bel. 707 knap v. Louisville (Ky.)

256 NOTES AND BRIEFS.

6. Two thirds of the voters voting at an See also BANKS.

election to be held for that purpose, whose asTrust; revocation of ; necessity of approval sent is necessary to authorize municipal inby court.

716 | debtedness, means two thirds of all the votes

cast for any purpose at the election, where but themselves a convention, and the minutes kept one election can be held during the year, at were those of the club, and there had been no wbich all questions to be submitted to the voters call or notice of a convention nor any election must be decided.

Id. of delegates, and no primaries had been held. Ballots.

Id. 7. A statute prohibiting the name of any 16. The validity of a nomination made by candidate for office from being placed on the a chairman of the state committee of a politiofficial bailot more than once is within legisla cal party with 100 associates, to fill vacancies tive discretion, and does not violate the consti in the list of presidential electors nominated in tutional rights of electors. State, Bateman, the same manner, when not in violation of v. Bode (Ohio)

498 statute, cannot be contested by the committee 8. The name of a person as candidate for of an entirely distinct political party. Id. an elector of President and Vice President can. 17. The exclusion from the signers of a cernot appear in more than one place upon the tificate of electors to nominate candidates by official ballot, under Wyo. Laws 1890, chap. Wyo. Laws 1890, chap. 80, $ 89, of those per80, $ 104, which provides for no party head- sons who have joined in a certificate nominatings or columns set apart for separate parties, ing other candidates for the same office, does but requires the ballot to name the party or not apply to persons who have participated in principle represented by a candidate in con. the nomination of other persons tbrough prinection with his name. State, Blydenburgh, maries, but only those who have joined in v. Burdick (Wyo.) 845 nominations by certificate.

Id. 9. The name of a candidate nominated

18. A county convention whose nominees by certificate of electors in place of a person will have a right to appear on an official ballot previously dominated in the same way but cannot be held by twenty one persons coming who has declined should be given the same from but one fourth of the precincts in the place upon the ballot that the prior nominee county, who met and assumed to form a new would have been entitled to.

Id. party without any credentials or election as 10. Adding his party designation, i. e., delegates, or any call for a convention, or any “Independent Democrat” to the name of a notice except by word of mouth. State, Meicandidate written upon a ballot in the same calf, v. Johnson (Mont.)

313 way that party designations follow the names

19. A state convention nominating candi. of candidates in the printed list as required by dates wili pot be recognized so as to permit the Cal. Pol. Code, $ 1191, does not destroy the names of the nominees to appear on an official legality of the ballot when it was manifestly ballot when it was held by only twenty-one not intended as a distinguishing mark. Jen persons representing only one fourth of the nings v. Brown (Cal.)

45 precincts of a single county, who met without 11. The grouping of candidates for presi. any call for a convention, or any notices given dential electors is to be made by the county except by word of mouth, or any election as clerk, and not by the secretary of state, under delegates, or any credentials, and immediately Wyo. Laws 1890, chap. 80, $ 104, providing assumed to form a new party and organize that the names of such electors presented in themselves into a county convention and then one certificate shall be arranged in a separate on the same evening into a state convention. group, but the secretary must so certify the

Id. names and description of the candidates as to 20. Neither the party appellation nor the convey to the clerk all knowledge requisite to names of the presidential and vice presidential such grouping. State, Blydenburgh, v. Burdick candidates added thereto by authority of law (Wyo.)

845 and properly appearing in the certificate of 12. The protest of a nonresident candidate nominations made under Kan. Sess. Laws for Vice President against printing his name on 1893, chap. 78, $ 6, can be omitted by the seca ticket of presidential electors named by a retary of state from bis certificate of such nomstate convention, without attempting to decline inations to the county clerks under 13. the national nomination or even withdrawing Breidenthal v. Edwards (Kan.)

146 as a candidate in that state, is not a withdrawal

NOTES AND BRIEFS. “from nomination” within the meaning of Kan. Sess. Laws 1893, chap. 78, S8, and does Validity of nominations; nominations by pot preclude the use of his name on such bal- certificate or convention.

316 lot. Breidenthal v. Edwards (Kan.) 146

Restricting names on official ballot. 498 Nominations.

Right to vote at municipal election. 55 13. Nominations cannot be made by a petition filed with a county clerk and recorder so

What constitutes majority; two thirds of voters.

256 as to entitle the names of the nominees to be placed upon an official ticket as candidates of WALLS. See BUILDINGS, NOTES a party. State, Russell, v. Tooker (Mont.) 315 BRIEFS.

14. Nominations by a self-constituted county committee of an alleged party cannot be made WAREHOUSEMEN. See LEVEÈS, 3-6. so as to appear on an official ticket when no power has been delegated to such committee WATERS. See also CONTRACTS, 11, 12; by any convention of the party.

Id. Dams, 1, 2; ESTOPPEL, 3; MUNICIPAL

CORPORATIONS, 5, 7. 15. A nomination by a political club cannot be recognized as that of a county conven- 1. No one who does not infringe or tion when the participants did not consider threaten to infringe the exclusiveness of

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grant of the right to use the streets of a city | WIRE. See ELECTRICAL USES AND APPLIfor water pipes can be heard to allege its invalidity because of its exclusiveness, after the works have been constructed and the contract has been substantially performed by the gran. WITNESSES. See also PARDON, 1. tee. Illinois Trust & Sav. Bank v. Arkan. sas City (C. C. App. 8th C.)

518

1. Leading questions may be permitted

where the orly objection is that they are ir2. The invalidity of the exclusive grant relevant and immaierial. Yoch v. Home Mut. by a city of the right to use its streets to con- Ins. Co. (Cal.)

857 duct water to its inhabitants is no defense to

2. A witness called by both parties may an action for rent which the city has promised to pay the grantee for the use of hydrants, af- be impeached by the party first calling him ter the works have been constructed accord by proof of his contradictory statements as to ing to the contract and have been accepted by

a matter to wbich he testified only when the city.

Id.

cross-examined as the witness of the other party. Hall v. Manson (Iowa)

207 WILLS. See also PARENT AND CHILD.

3. An executor may call one who is suing

on a claim against the estate as a witness and A will is not revoked by subsequent compel him to testify as to transactions with marriage alone without the birth of issue, al the testator, although the statute forbids the though the wife has been given by statute the claimant to support his claim by his own tesright to inherit from her husband. Re Hu- timony in the first instance. Hay v. Peterson lett's Estate (Minn.) 384 (Wyo.)

581 NOTES AND BRIEFS. Wills; revocation of, by marriage. 335 YEAS AND NAYS. See StatCTES, 2, 3.

Gift to “lawful issue;" right of adopted child. 34 L. R. A.

500

Ex.2.2.13.

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