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UNITED STATES SUPREME COURT

ABSTRACT.

JURISDICTION.

1. Of United States Circuit Court suit by creditor of bank against stockholders.-A citizen of Virginia sued the stockholders of a bank incorporated under the laws of South Carolina in the United States Circuit Court to enforce the statutory liability of the stockholders for the debts of the bank. The bank was not made a party and there was no evidence of the citizenship of the stockholders sued. Held, that the Circuit Court had no jurisdiction of the action. Decree of Circuit Court, South Carolina, reversed.

Godfrey, receiver, appellant, v. Terry. Opinion by Miller, J.

2. Constitutional law: impairing obligation of contract.-A State cannot legalize the suspension of specie payments by banks incorporated under its laws. Ib.

MUNICIPAL BONDS.

Held

City issuing, bound by recitals in as to bona fide holder. -Under a statute of Texas a city, issued its bonds which contained a recital that they were issued in accordance with the provisions of the statute. that the city as against a bona fide holder for value and without notice was estopped by the recital from denying the regularity of the issue of the bonds. Judgment of

U. S. Circ. Ct., W. D., Texas, affirmed.

City of San Antonio v. Mehaffy. Opinion by Swayne, J.

HASTINGS' LAW DEPARTMENT.

OF THE

UNIVERSITY OF CALIFORNIA.

OUTLINE COURSE OF STUDY.

JUNIOR YEAR.

FIRST COURSE. I.-The Law as to Persons. Text-book: Kent's Commentaries, Lectures 24 to 32. Works for collateral reading will be announced to the class. II.-The Law as to Personal Property. Text-book: Kent's Comm., Lectures 35 to 38. III.-Outline o1 the Law as to Contracts, including the gen, eral doctrines which apply to all contractsand the general principles of the most im Text-books portant mercantile contracts. Metcalf on Contracts, Parsons do., Kent's Comm., Lecturcs upon the various mercan

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Equity Jurisprudence. Constant reference will be made to the Statutory Legislation.

SENIOR YEAR.

Pleading and Practice according to the Reformed System of Procedure. with the general theory of common law forms of action, and of Common Law and Equity Pleading, Evidence, Constitutional Law, Criminal Law, Admiralty Law, Patent Law.

Lectures upon Medical Jurisprudence. The Principles of Morality in their effect upon the law and in their application to its practice, Public International Law, Private International Law or the Conflict of Laws, the Roman Law, General and Comparative Jurisprudence.

MOOT COURTS, ETC.

A Moot Court will be established for the argument of causes and the discussion of legal questions by members of all the classes. It is hoped that the students will also form debating societies or clubs.

The Senior Class will have constant exer

cises in the preparation of Pleadings, and other legal papers and written instruments of all kinds.

JOHN NORTON POMEROY, LL D.
PROFESSOR OF MUNICIPAL LAW.

The CALIFORNIA LEGAL RECORD is a full and complete continuance- and the only one-of the publication of the California Supreme Court decisions from the close of the

San Francisco Law Journal," vol. 1., and will contain every decision rendered since the close of that volume, on February 23, 1878, --as rapidly and soon as time and space will permit.

There have also been added twelve decisions omitted from that work through the neglect of its former editor. We have nothing_fur. 'ther to do with the "Pacific Coast Law Journal," nor has it any connection with us or this office. F. A. SCOFIELD & Co., Publishers and proprietors LEGAL RECORD.

Vol. I.

SATURDAY, YUGUST 24, 1878.

Legal Notes.

A REMARKABLE TRIAL.

A Wife and Mother Procures a Decision
Acnulling Her marringo.

Probably the most remarkable case ever tried in this county, and one that bas perhaps attracted more atention and excited more comment than any other, was that of Flora A. Spurlock vs. Charles W. Greeu for annulment of marriage contract. We cannot learn that the case bas ay precedent in this State. The complainant is the daughter of Rev. M Spurlock, a Methodist preacher now stationed at Kewanee, and formerly at Geneseo, and the defendant is a 'Methodist minister stationed at Fairview, Fulton county The parties were married about two years ago, and lived together as man aud wite, baving one child born to them, now Dine nonths old. For some time past complainant has not lived with defendant, and recently she brought suit for annulment of the marriage Contract on the ground that she had entered into it under. duress of her mother, and against her choice and protest. This she swore on the witness stand, testifying that she had never loved the defendant, and had not willingly married him; and that he was and always bad been repugnant to ber; that her parents had all of the ime known this; but they had persisted that she must marry him, and her mother had watched and guarded her to that end; that ber letters to Green had been written or dictated by her mother, and filled with expressions of affection that she could not voluntarily make; that she had loved another man and had pleaded against this marriage, and had prayed for oeath and contemplated destruction rather than submit to it; and, finally, being wearied out and worn and distracted, bad subunitted berself an unwilling partner to the marriage ceremony, but did not consider in spirit that she was ever married to Green.

Mrs. Spurlock, the mother of the girl, appear ing as a witness for her, fully corroborated this testimony in all essential particulars, astounding the crowd of spectators by solemnly avowing in all its particularity her own part of this extraordinary business, and pleading a belief that she was doing right and securing her daughter's happiness and well-being. fbe popular impression left by such testimony was in the bighest degree ucfavorable, and there is not heard anywhere any dissent from that impréselon.

No. 21

After the submission of this and other corroborative evidence, the defense consented to a verdic. Mr. Green testified that be had never known of the facts testified to by the mother and daughter, and that be had no destre to hold an unwilling wife, and only wished to guard bis own honor and reputation from a repruach that he did not merit. Accordingly, a verdict was rendered annulling the marriage and declaring it void-that is, that the marriage bad neve" existed; the parties in law were not bushard and wife when they bad, lived together, and that the child was not born in lawtul wedlock. That such a decree should be desired seems to us almost as incredible as that a mother should have thougbt she was pursuing a righteous course in compelling ber daughter in a marriage that she loathed.-Cambridge, IU, Chronicle.

The Lights and »bades of a Book Contract. Judge Wheeler of the Nineteenth District Court to-day rendered a decision in the suit of A. L. Bancroft & Co. vs. W. W. Call. The Judge explained how the defendant got in the case. An author, ambtrious to write a book descriptive of the Lights and Shades of San Francisco, went to Bancroft & Co. to get the work.published, but the publishers having some doubts about the pecuniary resources of the author declined to go on with the work, unless security was given for payment. About this time W. W. Call agrees to become responsible for $1,500, and the publishers also receive the right of collecting $1,000 from persons who had subscribed for coples of the 000k. In order to make everything clear, ban croft & Co. wrote to Mr. Call at Yosemite inform10g him that his payment of $1,500 would be the last luscailment, and would be collected after the subscriptions were paid. Mr. McCall replied giving his assent to that arrangement and the publishers went to work.

There was a commun understanding that the book should be ready for delivery August 1, 1876; out it was delayed and all the copies were not deuvered until March, 1877. The court said the main point involved was whether the guarantor 18 released because the Publishers failed to finish the work and deliver the books August 1, 1876. On this point it was decided that mere nelay would not release the guarantor unless it was unreasonabl. The case, however, was taken out of that dilemma by the defendant going to Bancroft & Co. after the 1st of August, 1876, and requesting the delivery of the books to the author. The court supposed the real difficulty was that the book did not reach the popularity which the author hoped it would at alo. Judgment in accordance with the prayer of the complaint for $1,500 in gold coin and interest was ordered.-Bulletin, August 15th.

THE WATER QUESTION IN THE SUPREME COURT.— The Feather River Water Comp.ny have been permitted to intervene in the Supreme Court in the case of David Mahony vs. Board of Super visors. A motion by Mahoney's attorney o dismiss the intervention was denied on Monday DJ 891d Court. Upon motion of Mr. Irvine, attorney for Mahoney, the case went over until August 26th. Among those present in Court watching the proceedings were J. P. Acge, Delos Lake, J. M. Burnett, C. N. Fox (attorney for Spring Valley), Water Comuis Flober Murphy, J. C. Maynard, David Mahoney and others.

The Court has determined to grant the greatest latitude in examining the merits of the law and the acts of the Wa er Commissioners thereunder. Bulletin, August 21st.

STARTLING SCENE IN COURT,

A Frantie Mother Meus to recover a Child She had Previously abandoned to its Fate.

The habeas corpus case of James and Ellen Lane vɛ. Wm. H. and Mary Taylor was heard, Monday, afternoon to the Fifteenth District Court. The plaintiff's claim to be the parents of Ellen Lane, oherwise known as Mary Taylor, nine years of age, the adopted daughter of the defendants, who reside at Vallejo, and the writ was sued out to obtain possession of the child.

Mrs. Lane testided that on the 7th of February, 1870, her husbard being sick and poor, she placed the child, then an infant 7 months old, in St. Jo seph's Orphan Asylum, giving it her maiden name of Mary Ellen McLaughlin. she agreed to pay $12 per month for its support, but not having the money to pay, she neglected to call and see her offsoring. In 1876 she and her husband having accumulated some money, took a trip to Ire land. About a year ago they returned, huoted up the child and foard ber domiciled with the Taylor family. who, having formed a strong at tachment for the girl, refused to give her up. James Lane corroborated the testimony of his wife.

William H. Taylor stated that he was employ ed at Mare Island, and was abundantly able to take care of his adopted daughter. She had a good bcme, and was sent to school. Mrs. Taylor verl

fled the statement of her husband.

Father Louis testified to the good character of

Mr. and Mrs. Taylor, and said that the Lanes bad made gross misrepresentations to him, entirely destroying all the sympathy he entertained for them.

A certificate from the Asylum was introduced, showing that the child had been placed there as a half orphan, and that Mr. and Mrs. Taylor had been regularly intrusted with ber care.

The little girl said she preferred to remain with her papa and mamma Taylor.

Judge Dwinelle said that the case showed one of the most heartless instances of parental de sertion which had ever been brought to his Court. In justice to all he must remand the child to the custody of Mr. and Mrs. Taylor.

As the words fell from the lips of the Court Mrs. turning chalis in her course. Mrs. Taylor placed

Line rushed frantically towards the child, over

berself before the child to protect it. The spectators jumped to their feet, and a scene of cove fusion ensued. The Court commanded order, but the words of the Judge were unheeded. Mis. Lane screamed, and wept, and declared that her child shoulo not be torn from her. The Sheriff was ordered to remove the woman from the room. She shrieked and struggled to violently that the officer's efforts were unsuccessful. The intercession of ber attorney only augereo her the more. Finally the Sheriff and others held ber while Mr. and Mrs. Taylor and their adopted child left the court-room All this time Mr. Lane appeared perfectly indifferent to the scene going on around him, not making the slightest attempt to calm his agitated wife. It was some time cefore she could be sumcter,tly quieted to leave the court-room.-Bulletin, August 20th.

A PECULIAR ANSWER.-Motion for judgment on the pleadings was denied by Judge Thornton yesterday in the case of W. C. Tyler vs. Maggie Barkley, action to recover $1,200 on a promissory nore executed by the defendant on the 11th of September, :876, in favor of Maria E. Avery, and by her assigned to paintin. The answer is singu larly drawn. The defendant genies upon her best cuted the note, and avers upon information and knowledge, information and belief that she exebelief that the pore is a forgery. She further alleges that the reason sne places her denial upon information and belief is that she did, on or about Maria E. Avery 10 pas ment for certain furniture toe 18th of September. 1876, execute a note to then belonging to said Avery, and said Avery agreed to execute and deliver to aerendant a bill o sale of said furniture, which she neglected to. do, and on the same day 8411 note was executed gald Avery informed the defendant that soe bad sold said furniture to the plaintiff, W. C. Tyler, and had torn up the no'e. That if the note surd upon is the note so executed by the defendant, then the same was without consideration, toe indorsement to plaintiff was without consideration, and plaintiff took said note with full knowledge of the facts. Woere ore defendant demauds to be herein dismissed, etc.-Bulletin, August 16th.

INTERESTING TO PARDONED CRIMINALS. The Iowa Supreme Court has decided a very interesting case touching the legality of a conditional pardon. Kirkwood pardoned one Dick Arthur on condition that he keep sober and refrain from crime. Arthur vio lated the condition, was rearrested, released on habeas corpus by Judge Newman. Gov. Newbold appealed to the Supreme Court which now holds that a conditional pardon can be issued, and, if accepted by the convict and violated, the unexpired sentence enforced. This is the first time the highest court has passed upon this question. Johnson County had such a case with Hockenberry, who was conditionally pardoned, and afterwards, upon proof of violation, was made to serve out his term.

The Safe Deposit Company Held Responsible for Duncan's Overissue of it. Stock.

parentage by birth may be received as prima facie evidence, Judge Mvrick applied the rule in this case.-Bulletin, August 28d.

An important decision was rendered by Judge Dwinelle last week, in the case of F. H. Woods VR. the Safe Deposit Company. Plaintiff loaned J. DELINQUENT TAX CASES.-In passing to-day C. Duncan $20,000, on his promissory note, tak- upon the demurrer to the complaint in the case IDK as security therefor two certifi. of the City and County of San Francisco vs J. cares representing 500 shares each of stock Keane, involving $40, one of the several hundred of the Safe Deposit Company, made actions brought by Fisher Ames, as special counour in toe usual form duly.executed by the Com-sel for the city, to recover delinquent Taxes for pany officers with the Company seal attached. the twenty-fourth oscal year, Junge Thorton'said Buusequenti Woods discovered that Duncan did that the complaint se's forth every fact required Dot a che time own more than 500 shares and for the levsing and collecting of taxes under that one of the certificates was fraudently issued, the general law. One of the potuts of the demurrer and he brought suit to recover $10,000 or one-hair is that the action is barred by the statute of limithe amount loaner Duncan, on the ground that ration. In the opinion of the Court the action the Company was bound by the acts of its agents. was not barres, nor did he think such an action The Co-opany demurred to the complaint on could be barred except by direct statute. The the grounds that it old nɔt state a cause of acaemurrer was therefore overruled with ten days 1100, and rbat Duncan and the Secretary of the to answer: corporation should have been joined as derendanry.

Judge Dwinelle beld that the complaint does state cause of action, and to a great extent he based his opinion upon decisions of the Court of Appeals of New York, citing the case of the New York and New Haven Kalrod Company vs. Schuyler and others, which hold that a corpora tion is llable to the same extent and under the

same circumstances as a natural person tor the consequence of its wrongful acts and omissions; and is responsible for the acts and for the neg'i gerce of its agents while engaged in the busine-8 of their agency to the same extent and under be same circumstances as natural persons. Where the authority of an agent depends upon some party outside the terms of bis power, and which, from its nature, rests particularly within his koowledge, the procipal is bound by the representatious of the agent, although fise as to the existence of such facr. This case cited 18 parallel with the one decided by Juig~_DwlDelle. Toe New York and New Haven Railroad Company were held to be liable for damages occasioned by the over issue of stock, fraudulently made by their stock agent, Schuyler. Toata corpora'ion, in law, is but au individual, and bound by the same rules and laws as human beings, and cannot hide is wrongful acts and omissibus bebind its secretary or other agent, The same principle is announced by the Chancellor of Kentucky, in the Bink of Kentucky vs. the Schuylail Bank, and by the Courts of other States.

It was also held by Judge Dwirelle that it was not necessary to a ake Duncan or the Secretary of the Company parties to the action.-Bulletin August 22d.

In the two cases of the people of the State of California vs. Tne Hoernia Savings and Loan Sociery, actions to recover taxes delinquent for the twenty-fourth fiscal year, one for $770, on money and office furniture; the other for $640 on the lot corner of Post and Montgomery sureers. Judge Thornton Raid the complaints were araurred to on the general ground that they old Dot state causes of action. He held that the complaint stated all the necessary facts. It was also demurred to on the ground that the action of The State Board of Equalization was illegal. He said roat the State law steered clear of all acts of the Bard The Supreme Court had hein that the law was_Constitutional, and the demurrers would therefore be overruled.-Bulletin, Augus 2d.

The Monetary Conference in Paris.

He re

PARIS, August 220.—In the International Mɔnetary Conterence to-day, Walker, of the American Delegation, made a long speech, pointing out the Serious CODsequences of demouetizing silver. Horton also adoressed the cont rence. polled the accusation that the Uotted 8tares came. to the Congress with antiquated tbeories which were only supported by nations having a forced paper currency. He sld toe potut 10 be ascerrained was, whether the Powers considered 1 advantageous to concert together upon the cooaitions of their silver currency. The question was then raised whether the Conference should again adjourn. Governor Fenton declared there Lan never been a more important quesnon than that under discussion. Am rican o-legat s had crossed the ocean to discuss it exhaustively. It would be greatly to te regretted if hts were not done. American delegates had still many things to say. The Conterence adjourned for one week.

RECOGNITION OF ADOPTION BY WILL -Letters of administration upon he estate of onn C. Keenan nave been granted to James I. Felton. Toe Leon Say announced that Germany had dePublic Administrator and two other persons, rep-chined, with thanks. an ir vitation to participate resenting legarees under the testator's will, also in the Congress. Mr. Walker argues that a vold applied for letters. Felton was the Dominee of standard was condemned by exprience of the an adopted son, George B. Keenan. There was last few years. The Conference of 1866 commited DO evidence of the adoption of the latter by the a great mistake la proclaiming a crusade against testaror except a clause in the will where he silver for the sake of International coinage. Ouly speaks of him as "my aoopted son, George B Lwo or three countries were able to maintain a Keenan," and the point in controversy was, do the sufficient gold circulation, and others would be statemen's to the will that he was the adopted driven to circulation in which silver would preson of the testator afford prima facie evidence of dominate below its Dominal value. The Swedish the a loption? The Suprein court of this Stare and Swiss Representatives dispute Walker's arhaving held that a statement in a will as to gument.

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