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Id.

577

with other letters apparently for the purpose 26. A witness cannot testify to the general of posting it, may be put in evidence as an ad reputation of a woman for chastity while liv. mission on his part on an issue as to the facting with an alleged husband from whom she of marriage. Ře Hulett's Estate (Minn.) 384 has since separated in order to repudiate a pre

17. Conveyances describing the grantor as sumption of marriage. Jackson v. Jackson a single man are inadmissible in evidence after (Md.)

773 his death against a person claiming to be bis 27. A divided reputation in the community widow, in order to disprove the marriage. as to the marriage of persons cannot be proved.

Id. 18. Memoranda of accounts not in regular 28. Evidence as to sparks thrown and fires account books are not admissible as secondary set by unidentified engines is admissible in an evidence in the absence of anything to show action against a railroad company for fires that the items had ever been entered in such charged to have been set by sparks, where books, or if so that they could not be produced. tbere is evidence that the fire started wbile two Hay v. Peterson (Wyo.)

581 trains were passing. Van Steuben v. Centra, 19. Memoranda written by a deceased per

R. Co. (Pa.) son upon dates on a calendar indicating pay. 29. Evidence that officers of a corporation, ment of money to his creditor but not specify- acting in the interest of another company ing the amounts, por shown to have been made which owned a majority of its stock, declined in regular course of business or to have been to accept business which would produce a fund continuous, are not admissible as evidence that with which to pay interest that was due, and such payments were made.

Id. diverted its income to other and improper pur

poses, wbereby a default of the interest was Physical examination.

occasioned, is admissible in defense of a fore20. The measurement in the presence of closure instituted on behalf of such other corthe jury of a woman's foot and her leg 6 inches poration as owner of a majority of the mortabove the ankle, in a suit for injuries to the gage bonds. Farmers' Loan & T. Co. v. Nero foot and ankle, must be permitted by the court York & N. R. Co. (N. Y.)

76 when there is a direct conflict as to such meas. urements by the medical men called by the

30. A woman who authorizes her attorney to respective parties, -at least if the witness ber employ detectives to watch her husband, whom self does not object. Hall v. Manson (Iowa) she suspects of infidelity, for the purpose of

207

obtaining evidence which will entitle her to a Oral, as to writings.

divorce, and who goes with them at a time ap21. Parol evidence is inadmissible to ex- tion with a lewd woman employed by them for

pointed to surprise him in a compromising positend the effect of a written contract to abrogate that purpose, may be found to have known a prior agreement beyond the terms of such that the woman's movements were governed contract where it is complete and there is no by them, so as to show connivance on her part apparent ambiguity therein that requires an which will bar her right to divorce. Dennis explanation. Sandage v. Studebaker Bros. Mfg.

v. Dennis (Conn.)

449 Co. (Ind.)

363 22. Oral evidence that a landlord agreed

NOTES AND BRIEFS. to put the leased premises in safe condition before the contract was made, or that at the time

Evidence; presumption against the destroyer it was made he and his agent represented (spoliator) of evidence:-(I.) Where a party that they had been put in safe condition as fails to produce evidence after demand or nopromised, is admissible where the written con- tice by the party entitled to the production tract relates only to the obligations and under thereof; (II.) where a party fails to introduce takings imposed upon the tenant, and does not documentary (“the best”) evidence which in fact include all of tbese. Hines v. Willcox would properly be a part of the case: (a) the Tenn.)

824

rule stated; (b) the substituted evidence; (c) the

rule and evidence in admiralty; (III.) where (Miscellaneous. 23. A lawyer of another state who declares holds evidence to wbich the adversary is en

a party adversely interested destroys or withthat he is familiar with the law there may be titled: (a) the rule; (6) the proof; (c) the allowed to prove such law as to the requisites damages.

581 of a valid marriage. Jackson V. Jackson (Md.)

Of reputation of marriage.

774 773

437 24. The statute of limitations of the state in

Of mailing of paper. which a cause of action arose is not available Personal examination of injured party. 209 in an action in another state for the enforce- Of pedigree; declarations in course of busiment of such cause of action, unless it is ness; res gestæ.

384 offered in evidence. Eingartner v. Nlinois Steel Co. (Wis.)

503

EXCAVATION. See HIGHWAYS, 1, 2. 25. What a conductor said after allowing a passenger to get back on the car because he had become convinced that he had paid bis EXECUTION. See also ATTORNEYS. fare, altbough he had put the passenger off be

NOTES AND BRIEFS. cause he thought he had not paid the fare, is a part of the res gesta of the ejection. Robin-Execution; imprisonment on, see IMPRISONson v. Superior Rapid Transit R. Co. (Wis.) MENT FOR DEBT.

205
Against railroad.

565

a

EXECUTORS AND ADMINISTRA- circulars to a debtor threatening to advertise a TORS. See EVIDENCE, 8.

claim against him for sale, wbich is a threat to

injure his credit or reputation in violation of EXPLOSION. See also BLASTING; OIL; Mo. Rev. Stat. 1889, § 3782. State v. McCabe. TRIAL, 7, 8. (Mo.)

127 Time for repairs after notice of the FRIGHT. See also DAMAGES, S; PROXIupsafe condition of a locomotive boiler cannot

MATE CAUSE; STREET RAILWAYS, 4. be claimed by a railroad company, so as to excuse it from liability for injury to a person

NOTES AND BRIEFS. near the railroad, caused by an explosion of

See also STREET RAILWAYS. the boiler, if it could have avoided the explosion by discontinuing the use of the locomotive. Fright; action for damages caused by. 782 Louisville, N. A. & C. R. Co. v. Lynch (Ind.)

293 GARBAGE. See also CONSTITUTIONAL

Law, 19, 20.
NOTES AND BRIEFS.

1. An ordinance prohibiting the collection Explosion; liability for negligence in case of.

294

or transportation of garbage without a license

therefor is authorized by a charter giving EXPORTS. See Taxes, T.

power to regulate by ordinance the collection and removal of garbage, although it makes po

express provision for licenses. State v. Orr EX POST FACTO LAWS.

(Conn.)

279 NOTES AND BRIEFS.

2. The wrongful refusal to a person of a As to habitual criminals.

399

license for transportation of garbage does not

entitle him to pursue the business without a FENCES.

license in violation of an ordinance, but his remedy is by maudamus.

lu. Fences permanently affixed to land con

3. “Refuse matter" within the meaning of stitute a part of the realty for the purpose of an ordinance prohibiting the transportation jurisdiction of an action for damages to them. without a license of “such refuse matter as acBagley v. Columbus S. R. Co. (Ga.) 286

cumulates in the preparation of food for tbe

table” includes only what is abandoned as FINES.

worthless, but such materials as may be propNOTES AND BRIEFS.

erly utilized for other purposes when they do

not constitute a nuisance remain property Imprisonment for, as imprisonment for debt. which may be sold or otherwise disposed of at 651 the will of the owner.

Id. FIRES. See EVIDENCE, 28; TRIAL, 9, 10.

NOTES AND BRIEFS. FOOD. See also EVIDENCE, 14; LICENSE,

Garbage; validity of ordinance as to. 279 2, 3.

GAS. See EVIDENCE, 4; MINES, 1, 2, NOTES A person injured by eating unwhole- AND BRIEFS. some food at a public restaurant must, in order to recover damages from the person

GIFT. See also INCOMPETENT PERSONS, keeping the restaurant, establish carelessness

NOTES AND BRIEFS. or negligence on his part. Sheffer v.

Wil

One who is placed in possession of land loughby (Ill.)

464

by the owner in anticipation of a devise thereof

in his will, and who makes improvements FORFEITURE, See MINES, 2.

thereon, will be protected, after the owner has

become a lunatic, against dispossession by his FORMER JEOPARDY.

guardian. Potter v. Berry (N. J. Err. & App.) NOTES AND BRIEFS.

297 As to habitual criminals.

400 GOLD. See Bonds, 5. FRAUD AND FRAUDULENT CON- GOOD TIME. See CRIMINAL LAW, NOTES VEYANCES. See also ATTACHMENT;

AND BRIEFS.
Banks; CASE, 2, 3; CONSTITUTIONAL
LAW, 13; DESCENT AND DISTRIBUTION; GOODWILL. See PARTNERSHIP, 1.
STATUTES, 5, 18.
NOTES AND BRIEFS.

HABEAS CORPUS.
Fraud; in inducing marriage.

156

1. The question of error in an order consoli

dating indictments cannot be re-examined by Imprisonment for debt in case of. 642 writ of babeas corpus, as error in that respect

would not make the judgment and sentence FREE SPEECH.

void as without jurisdiction and authority. The constitutional guaranty of the right Howard v. United States (C. C. App. 6th Č.) to speak, write, or publish on any subject,

509 Hoes not extend to the sending of letters or 2. An omission in a copy of the mittimus See (Fla.)

Id.

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 oiherdoes not entitle the prisoner to his release on wise contracted. State v. Zichfeld (Nev.) 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 watermains 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 unlighted 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, all with the assent or concurrence of her husthough the crosswalk itself is not defective. band expressed in writing,” and $ 2350, au

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. McAnally 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

6. A statute excepting accommodation jury not different in kind, but only in degree, made by a married woman does not render in

indorsement from the contracts which may be from that suffered by the community in gen. eral, and will pot sustain a right of action for valid a renewal after marriage of such an in. damages. Dantzer v. Indianapolis U. R. Co. dorsement made before marriage. Harrisburg

769

Nat. Bank v. Bradshaw (Pa.) (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 pote given

before marriage, if she could have conferred Negligence as to crosswalk.

208

the power on him in the first instance." Ia. Lawful use of streets.

370

8. The facts that renewal Dotes are not

made until after the old ones are overdue, and HOMESTEAD.

tbat the old ones are not protested for nonpay. 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 share 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 they 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. Asso, v. Burch (S. C.)

806 Actions.

9. The sale of laudanum as a beverage to HOMICIDE. See also CRIMINAL LAW, 1. la married woman, knowing that it is destroyNOTES AND BRIEFS.

ing her mind and body and causing loss to her

husband, when continued after his repeated Homicide; time when deemed to be com warnings 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. Harvard (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 represen

1. A present agreement between competative in an action for her 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. Louiscille & N. R. Co. Hulett's Estate (Miod.) 384 v. McElrain (Ky.)

788 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 28, I obtained on a complaint by the guardian of an

161

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. Vohler v. Shank (Iowa)

161

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; (b) 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 (Conn.) 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 consented to the employ- cruelty; (III.) drunkenness as affecting deser. ment of a person to allure defendant into the tion.

449 offense for which the action is brought. Id. Enforcing payment of alimony as imprison14. Habitual intemperance, within the ment for debi.

665 meaning of a statute authorizing a divorce for such cause, is not shown by the facts that de. ILLEGITIMATE CHILDREN. See In. fendant 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 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 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 balf of which shall go to the Prine v. Prine (Fla.)

87 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

2. Tenn. Laws 1895, chap. 67, providing not allowed by Neb. Comp. Stat. 1895, chap.

that any person who fraudulently obtains ac25, $ 10, authorizing a petition or bill of di commodations at an ind, 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.

Id.

Constitutionality of imprisonment for debt: NOTES AND BRIEFS.

—(I.) General extent and construction of conSee also FRAUD.

stitucional provisions; (II.) what are debts:

(a) meaning of the word "debt;" (b) 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; (b) 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; (.) 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 (6) not debts in civil actions; (c) debts in crim. of wife.

804 ipal 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

court: ability of coverture:-- (1) Generally,-wife as

(a) in general; (b) in decedent's es. head of family; (II.) as to separate property tardy; (f) against officers of the court; (IX.)

tates; (c) in admiralty; (d) alimony; (e) ip bas. and 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. 229 owing to the United States.

Allowance to husband from property held by the wife in divorce cases:-(İ.) Permanent INCOMPETENT PERSONS. See also allowance; (II.) statutes; (III) alimony pen.

APPEAL AND ERROR, 12; GIFT; HUSBAND dente lite; (IV.) English cases.

110 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; (b) 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 jury man 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, the said juryman, E. O. as a juryman 2. An incompetent person executing a

and to cause him to hang the said deed of trust for the preservation of his prop jury.”

Id. erty need not fully appreciate all the technical

NOTES AND BRIEFS. intricacies of the transaction to make the deed binding. It is sutficient if he is not deceived or Iodictment; for bribery; sufficiency of. 178 misled by fear or favor. Neal v. Black (Pa.)

707

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 bis uncle and the attorney for members in pursuance of a resolution of the his 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 bim and bis 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.) erson for the protection of bis estate cappot 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 him 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 iion 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 him unlimited power as to conversion of io. ihe recovery of different instalments, comvestments, and does not require him to account menced in ihe court of another state for the to any body.

Id.

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 bas other legal defenses available Incompetent persons; renewal of obligations in the foreign jurisdiction. Sandage v. Studeby.

274
baker Bros. Mfg. Co. (Ind.)

363 Using lunatic's property to carry out his pre

4. A party to a contract is entitled to an sumed wishes or to fulfil bis equitable obliga injunction restraining the prosecution of sevtions in the absence of a legal autbority:-II.) eral actions for the recovery of different instalPower generally; (II.) in support of his fam ments 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 wbich both the parties

Id. related; (VII.) for charitable and religious and such assignee reside. purposes; (VIII.) to continue arrangements | INNKEEPERS. See IMPRISONMENT FOR made while sane.

297

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 cbattel 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 (Minn.) 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 the 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.

8th C.) 3. That the money offered was of value is

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 assigpees 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

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