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2. The sale of a dereased partner's interest | vocation of a prostitute. Pinkerton v. Ver. in partnership real estate is authorized by aberg (Mich.)

507 will giving power to settle, adjust, and compromise all debts owing by the testator, to makc FAMILY. See DEFINITIONS, 1; HOMEsettlements with his former partners, and to STEAD, 1. sell and convey any or all of his real estate in

NOTES AND BRIEFS. order to pay and satisfy debts against his es. tate. Valentine v. Wysor (Ind) 788 Family; defined.

747 3. An executor may convey his testator's interest in partnership real estate to his surviv- FEES. See DISTRICT ATTORNEYS. ing partner, in consideration of an agreement by the latter to pay partnership debts, where FENCES. See RAILROADS, 4. the will authorizes him to make settlements with testator's partners of all matters pertain- FIRE. See INSURANCE, 1; NEGLIGENCE, 5. ing to the partnership business, to adjust, settle, and compromise all debts, claims, and de

FISHERIES. See also NUISANCES, 10. mands against the estate, and in his discretion The taking of fish with nets in specified to sell and convey so much of the testator's real waters may be probibited by the Legislature, estate as should be deemed necessary to satisfy and the setting of nets for that purpose de his debts. ld. clared to be a public puisance. Lawlon v.

134 4. The general lien of a judgment creditor Steele (N. Y.) of a legatee upop lunds charged with the lega

NOTES AND BRIEF: cy, or upon the proceeds of a sale thereof, is subject to any equities that may exist in favor Fisheries; power of Legislature to regulate. of the estate against the legatee. Koons v.

134 Mellett (Ind.)

231 FIXTURES. 5. An incumbrance consisting of a 1. A mortgagee in possession may law. dor's lien, wbicb is expressly assumed by a fully take down or carry away buildings erected subsequent purchaser as part of the purchase with his own moneys, and which are lot so price, is as much bis personal debt as the re. connected with the soil that they cannot be re. mainder of the purchase money which is pay- moved without prejudice. Cook v. Cooper able directly 10 his immediate vendor; and in (Or.)

273 case of his death it is a charge primarily upon 2. A party in possession of premises who his personal estate, and not a burden on the is entitled to remove structures may exercise land in the bands of the heirs. O Conner v: the right without resort to equity. Id. O'Conner (Teun.)

33 6. In a proceeding to put heirs in posses. FOREIGN CORPORATIONS. See sion of an estate, an issue must be joined with CORPORATIONS, V. the administrator in possession, and proof be taken, and judgment rendered contradictorily, FORGERY. See BANKS AND BANKING, 3; recognizing their capacity. Re Lorenz (La.) ESTOPPEL, 7.

205
NOTES AND BRIEFS.

FREIGHT. See CASE.
Powers of; how far personal trusts.
Power to transfer bank stock.

827 1. A valid gift causa mortis is made where Incumbrances on estate; from what payable.

one contined to his bed by a sickness which soon proves fatal, and wbo is fully apprised of

the probable termination of the malady, inDebts to estate from legatee; distribution; structs a person to whom he has entrusted the collection of debts.

231 keys to a private box in a bank vault, which

box contains money, etc., to count therefrom EXTRADITION.

a certain amount in gold coin and bank bills. A person who has been brought within the and place it in a separate package labeled as jurisdiction of a court, from another State, the property of a certain third person, and to upon a requisition, as a fugitive from justice, deliver it to him, together with a package aland has been tried for or discharged as to the ready so labeled, in the event of ihe dovor's offense charged against him, is not subject to death, and upon being informed that the packariest on a civil process until a reasonable time ages are prepared replies approvingly, and and opportunity have been given him to return never again takes possession of the keys, alto the State from wbich he was taken. Mole- though the money is permitted to remain in tor v. Sinnen (Wis.)

817

the donor's box until his death, and although

the donee never constitutes the depositary his NOTES AND BRIEFS. trustee, or even knows of the intended gift or

439

of the delivery. Devol v. Dye (Ind.) Extradition; prisoner cannot he prosecuted for another offense if once discharged. 817

2. A promissory note will pass by deliv

ery without indorsement as a gift inter citos. FALSE IMPRISONMENT.

Hopkins v. Manchester (R. I.)

387

NOTES AND BRIEFS. An officer is liable for assault and illegal arrest, for arresting a woman without war- Gift of promissory note.

888 Tant, on mere suspicion that she is plying the Causa mortis.

877 | GIFT.

33

439

GRANT.

HOLIDAYS.
NOTES AND BRIEFS.

The approval, on a legal holiday, of the By the public; construction of.

241

bond of an assignee for cieditors by a court

commissioner, even if it is a judicial act, is GUARANTY.

not prohibited by a statute declaring that ''no

court shall be opened or transact any business NOTES AND BRIEF:.

on any legal holiday,” except to inLetters of credit.

209 struct or discharge a jury, or receive a verdict

and render judgment thereon. Spaulding v. HABITUAL DRUNKARDS. See OF

Bernhard (Wis.)

423 FICERS, 4.

NOTES AND BRIEFS.

Holidays; approval of bond upon; validity. HACKMEN.

423, 424 An unlicensed hack driver specially ordered for a steamboat passenger is not a tres- HOMESTEAD. passer in going upon a wharf used by the steam- 1. A brother who lives with a sister in a boat company to receive the passenger, al. house belonging to her, where they live tothough the rules of the wharf forbid any but gether as one family, she being dependent private carriages, or backney ca es which

upon him for means of living, is tbe bead of a are licensed, to stand upon the wharf. Gris family, within the mcaning of the South Carowold v. Webb (R. I.)

302 lina homestead laws. Moyer v. Drummond (S. C.)

747 HARBOR. See EMINENT DOMAIN, 7.

2. A bomestead exemption is allowable in DAWKERS. See PEDDLERS, NOTES AND partnership property, under the South Carolina BRIEFS. Constitution as amended in 1880.

Id.

HUSBAND AND WIFE. See also ConHIGHWAYS. See also NEGLIGENCE, 6; RAILROADS, 3; STATUTES, 11; STREET

FLICT OF LAWS, 1-3; DAMAGES, 8; EviRAILWAYS.

DENCE, 3, 18, 37; INDIANS, 1. 1. An abutting owner has an easement in a duct of the parties, where the babit and repute

1. Marriage may be proved by the constreet dedicated to the public when bis lot was purchased, bis right to which cannot be taken to show that the marriage status has been asaway, even by the Legislature, without com the connection of the parties was in iis begin.

sumed is all uniform and undivided, although pensation; a sale cannot be made of all of it ex

White v. White (Cal.) ning illicit.

799 cept an alley, for the benefit

of the town, even if it owns the fee. Moose v. Carson (N. C.) 548 2. A marriage between a man and his 2. Power given to a railroad company by though they never had any marriage ceremony

housekeeper was held to be established, althe Legislature to construct and operate its road in the streets of a town or city is altogether performed, and illicit intercourse began between

them within one week after she came into his independent of the municipality. Millvale v. Ecergreen R. Co. (Pa.)

369

house, without any promise of marriage; and

for several years thereafter and until their re3. One who has signed an agreement pro-moval to another place she was not regarded in vided for in an Act authorizing street improve the community as bis wife, where several cbilments, that in consideration of the right to pay drep were born to them, and after their rehis assessment in installments he will not ques. moval she was treated by bim in all respects as tion its validity, cannot attack the provision of his wife, and so introduced by bim to the peothe Act prohibiting the questioning of the as- ple of the community, and so regarded and sessment by one in such position. Quill v: treated by all their acquaintances in the limited Indianapolis (Iod.)

681 circle in which they moved. White v. White 4. To stand in a public street at night, en. (Tal.)

799 gaged in conversation, heedless of horses and

3. By the settled policy of the State of vehicles that are passing, is such negligence as Georgia, marriage relations between wbile perwill prevent recovery for injuries resulting sons and persons of African descent are forever from being thrown down by a wagon the driver probibited, and by the statutes of the State of which did not see the person injured, al. such marriages are declared null and void. though the driver also was negligent. Evans State v. Tutty (C. C. S. D. Ga.)

50 V. Adams Exp. Co. (Iod.)

678

4. Marriage is more tban a contract. It 5. Where the united and contemporaneous is an institution which is the foundation of the degligence of two persons causes a collision in family and of society; the rights and qualificaa public street, neither can recover from the tions of the parties thereto depend upon the other for a resulting injury.

Id.

legislation of the State as controlled, for the NOTES AND BRIEFS.

benefit of the entire community, by principles of public policy.

Id. Ownership of fee in streets; rights of abut.

5. A married woman is personally liable ting owners.

548

for her civil toris, including such frauds as do Laying out across railroad.

121 Dot grow out of, or are not directly connected Construction of railroads in streets. 369 with, or a part of, a contract wbich she bas un.

Negligence for footman to stop in carriage. dertaken to make. Prentiss v. Paisley (Fla.) 640 way.

678 6. Wherever coverture avoids & contract wbich a wife has attempted to make, it likewise Divorce; proof of marriage; cohabitation and bars a personal recovery against the wife on reputation.

800 the ground of fraud connected therewith; Divorce; a vinculo after decree a mensa et and the bar cannot be overcome by suing her thoro.

448 in an action ex delicto. Prentiss v. Paisley (Fla.)

640 IMPROVEMENTS. 7. The marital relation does not of itself

An equitable claim for unauthorized im. disqualify the busband from acting as the agent provements by part owners of land held in' of bis wife with reference to her separate es. common may be allowed to them on a sale for tate.

Id.

purpose of partition, as well as in any case of 8. The existence of a marriage contract actual division. Moore v. Thorp (R. I.) 731 between husband and wife, giving ber the right to control and manage her separate estate and

NOTES AND BRIEFS. property the same as if she bad remained unmarried, does not make ber capable, at common

Improvements; allowance for, on partition.

731 law, of binding herself by a contract. Id.

9. A married woman's right to carry on INCOMPETENT PERSONS. See Inbusiness on ber own account does not prevent SANE PERSONS, NOTES AND BRIEFS. her from giving her services to her husband in carrying on his business, or prevent him, in INDIANS. that case, from recovering the value of such

1. An Indian tribe within the State, recservices, in an action for personal injuries sustained by her. Citizens Street R. Co. v. Troi ognized as such by the United States govern

ment, is to be considered as a separate comname (Ind.)

352

munity or people, capable of managing its own 10. The power of a married woman to sell affairs, including the domestic relations; and and transfer any of the loans of the Common those persons belonging to the tribe, wbo are wealth of Pennsylvania, or of the city of Phil. recognized by the customs and laws of the adelphia, with like effect as if she were upmar- tribe as married persons, must be so treated by ried, under the Pennsylvania Act of March 18, the courts; and the children of such marriages 1875, extends to foreign or nonresident married cannot be regarded as illegitimate. Earl v. women owning such securities. Farmers & M. Wilson (Minn.)

125 Nat. Bank v. Lofiu8 (Pa.)

313

2. An Indian is not incapable of giving a 11. A married woman is not empowered to valid promissory note by the fact that he bebind herself by a judgment pote, by the provi-longs to a band which is governed by ancient sions of the Pennsylvania Married Person's Indian customs and retains a tribal organizaProperty Act of June 3, 1887 (Pa. Pub. Laws, tion, uvless it grows out of some contract pro332); at least if it is not given in the manage bibited by law. Ke-tuc-e-mun-guah v. McClure ment, or for the benefit of, her separate estate, (Ind.)

782 or in the prosecution of any business in which

3. The fact that the lands of a defendant, she is engaged, or for necessaries. Roop v. Real who is an Indian, are not liable to levy and Estate Invest. Co. (Pa.)

211

sale under a judgment, is no ground for refus12. The words “physically and incurably ing a judgment against him.

ld. incapacitated from entering into the marriage

NOTES AND BRIEFS. state,” in Ala. Code 1886, § 2322, stating a cause of divorce, mean impotency to consum- Indians; in tribal relation not citizens of mate the marriage. Anonymous (Ala.) 425 State.

125 13. Cruelty, wbich is a statutory ground of divorce, may be set up by a plea of recrimina INDICTMENT,INFORMATION, AND tion as a bar to a bill for divorce on the ground of

COMPLAINT. adultery. Church v. Church (R. I.) 385 An information charging that defendants

14. A decree a mensa et thoro, under Mind. 'did willfully, maliciously, and unlawfully Gen. Stat. 1878, chap. 62, § 30 et seq., does not interrupt, molest, and disturb a religious meet. bar an action for a divorce a vinculo matrimonii ivg ” and its members, sufficiently describes upon any of the grounds specified by statute the manner of disturbance, under Neb. Crim. Evans v. Erans (Minn.)

448 Code, $ 32. Jones v. State (Neb.) 325 NOTES AND BRIEF8.

INFANTS.' See also CONFLICT OF LAWB.

The court of chancery in Maryland bad Presumption of marriage; customs of Indian no jurisdiction in 1859 to order the sale of city tribes.

125

real estate for the payment of taxes and street

assessments, upon the joint petition of the life Proof of marriage, sufficiency of. 799

tenant and the infant remainderman suing by Wife's capacity to contract; agency of hus- next friend, but for whom no guardian was band; liability for torts.

640 appointed, and who was not made defendant or Married woman's power of attorney.

314 summoned to answer the bill, although it was Validity of bond of married woman. 211

alleged that "it would be for the interest and

advantage of all parties concerned.” Roche v. Personal decree against married woman; bus. Waters (Md.)

533 band as agent.

642 Right to recover for injuries to wife. 613

NOTES AND BRIEFS, Curtesy in reversion or remainder.

693 Infants; sale of lands by court. 534

005

459

210

INSANE PERSONS. See also INSUR1. A mortgagee will bave the security of his

ANCE, 12. lien protected by injunction. Betz v. Verner The undeclared lupacy of a grantor does not (N. J.)

630 impair the title of a bona fide purchaser for
2. An injunction may be granted to pre- value and without notice from the grantee of
vent drawing down the water of a pond below the iunatic. Odom v. Riddick (N. C.) 118
its natural low-water line, where defendants
avow an intention to do so whenever, in times

NOTES AND BRIEFS.
of drought, the water is needed, and have al-
ready lowered it to some extent, although the

Insanity; how far a disease.
damages have thus far been nominal only.
Fernald v. Knox Woolen Co. (Me.)

Incompetent persons; contract by; power 3. Pollution of the waters, and injury to

of ratification.

305 the flow of the current, of a creek by discharg.

Validity of deed executed by lunatic; seting into it the manure and offal from extensive ting aside of contract of lunatic.

118 cattle-feeding barps, in such manner and degree as to injure the stream for husbandry, and INSOLVENCY AND ASSIGNMENT destroy it for watering livestock on adjacent

FOR CREDITORS. See also SETpremises, will be restrained by injunction, al- OFF AND COUNTERCLAIM, 4. ihough the complainant might be able to supply water for his cattle from an independent 1. A trustee of an insolvent, as a general source at a comparatively small cost. Barton rule, takes the estate subject to all outstanding v. Union Cattle Co. (Neb.)

457 equities. Meruin v. Austin (Cond.) 84 4. An injunction may be granted to pre- 2. Where an executor and trustee under a vent a sale of land under a deed of trust, in will renders a final account and charges bimorder to prevent a cloud being cast thereby on self with a certain amount as retained by him the title, which has been obtained by adverse to pay annuities, and never sets this sum possession. Gardner v. Terry (Mo.) 67 apart, but uses it in his business, together with

5. The negative enforcement of a contract bis own money, and afterwards makes an asfor personal services by an injunction will not signment for benefit of creditors, the annui. be made where the services are not purely intel. tants cannot impress the fuods in the hands of lectual, peculiar, or individual in their charac. the assignee with a trust for the payment of ter. William Rogers Mfg. Co. v. Rogers (Conn.) their annuities. Little v. Chadwick (Mass.) 779

570 6. A contract for the employment of a per

3. The trust will attach to money held by son for such services as shall be devolved upon person in trust to raise annuities so long as the him by the general manager of the business, money can be identified or traced, but no including such duties as traveling or acting as longer; and in case the trustee bas so mixed secretary or other officer of the company, if re- the trust funds with his own that they cannot quired of him, does not show that his services be traced, and then becomes bankrupt, the cesare so peculiar or individual tbat they cannot lui que trust can only come in and share with be performed by any person of ordinary intel- the general creditors.

Id. ligence and fair learning, so as to authorize an 4. The delivery by an assignor for benefit injunction in aid of the specific performance of creditors to his assignee of the deed of asof the contract.

Id. signment and of the key to his storehouse, and 7. An agreement by an employé not to al tbe failure of the assignor to go near, or exerlow his name to be used in any business simi- cise any control over, the assigned goods therelar to that of his employer will not, if tbe lat- after, is a delivery of the possession thereof, ter does not own the name as a trademark, within the meaning of that term as used in authorize an injunction against his engaging Mansf. (Ark.) Dig. Š 305. Gilkeson-Sloss Com. with bis employer's competitor, and allowing mission Co. v. London (Ark.)

403 him the use of his name, at least if it is not 5. Delivery of possession to an assignce for shown that the employer uses, or is entitled to creditors before he bas filed an inventory and use, such name, or that the use of it by rivals executed a bond will avoid the assigoient, would do bim some special injury. 1d. although made in accordance with a parol

8. Although equity will not ordinarily at- agreement between the parties, entered into tempt to enforce contracts wbich cannot be car- contemporaneously with the execution of the ried out by the machinery of a court, it may deed of assignment, which is valid on its face, nevertheless practically accomplish the same that it was for the purpose of enabling the asend by enjoining the breach of a negative signee to prepare an inventory.

lu promise; and this will be done whenever the contract is one of which the court would de

NOTES AND BRIEFS. cree specific performance if by such decree its observance by the party refusing to perform Insolvency; Arkansas statute as to assigncould be practically enforced. Metropolitan ments.

403 Exhibition Co. v. Ercing (C. C. 8. D. N. Y.)

Rights of trustees; jurisdiction conferred by.

85 NOTEB AND BRIEF8.

Assignment for creditors; title of assignee. Injunction; to restrain illegal appropriation.

1801

7 L. R. A.

a

381

to

INSURANCE.

7. The signature of an applicant for life in. I. FIRE,

surance, written at the beginning of the paper II. LIFE.

containing his medical examination, is for pur.

poses of identification, rather than for the pur. III. MARINE.

pose of binding him for the truth of the conNOTES AND BRIEFS. ients of the paper.

Id, I. FIRE.

8. While an applicant for life insurance is

not bound to exercise supervision over the 1. Failure to furnish proof of loss within writing down of his answers by the medical the time required is waived where the insured, examiner, yet if he knows that his answers after attempting to do everything necessary, is have been incorrectly written down, it becomes lulled into security by the acts of the company his duty to see that proper corrections are or ils agent, and is led to believe they are pre. made, and if be fails to do so he will be paring to adjust his loss. Renton Ins. Co. v. estopped from disputing them as written, Wigginton (Ky.) 81 even although recovery upon the policy is

Id. 2. The owner of an undivided fourth of thereby defeated. land, who is merely a life tenant of the rest, t 9. The desiguation of a person as beneficiary wbich bis claim of ownership in fee is tben in in a life insurance policy, who bas no insuralitigation, does not, by stating that he is the ble interest in the life of the person taking out unconditional owner of the land, make a ma. the policy, does not render it void; but such terial misrepresentation which will avoid a person may be treated as an assignee, appointee, policy providing that the application must dis- or trustee to receive the proceeds for whoever close the true character of the title and the may be lawfully entitled to enjoy them. Id. fact of any litigation concerning it, where the 10. One has an insurable interest in the life building insured was remodeled from a worth of his brother.

Id, less one at his own expense, and he would

11. There is no special reason for limiting the therefore, in partition, be entitled to it without amount for wbich a policy may be taken out, estimating its value, and to the ground on which when the insurance obtained by a person on it stood; and where it is provided by statute his own life and made payable originally or by that neither misrepresentations nor warranties assignment to another having no, or only, a shall affect the right to recover unless material limited, insurable interest in his life. Id. to the risk, or fraudulent.

Id.

12. The insanity of a member of a benefit 3. The mere expression of his opinion as society brings bim within the provisions of iis to value of property insured, in the absence of rule that every member who, through sickness bad faith, cannot defeat the right of a person or other disability, is unable to follow bis usual ipsured to recover on his policy.

Id. business or some other occupation whereby lie 4. An entry by a landlord to rebuild a may earn a livelihood for bimself and family, burped building, under an agreement with the shall be eutitled to certain benefits. McCullough tenant that the latter shall continue to pay rent v. Expressmens Mut. Ben. A880. (Pa.) 210 during the time of the rebuilding, in considera- 13. An insurance company is not prevented tion of the landlord's promise to grant a new from setting up the suicide of an insured per. lease of the improved property on more favor. son as a defense to its liability on the policy able terms, will relieve an insurance company insuring his life, by a statute providing that of its contract to indemnify the tenant for any "all companies, after having received three loss accruing to him by reason of baving to pay annual premiums on any policy, . . . are rent for the insured building during such time estopped from defending on any other ground as it should be untenantable by reason of fire. iban fraud, against any clim arising on such Royal Ins. Co. v. Heller (Pa.)

411 policy by reason of any errors, omissions, or 5. An insurance company's letter stating missiatements of the assured in any application that it could not, by reason of the landlord made by such assured on which the policy was entering for the purpose of rebuilding, be dis-issued, except as to age.” Starck v. Union C. charged from liability on a policy insuring a L. Ins. Co. (Pa.)

576 tenant against liability for rent in case ibe leased buildings are burned, and that such the life of another bas an interest to the extent

14. A purchaser or assignee of insurance on defense would not be raised, will not estop the of the purchase or other money invested by company from asserting its discharge from bim, including advancements in the nature of further liability by reason of an entry by the dues, assessments, and premiums to preserve landlord under an agreemunt with the tenant to and keep the insurance in force, with lawfui continue the payment of the rent.

Id.
interest thereon. Schonfield v. Turner (Tex.)

189 II. LIFE.

15. A divorced wife cannot share in the pro6. A warranty by an applicant for a life in ceeds of a mutual benefit certificate on the bussurance, that his answers to the society's med band's life, which is payable by law to his heirs. ical examiner are true, does not make him

Id. responsible for the truth of such answers as 16. Failure of a person insured to pay pre reported to the company; and if, by being mium becoming due before bis deaib, under a incorrectly wriiten down by such examiner polivy which required proof of death “during witbout the applicant's knowledge, they arcibe life of the policy," where po potice that the untrue as reported to the company, the policy premium is due bas been sent him, does not will not be avoided thereby. Equitable 1. destroy the validity of the policy, under the Assur. Soc. v. Hazlewood (Tex.)

217 | New York Laws of 1877, chap. 321, which re

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