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Stockholders.

(DOMESTIC RELATIONS. FIDUCIARIES OR REPRESENTATIVES. TORTS; NEGLIGENCE; INJURIES.) Receivers are denied any right of action to enforce liability of stockholders for debts of the corporation on the ground that the fund is not assets of the company. (Md.) 617.

A transfer of shares of stock in good faith is held sufficient to relieve the stockholders from liability as such, unless prevented by the statutes or the by-laws of the company. (N. Y.) 246.

A right of action by a foreign receiver against a stockholder in a foreign corporation is sustained on the ground that the liability is contractual. (N. Y.) 725.

The right of a stockholder to inspect the books of the corporation is sustained on condition that it is made for the interests of the corporation. (Wash.) 208.

IV. DOMESTIC RELATIONS.

A married woman authorized by a court to buy and convey property as a feme sole is held to have no power to convey realty in another state, to which she removes, without the joinder of her husband in the deed, where such joinder is necessary by the laws of that state on a conveyance of property by a married woman. (Fla.) 08.

Contract to marry.

A contract to marry is held not to be within the statute of frauds. (Md.) 384.

Breach of promise of marriage.

A man is held to be justified in breaking a contract of marriage when, after it was made, he developed a grave malady which would make his marriage dangerous to his life or health. (Va.) 581.

Divorce.

Mere payment of an allowance to a wife under an order of court is held insufficient to prevent a divorce for aesertion with entire neglect of duty. (Conn.) 750.

A divorce granted on substituted service of process in another state where complainant is domiciled is held entitled to recognition by interstate comity, where actual no

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A mother given by divorce decree the care and custody of a child, while no provision is made for its support, is held to have no right of action for injuries to the child, as the duty of supporting it still rests on the husband. (Mo.) 391.

A girl seventeen years of age is released from a convent by habeas corpus, notwithstanding that she was received there on the supposition that her parents had consented, and is not restrained of her liberty, but remains there by choice, since a minor has no right to choose any other domicil than that of her parents. (La.) 656. As to infant's contract, see supra, II.

V. FIDUCIARIES OR REPRESENTATIVES.

The withholding of commissions from an executor on account of his failure to give proper care to the estate is held to be within the discretion of the surrogate, notwithstanding a statute saying that he "must allow" certain commissions on settlement of an executor's account. (N. Y.) 721.

An attorney employed by an association to procure the discharge of receivers is held to be precluded from recovering for his services

Nuisance.

in the matter, when he has at the same time been engaged and paid by one of the receivers, who was adversely interested. (Ill.) 792.

A subagent intrusted with the collection of a debt is held to have no right to apply the funds collected to the payment of a claim held by him against the principal agent, or in any way divert the funds from speedy transmission to the real owner. (Minn.) 529.

VI. TORTS; NEGLIGENCE; INJURIES.

No notice or request to remove a building encroaching on a street is held necessary before action to abate it as a nuisance, brought against the person who erected it with constructive notice of the street boundary, although such person was only a lessee of the premises, and acted in good faith, believing the building was entirely on private ground. (Ind.) 487.

Notice to the original wrongdoer is held not to be necessary to create a liability for the injury caused by a structure made by him, although the owner of the property

injured acquired it after the structure was made. (Md.) 127.

Libel.

The privilege, if any, in writing a letter to a debtor, complaining of the nonpayment of the debt by a third person through a bank, is held not to extend to the imputation of evil motives and dishonesty. (Mo.) 859.

Exceeding the privilege of a communication is held not to defeat the privilege, but to be material only as bearing on the ques(Iowa) 483. tion of malice. See also infra, IX.

(TORTS; NEGLIGENCE; INJURIES.)

Trespass by animals. Under a statute requiring premises to be inclosed with a lawful fence in order to entitle the owner to recover for trespass by animals thereon, it is held that an owner of animals is liable for the trespass of his animals on unfenced lands if they were there, not merely by reason of his negligence, but because he turned them thereon. (Va.) 588.

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Negligence.

The rule that one whose negligence in conjunction with some other cause, both operating proximately, and either of which was sufficient to cause injury, is responsible for the damage, is applied to a defective railing on a bridge, which was broken by a team when frightened by lightning. (Iowa) 480. A person who resists a gateman's efforts to save him by removing him from a dangerous position near a railroad track as a train approaches is denied a right of action against the railroad company for being thrown down in the tussel, and having his leg cut off by

the train. (Pa.) 788.

Starting a back fire to protect one's property from a prairie fire is held not to be negligence, if done with proper care, and not to be the proximate cause of loss which would in any event have resulted from the original fire. (N. D.) 646.

Contributory negligence is held to be no defense to a cause of action under a statute which imposes an absolute liability, as one charging railroad companies with liability for fires. (Me.) 82.

Fright.

A right of action for physical injury resulting from mere fright is again upheld where a wrongful act or omission was deemed the proximate cause of the injury, and the injury ought to have been foreseen. (Tex.)

325.

But in another case the rule that no re

covery can be had for fright is held to apply, although the negligence was gross and the party in fault ought to have known that the result would follow. (Mass.) 323.

Negligence of carrier. The theft of diamond rings from the finger of a woman while asleep in a sleeping car is held to give a right of action against the sleeping-car company, if it resulted from the failure to use proper care in guarding her and her property. (Ky.) 286.

The shooting of a passenger during a quar rel with other passengers which grew out of a game of cards is held to create no right of action against the carrier, in the absence of evidence that the injury could have been prevented after knowledge of the danger, although the game was allowed in violation of the rules. (Md.) 120.

Injury to servant.

The completed part of a tunnel through which men go to continue the work is held to be an appliance, means, or place which the master must make safe, so that the servant does not assume the risks of its caving in. (Cal.) 597.

A person who enters the employ of another is held to assume all the risks usually incident to the employment, including those which it is a part of his duty to take know]edge of by observation. This applies to the use of a machine from which a bolt is missing, and the defect in which is obvious. (N. J.) 147.

The maxim Volenti non fit injuria is held applicable to a case of injury to a servant wheeling coal on a runway not protected by guards, although a statute makes the employer liable for injuries from defects in the ways, works, or machinery. (Mass.) 161. in riding colts is held chargeable with the A boy who has had two years' experience risk of the sufficiency of a stirrup strap, when, after complaining of its insufficiency and seeing it tested and being told that it is sufficient, he becomes satisfied that it is so, and proceeds to use it. (Mass.) 107. tion of a tunnel is held, under the law of The use of compressed air in the construcCanada, not to create a liability as absolute insurer of the machinery, appliances, and system adopted, but the employer's duty in this respect is held to be satisfied by employing competent superintendents and workmen, and authorizing them to procure all machinery and necessary appliances. (Mich.) 112.

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Injury on highway.

to stakes in the ground, is held to be a nui-
A white cloth hay-cap, tied at the corners
frightening a horse, when it is maintained in
which will create a liability for
a highway at such a place as to be likely to
frighten horses that are ordinarily gentle.
(Me.) 752.

Bicycles are held not to be within the meaning of an ordinance giving vehicles a right of way upon street railway tracks in the direction in which the cars usually run over vehicles running in the opposite direction, and, in an open, unobstructed highway it is held that the driver of a cart need not turn out to one side in order to give the right of way to a bicyclist. (Pa.) 289.

(PROPERTY RIGHTS; LIENS; TRUSTS. CIVIL REMEDIES.)

VII. PROPERTY RIGHTS; LIENS; TEUSTS.

Deeds. The destruction of an unrecorded deed, and a new conveyance at the grantee's request, by the grantor, to a third person, is held to convey an equitable interest, and not a legal interest. (N. D.) 637.

Redemption from mortgage.

The balance of a mortgage debt when the land is sold for less is held not to be a "lawful charge" which must be included in the amount to be paid on redemption, where the statute provides for paying the purchase price and all "lawful charges." (Fla.) 742.

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A reservation in a deed of land on one side of a river of a right to build a dam against Damage by eminent domain. it, with the accompanying right of flowage. The meaning of the word "damaged" in a and also of an acre of land near the end of the dam, although containing no words of constitutional provision requiring inheritance, is held to give the grantor ease-pensation for property damaged for public uses is discussed at length in a case which denies that the depreciation in the value of property by noise, smoke, and cinders caused by a railroad constitutes such damage. (Ga.) 755.

ments appurtenant to, and not in gross, and a fee simple in the land, instead of a mere license. (N. H.) 226.

Mines.

A lessee of an undivided interest in a mine is held entitled to maintain an action for damages against the owner of the remaining interest, who excludes him from the mine. (Nev.) 540.

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Liens.

A mechanic's lien on the buildings of a state university is denied on the ground that the property is public. (Va.) 284.

The enrichment of the soil and beautifying of ground, including; the construction of a rustic bridge of little importance, are held insufficient to give a mechanic's lien under a statute authorizing it for a house, fixtures, machinery, "or improvements made" on land. (Tenn.) 273.

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VIII. CIVIL REMEDIES.

Judgment against a solvent garnishee, although not collected, is held to be a satisfaction of the claim for the amount thereof against the original debtor, who cannot be compelled to take the judgment instead of having credit therefor on his own claim. (Iowa) 131.

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(Or.)

he should have no passway over the land con. veyed is held admissible to rebut the implied reservation of an easement of necessity. (Ky.) 79.

Photographs calculated to arouse sympathy or indignation of the jury should be excluded when not substantially necessary or instructive to show material facts or conditions. (Wis.) 691.

An application to have plaintiff required to submit to have his neck photographed by the use of the X-rays is denied during the progress of the trial, on the ground that the application is not made in time, and also because it is not shown that the person by whom it is proposed to have the photograph taken has the necessary skill or experience to apply the rays without injury to the person. (Minn.) 141.

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(CRIMINAL LAW AND PRACTICE.)

Presumption. The court refuses to presume that the law merchant as to the protest of a draft prevails in Asiatic Turkey. (Mass.)

Action for conspiracy.

495.

An action on the case for conspiracy is held not maintainable by a general creditor against those who combine to remove the debtor's property beyond the reach of his claim. (Wis.) 433.

Recovering money paid. The right to recover back money paid on an assessment for a street improvement, on the ground that the improvement was not completed and the property assessed was not benefited, is denied where it does not appear that all the money collected on the assessment was not honestly expended on the work of the improvement that was done. (Minn.)

537.

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Attack on probate.

The probate of a will is held not subject to collateral attack years afterwards by a proceeding to annul it, merely because one of the two witnesses was disqualified by reason of interest. (III.) 798.

Pendency of other suit.

The pendency of proceedings in admiralty for limitation of liability of shipowners, and an injunction against further proceedings in the state court in an action for damages against them with other defendants as joint tortfeasors, are held no bar to further prosecution of the action against the remaining defendants. (Cal.) 467.

Limitation in contract.

A contract limitaton of the time for bringing an action on an insurance policy is held not to be subject to a provision of the general statute of limitations to the effect that a new suit brought after the failure of a previous one shall be deemed a continuation thereof. (Iowa) 709.

Laches.

Eight years' unexplained delay in prosecuting suits for taxes, when the statute would have barred the taxes except for the suits, is held to defeat the lien for the taxes. (Tenn.) 275.

IX. CRIMINAL LAW AND PRACTICE.

Bail pending appeal is allowed in extraordinary circumstances on account of the danger to the health of the prisoner. (Cal.) 466. Attempt.

representations were made and the prosecu tion had. (Ill.) 731.

Libel.

Extradition.

The privilege to publish charges against a The necessity of something more than mere candidate for the office of judge is held to be preparation to constitute an attempt to com- limited to publications within the judicial dismit a crime is emphasized by holding no at-trict for which he is to be elected. (Iowa) 223. tempt was made where one had provided him- See also supra, VI. self with revolver and slippers, and had gone 9 miles towards the place where he intended to break and enter a dwelling house, and then met a confederate, loaded his revolver, and procured chloroform, but was prevented from committing the crime by being arrested. (Mich.) 108.

Confidence game.

On an indictment for attempting to obtain money by a confidence game by selling a gold brick, it is held that no conviction can be had where the proof is that the money was actually obtained, although it was obtained in a different county from that where the

A person who comes into a state at the request of another and in pursuance of the latter's business is held not to be a fugitive from justice subject to surrender, in extradition proceedings at the instance of the em ployer. (S. D.) 566.

Fish laws.

A statute making it unlawful to sell, or have in possession for sale, any trout, is upheld as valid, and construed to cover the possession of trout lawfully caught in another state. (Or.) 153.

Action. See FRAUD.

INDEX TO NOTES.

(The General Index follows this.)

Annuities; form of instrument necessary

to create
Appeal: inadequacy of damages as a
ground for setting aside a verdict:-
(I.) Power and duty of the court as
to; (II.) rule in contract actions;
(III) rule in actions with relation to
property and property rights; (IV.)
rule in actions for personal injuries:
(a) generally; (b) actions for libel
and slander; (c) actions for malicious
prosecution and false imprisonment;
(d) actions for assault and battery
and other torts; (e) actions for per-
sonal injuries caused by negligence:
(1) general rules as to; (2) what suffi-
cient to show bias or omission of duty
-instances; (f) statutory provisions
as to smallness of damages for person-
al injury; (V.) effect of uncertainty as
to cause of injury; (VI.) who entitled
to relief; (VII.) matters of procedure;
(VIII.) increase of verdict by court
Arrest; liability of municipality for, see
MUNICIPAL CORPORATIONS.

Attachment. See GARNISHMENT.

Bailment; of bicycle

See INSURANCE.

Benefit societies.
Bicycles; bicycle law:-(I.) Introduc-
tory; (II.) right of bicyclists to use
highways, generally; (III.) validity of
enactments restricting the use of high-
ways by cyclists; (IV.) reciprocal du-
ties of cyclists and other persons trav-
eling on highways: (a) duty of cyclists
to pedestrians; (b) bicyclists entitled
to benefits and subject to burdens of
the rules of the road; (V.) liability for
frightening horses; (VI.) duty of cy-
clists to carry bells and lamps; (VII.)
use of footpath by cyclists: (a) under
the common law; (b) under statutes
and ordinances; (VIII.) right of cy-
clists to recover for injuries caused by
defective highways; (IX.) special en-
actments for the protection and con-
venience of cyclists; (X.) injuries to
cyclists at railway crossings; (XI.) in-
juries to cyclists caused by street cars;
(XII.) injuries to bicycles left stand-
ing in streets; (XIII.) payment of
tolls, liability of cycles to; (XIV.)
cycles as a subject of taxation by
municipalities; (XV.) bicycles as a
subject of contracts of sale or lease;
(XVI.) the bicycle as a subject of bail-
ment; (XVII.) the bicycle as a subject
of insurance; (XVIII.) when a bicycle
is a necessary for a minor

614

38

303

289

By-laws; of insurance company, see IN-

SURANCE.

Corporations; effect of transfer of shares

of stock upon liability for unpaid sub-
scriptions:- (I.) Introductory; (II.)
statutes continuing liability; (III.)
transfer prohibited; (IV.) generally
transfer releases subscriber: (a) un-
der statutory provisions; (b) corpora-
tion scheme contemplates release: (c)
transfer must be perfected; (d) trans-
fer must be bona fide; (e) after insol-
vency of corporation; (V.) transfer to
or release by corporation; (VI.) right
of creditors; (VII.) time of transfer
Damages. See also APPEAL.

Pollution of water as an element of dam-
ages for taking railroad right of way
Eminent domain. See DAMAGES.
Executors; garnishment of, see GARNISH-

MENT.

False imprisonment; liability of muni-
cipality for, see MUNICIPAL CORPORA-

TIONS.

Franchise; right to transfer or mortgage
privilege to use streets for telegraph,
telephone, or other quasi-public pur-
poses

Fraud; action by general creditor for dam-
ages against third party on account of
fraud in disposing of debtor's property
or preventing plaintiff from collecting
his claim
Garnishment; effect of judgment against
garnishee to merge or satisfy liability
of principal debtor

Of

executor or administrator :-(I.)
Scope of the subject; (II.) application
of statutes to executors and adminis-
trators: (a) general statement as to;
(b) application to claims against es-
tates generally; (c) rule after estate is
ready for distribution; (d) general
statutes as to attachment and garnish-
ment; (e) statutes specifically appli-
cable to executors and administrators;
(f) statutes as to attachment execu-
tion; (g) statutes as to foreign attach-
ment; (h) statutes as to attachment
of absent, concealed, and absconding
debtors; (i) statute as to attachment
of property not capable of manual de-
livery; (III.) interest and possession
necessary to sustain; (IV.) garnish-
ment of husband's interest in wife's
legacy or distributive share; (V.) rule
when the representative is the debt-
or; (VI.) effect of trust conferred upon
representative; (VII.) set-off; (VIII.)

246

782

87

433

131

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