« AnteriorContinuar »
(DOMESTIC RELATIONS. FIDUCIARIES OR REPRESENTATIVES. TORTS; NEGLIGENCE; INJURIES.) Stockholders.
Receivers are denied any right of action A transfer of shares of stock in good faith to enforce liability of stockholders for debts is held sufficient to relieve the stockholders of the corporation on the ground that the from liability as such, unless prevented by fund is not assets of the company. (Md.) the statutes or the by-laws of the company. 617. (N. Y.) 246.
The right of a stockholder to inspect the A right of action by a foreign receiver books of the corporation is sustained on conagainst a stockholder in a foreign corpora- dition that it is made for the interests of tion is sustained on the ground that the li- | the corporation. (Wash.) 208. ability is contractual. (N. Y.) 725.
IV. DOMESTIC RELATIONS.
A married woman authorized by a court | tice of the pendency of the suit was given to to buy and convey property as a feme sole defendant, and the ground of the divorce was is held to have no power to convey realty in one which the public policy of the forum recanother state, to which she removes, without ognized. (N. J.) 546. the joinder of her husband in the deed, where
Alienation of affections. such joinder is necessary by the laws of The alienation of a husband's affections that state on a conveyance of property by á from his wife by another woman is held to married woman. (Fla.) 008.
create no right of action in favor of the wife, Contract to marry.
if it is unaccompanied by adultery. (Mass.) A contract to marry is held not to be with. 310. in the statute of frauds. (Md.) 384.
A mother given by divorce decree the care A man is neld to be justified in breaking and custody of a child, while no provision is a contract of marriage when, after it was made for its support, is held to have no made, he developed a grave malady which right of action for injuries to the child, as would make his marriage dangerous to his the duty of supporting it still rests on the life or health. (Va.) 581.
husband. (Mo.) 391. Divorce.
A girl seventeen years of age is released
from a convent by habeas corpus, notwithMere payment of an allowance to a wife standing that she was received there on the under an order of court is held insufficient supposition that her parents had consented, to prevent a divorce for desertion with entire and is not restrained of her liberty, but reneglect of duty. (Conn.) 750.
mains there by choice, since a minor has no A divorce granted on substituted service right to choose any other domicil than that of process in another state where complain. of her parents. (La.) 656. ant is domiciled is held entitled to recogni- As to infant's contract, see supra, II. tion by interstate comity, where actual no
V. FIDUCIARIES OR REPRESENTATIVES.
The withholding of commissions from an in the matter, when he has at the same time executor on account of his failure to give been engaged and paid by one of the receiv. proper care to the estate is held to be with ers, who was adversely interested. (Ill.) 792. in the discretion of the surrogate, notwith- A subagent intrusted with the collection standing a statute saying that he “must of a debt is held to have no right to apply allow" certain commissions on settlement of the funds collected to the payment of a an executor's account. (N. Y.) 721. claim held by him against the principal
An attorney employed by an association to agent, or in any way divert the funds from procure the discharge of receivers is held to speedy transmission to the real be precluded from recovering for his services (Minn.) 529.
VI. TORTS; NEGLIGENCE; INJURIES.
injured acquired it after the structure was No notice or request to remove a building made. (Md.) 127. encroaching on a street is held necessary be
Libel. fore action to abate it as a nuisance, brought against the person who erected it with con
The privilege, if any, in writing a letter structive notice of the street boundary, al- to a debtor, complaining of the nonpayment though such person was only a lessee of the of the debt by a third person through a bank, premises, and acted in good faith, believing is held not to extend to the imputation of the building was entirely on private ground. evil motives and dishonesty. (Mo.) 859. (Ind.) 487.
Exceeding the privilege of a communicaNotice to the original wrongdoer is held tion is held not to defeat the privilege, but not to be necessary to create a liability for to be material only as bearing on the questhe injury caused by a structure made by tion of malice. (Iowa) 483. him, although the owner of the property See also infra, IX.
(TORTS; NEGLIGENCE; INJURIES.) Trespass by animals.
The shooting of a passenger during a quar. Under a statute requiring premises to be rel with other passengers which grew out of inclosed with a lawful fence in order to en- a game of cards is held to create no right of title the owner to recover for trespass by action against the carrier, in the absence of animals thereon, it is held that an owner of evidence that the injury could have been animals is liable for the trespass of his ani- prevented after knowledge of the danger, almals on unfenced lands if they were there, though the game was allowed in violation of not merely by reason of his negligence, but the rules. (Md.) 120. because he turned them thereon.Va.) 588.
Injury to servant.
The completed part of a tunnel through One who fires a blast upon his own land, which men go to continue the work is held whereby a piece of wood is thrown which to be an appliance, means, or place which injures a person lawfully traveling on a the master must make safe, so that the serv. highway, is held liable as a trespasser, al- ant does not assume the risks of its caving though the blast was fired for a lawful pur- in. (Cal.) 597. pose and without negligence or want of skill. A person who enters the employ of another (N. Y.) 715.
is held to assume all the risks usually in Explosion of gas.
cident to the employment, including those Explosion of gas in a house supplied with which it is a part of his duty to take knowl. a low-pressure current is held not to make edge of by observation. This applies to the the gas company liable, when it was caused use of a machine from which a bolt is missby the blundering act of an employee of an-ing, and the defect in which is obvious. other company who broke into a plank box (N. J.) 147. containing the by-pass by which a high-pres
The maxim Volenti non fit injuria is held sure line was connected therewith, and made applicable to a case of injury to a servant the connection. (Pa.) 790.
wheeling coal on a runway not protected by Negligence.
guards, although a statute makes the emThe rule that one whose negligence in con
ployer liable for injuries from defects in the
ways, works, or machinery. (Mass.) 161. junction with some other cause, both operat
A boy who has had two years' experience ing proximately, and either of which was in riding colts is held chargeable with the sufficient to cause injury, is responsible for risk of the sufficiency of a stirrup strap, the damage, is applied to a defective railing when, after complaining of its insufficiency on a bridge, which was broken by a team and seeing it tested and being told that it when frightened by lightning. (Iowa) 480. is sufficient, he becomes satisfied that it is
A person who resists a gateman's efforts to save him by removing him from a danger.
so, and proceeds to use it. (Mass.) 107. ous position near a railroad track as a train tion of a tunnel is held, under the law of
The use of compressed air in the construcapproaches is denied a right of action against Canada, not to create a liability as absolute the railroad company for being thrown down insurer of the machinery, appliances, and in the tussel, and having his leg cut off by system adopted, but the employer's duty in the train. (Pa.) 788.
this respect is held to be satisfied by employ. Starting a back fire to protect one's erty from a prairie fire is held not to be ing competent superintendents and work. negligence, if done with proper care, and not men, and authorizing them to procure all
machinery and to be the proximate cause of loss which necessary
appliances. would in any event have resulted from the (Mich.) 112. original fire. (N. D.) 646.
Injury by servant. Contributory negligence is held to be no A locomotive engineer is held to be acting defense to a cause of action under a statute in the exercise of his authority when ejectwhich imposes an absolute liability, as one ing a trespasser from the footboard of the charging railroad companies with liability engine, irrespective of any interference by for fires. (Me.) 82.
the latter with the manipulation of the Fright.
machinery. (Tex.) 282. A right of action for physical injury re
Injury on highway. sulting from mere fright is again upheld where a wrongful act or omission was deemed to stakes in the ground, is held to be a nui
A white cloth hay-cap, tied at the corners the proximate cause of the injury, and the
sance injury ought to have been foreseen. (Tex.) frightening a horse, when it is maintained in
which will create a liability for 325. But in another case the rule that no re
a highway at such a place as to be likely to covery can be had for fright is held to apply, frighten horses that are ordinarily gentle. although the negligence was gross and the (Me.) 752. party in fault ought to have known that the Bicycles are held not to be within the result would follow. (Mass.) 323.
meaning of an ordinance giving vehicles a Negligence of carrier.
right of way upon street railway tracks in The theft of diamond rings from the finger the direction in which the cars usually run of a woman while asleep in a sleeping car is
over vehicles running in the opposite direcheld to give a right of action against the tion, and, in an open, unobstructed highway sleeping-car company, if it resulted from the it is held that the driver of a cart need not failure to use proper care in guarding her turn out to one side in order to give the right and her property. (Ky.) 286.
of way to a bicyclist. (Pa.) 289.
(PROPERTY RIGHTS; LIENS; TRUSTL. CIVIL RENADIES.)
VII. PROPERTY RIGHTS; LIENS; TEOSTS.
Redemption from mortgage. The destruction of an unrecorded deed, The balance of a mortgage debt when the and a new conveyance at the grantee's re- land is sold for less is held not to be a “lawful quest, by the grantor, to a third person, is charge” which must be included in the held to convey an equitable interest, and not amount to be paid on redemption, where the a legal interest. (N. D.) 637.
statute provides for paying the purchase A reservation in a deed of land on one side price and all “lawful charges." (Fla.) of a river of a right to build a dam against
742. it, with the accompanying right of flowage.
Damage by eminent domain. and also of an acre of land near the end of The meaning of the word “damaged” in a the dam, although containing no words of constitutional provision requiring inheritance, is held to give the grantor ease- pensation for property damaged for public ments appurtenant to, and not in gross, and denies that the depreciation in the value of
uses is discussed at length in a case which a fee simple in the land, instead of a mere property by noise, smoke, and cinders caused license. (N. H.) 226.
by a railroad constitutes such damage. Mines.
(Ga.) 755. A lessee of an undivided interest in a mine
Liens. is held entitled to maintain an action for A mechanic's lien on the buildings of a damages against the owner of the remaining state university is denied on the ground that interest, who excludes him from the mine. the property is public. !Va.) 284. (Nev.) 540.
The enrichment of the soil and beautify.
ing of ground, including the construction of A statute prohibiting the escape of natural a rustic bridge of little importance, are held gas from wells into the open air is held con- insufficient to give a mechanic's lien under stitutional, and an action by the state for an
a statute authorizing it for a house, fixtures, injunction to prevent it is sustained on the
machinery, “or improvements made”
land. (Tenn.) 273. ground that it is a nuisance. (Ind.) 627.
Trust. Mortgage. A mortgage of a stock of goods authorizing moneys of the estate in a bank owned by him
A general deposit by an administrator of a mortgagor to sell for the benefit of the is held to destroy the identity of the fund as mortgagee and account to him for the pro- a trust fund, if any money is afterwards ceeds of the sales, though authorizing him checked out of the bank, although there is to sell on credit of thirty days and to draw more than the amount of the deposit left his living expenses out of the proceeds, is therein when it becomes insolvent. (Or.) held valid. (Mont.) 400.
VIII. CIVIL REMEDIES.
he should have no passway over the land con. Judgment against a solvent garnishee, al. veyed is held admissible to rebut the im. though not collected, is held to be a satis- plied reservation of an easement of necessity. faction of the claim for the amount thereof (Ky.) 79. against the original debtor, who cannot be Photographs calculated to arouse symcompelled to take the judgment instead of pathy or indignation of the jury should be having credit therefor on his own claim. excluded when not substantially necessary (Iowa) 131.
or instructive to show material facts or conJudge.
ditions. (Wis.) 691. A judge is held to be disqualified from try.
An application to have plaintiff required ing a case in which the plaintiff is a corpora- to submit to have his neck photographed by tion of which his wife is a shareholder, al- the use of the X-rays is denied during the though there is no statutory provision to progress of the trial, on the ground that the that effect. (S. D.) 413.
application is not made in time, and also Damages.
because it is not shown that the person by The pollution of the water of a stream whom it is proposed to have the photograph used for a paper mill is held to be an ele- taken has the necessary skill or experience ment of consequential damages caused by the to apply the rays without injury to the peroperation of a railroad. (Pa.) 782.
(Minn.) 141. See also supra, VII.
An action by a father for the loss of the A man's declarations as to facts of his own services of his minor daughter, oocasioned history and pedigree are held provable for by personal injuries, should not be dismissed the purpose of identification in an action aft. because she, after reaching her majority, reer his death to recover the proceeds of his fused to obey an order of the court in which estate, which has been escheated. (Or.) the action was pending, requiring her to sub548.
mit to a physical examination of her person Parol evidence that a grantor agreed that by a physician. (Ga.) 486.
(CRIMINAL LAW AND PRACTICE.) Presumption.
i nied where there is no statutory permission The court refuses to presume that the law therefor. (Mich.) 345. merchant as to the protest of a draft pre
Specific performance. vails in Asiatic Turkey. (Mass.) 495.
A decree for the specific performance of a Action for conspiracy.
contract is denied for the lack of definiteness An action on the case for conspiracy is and certainty of its provisions, where it held not maintainable by a general creditor called for the opening and development of against those who combine to remove the mining property, the building of a mill, etc., debtor's property beyond the reach of his and also because the decree would involve claim. (Wis.) 433.
the supervision of a long series of acts in. Recovering money paid.
volving special knowledge and skill. (Cal.) The right to recover back money paid on 334. an assessment for a street improvement, on
New trial. the ground that the improvement was not Inadequacy of damages is held to be one completed and the property assessed was not of the grounds for which a verdict may be benefited, is denied where it does not appear set aside and a new trial ordered. (N. C.) that all the money collected on the assess
33. ment was not honestly expended on the work
Attack on probate. of the improvement that was done. (Minn.) The probate of a will is held not subject 537.
to collateral attack years afterwards by a Injunction.
proceeding to annul it, merely because one A very remarkable attempt to obtain an
of the two witnesses was disqualified by rea. injunction against the removal of a building son of interest. (III.) 798. from a town, on the ground that it would
Pendency of other suit. so diminish the taxable property in the town The pendency of proceedings in admiralty as to make it difficult for the town to pay its for limitation of liability of shipowners, and indebtedness, and that it would throw an an injunction against further proceedings in excessive burden of taxation on the remain the state court in an action for damages ing taxpayers, was unsuccessful. (S. D.) against them with other defendants as joint 572.
tortfeasors, are held no bar to further proseAn injunction to protect purely political cution of the action against the remaining rights, such as those of citizens as voters, is defendants. (Cal.) 467. declared to be in excess of equity jurisdic
Limitation in contract. tion. (Mo.) 393.
A contract limitaton of the time for bringGarnishment.
ing an action on an insurance policy is held An officer who has collected money by not to be subject to a provision of the gen. garnishment is held not to be liable for pay- eral statute of limitations to the effect that ing it over to the creditor after notice that a new suit brought after the failure of a the title to the fund had been assigned by the previous one shall be deemed a continuation debtor before the garnishment was levied, thereof. (Iowa) 709. where the garnishee acknowledged that it
Laches. owed the fund and paid it over as the prop- Eight years' unexplained delay in proseerty of the debtor. (Mont.) 737.
cuting suits for taxes, when the statute Garnishment against an executor to reach would have barred the taxes except for the a debt of the decedent before a decree for the suits, is held to defeat the lien for the taxes. distribution of the assets in his hands is de.' (Tenn.) 275.
IX. CRIMINAL LAW AND PRACTICE. Bail pending appeal is allowed in extraor- representations were made and the prosecudinary circumstances on account of the dan- tion had. (111.) 731. ger to the health of the prisoner. (Cal.) 466.
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 como 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
Extradition. 9 miles towards the place where he intended to break and enter a dwelling house, and then
A person who comes into a state at the remet a confederate, loaded his revolver, and quest of another and in pursuance of the latprocured chloroform, but was prevented from ter's business is held not to be a fugitive committing the crime by being arrested. from justice subject to surrender, in extra(Mich.) 108.
dition proceedings at the instance of the em. Confidence game.
ployer. (S. D.) 566. On an indictment for attempting to obtain
Fish laws. money by a confidence game by selling a gold
A statute making it unlawful to sell, or brick, it is held that no conviction can be have in possession for sale, any trout, is uphad where the proof is that the money was held as valid, and construed to cover the pos. actually obtained, although it was obtained session of trout lawfully caught in another in a different county from that where the state. (Or.) 153.
INDEX TO NOTES.
(The General Index follows this.)
Action. See FRAUD.
| By-laws; of insurance company, see IN-
614 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 246
Damages. See also APPEAL.
Pollution o* water as an element of dam.
ages for taking railroad right of way 782
Eminent domain. See DAMAGES.
cipality for, see MUNICIPAL CORPORA-
Franchise; right to transfer or mortgage
privilege to use streets for telegraph,
telephone, or other quasi-public pur-
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
Garnishment; effect of judgment against
garnishee to merge or satisfy liability
of principal debtor
Scope of the subject ; (II.) application
of statutes to executors and adminis-
trators: (a) general statement as to;
(6) 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
289 representative; (VII.) set-off ; (VIII.)