« AnteriorContinuar »
upon that property to secure his just claim, which will be upassallable by the other creditors of his debtor.-JOHNSON V. TRUST COMPANY OF AMERICA, U.S.C.C. of App., Eighth Circuit, 104 Fed. Rep. 174.
51. FRAUDULENT CONVEYANCES-Husband and Wile. -Where, in an action to set aside a conveyance by decedent to his wife as in fraud of creditors, the balance of decedent's account with plaintiff at the time of the execution of the conveyance was in his favor, and the only debt owing to plaintiff at the time of decedent's death was contracted subsequent to the conveyance, evidence relating to such subsequent transactions was inadmissible and immaterial.-GONZALES V. ADOUE, Tex., 58 S. W. Rep. 951.
52. GAMING-Marginal Stock Contracts.-Const. art. 4, $ 26, providing that all contracts for the sale of shares of stock in corporations or associations on margins, to be delivered at a future day, shall be void, and that the money paid on such contracts may be re. covered, ig pot unconstitutional, as in conflict with Const. U.S. Amend. art. 14, § 1, in abridging the privi. leges and Immunities of citizens of the United States, and depriving persons of liberty and property with. out due process of law, 1o that it denies to persons making margin contracts the equal protection of the laws, since it was within the police power of the State to prohibit such contracts, as detrimental to the gen. eral welfare.-PARKER V. OT18, Cal., 62 Pac. Rep. 571.
53. GARNISHMENT AGAINST A COUNTY.-In the absence of statutory authority, a county cannot be subject to garnishment proceedings. - CITY OF SHERMAN V. SHOBE, Tex., 58 S. W. Rep. 949.
54. GIFT8-Promissory Note.-Where a father gives a note to his son as the share of the latter in the father's estate, and after the death of the father the son ne. gotiates it to a person who knows the facts, the latter cappot enforce the note against the estate of the father, the note being but a promise to make a gift in the future, and being without consideration.-CON. RAD V. MANNING, Mich., 83 N. W. Rep. 1038.
55. HIGHways-Obstructions-Bill in Equity.-Where an obstruction of a public road compelled abutting owners to travel much further in reaching certain necessary points than previously, they might maintain a bill in equity to enjoin the obstruction.-HILL V. HOFF MAN, Tenn., 58 S. W. Rep. 929.
56. HOMESTEAD-Abandonment.-The north halt of a lot was occupied as a residence by the owner and his family, and was separated from the south balf by a fence, the south half being used for stalls for the owner's horses and as a camp yard for his customers. He and his wife intending to erect a business house on the south half of the lot, had a cellar dug thereon, and mortgaged it, with other property, to secure money to construct the building. The mortgage did not cover the north half of the lot, and both testified that their intention was to confine the residence home. stead to that portion. Held, that the execution of the mortgage constituted an abandonment of the south half of the lot as a part of the residence homestead.O'BRIEN V. WOELTZ, Tex., 58 S. W. Rep. 943.
57. HUSBAND AND WIFE-Alienating Husband's Affec. tions-Evidence. - Under Comp. Laws, § 10,213, prohibiting a husband or wife from testifying to a com. munication made during the existence of the marriage relation after the termination thereof, a divorced wife cannot testify in an action against the father of her husband for allenating the husband's affections, as to the contents of a lost letter written by the husband to wife during the continuance of the marriage relation. -DERHAM V. DERHAM, Mich., 83 N. W. Rep. 1005.
58. HOSBAND AND WIFE - Deed – Recitals. - Where property is conveyed by a husband to his wife, an in. tention to make it the separate property of the wife may be shown by recitals of consideration in the deed, which, if moving from her, would give such a charac. ter to the property.-KAHN V. KAHN, Tex., 58 S. W. Rep. 825.
59. INJONCTION-Supreme Court-Jarisdiction.-This court, in the exercise of its original jurisdiction, can issue a writ of Injunction only upon an information therefor filed by the attorney-general, or under his au. thority, and by leave of court first obtained, and in the name of the state.-ANDERSON V. GORDON, N. Dak., 83 N. W. Rep. 993.
60. JOINT TORT FEASOR8.- Where several persons are sued as jointly liable for a tort, the fallure to hold one more of them will not militate against the liability of those who are guilty.-WY98 V. GRUNERT, Wis., 88 N. W. Rep. 1095.
61. JODICIAL NOTICE.-The court will take judicial notice of the manner in wbich ordinary railroad business is conducted, and that a "clearance" or "clear. ance card," as the term is commonly used by rallroad men, Is a letter given an employee on quitting the sery. ice of the company, showing a voluntary quittance or the cause of his discharge, his length of service, capac ity, etc., and that it isnot necessarily a letter of recommendation, such as would tend to secure blm fur. ther employment.-MCDONALD V. ILLINOIS CENT, R. Co., I11., 58 N. E. Rep. 463.
62. LOST INSTRUMENTS-Action to Recover-Indem. nity.-A court of law, especially one which is vested with jurisdiction both at law and in equity-has power to require a plaintiff to give a bond of indemnity as a condition precedent to a recovery in a action brought therein on a lost negotiable instrument.-FIRST NAT. BANK OF DENVER v. WILDER, U. 8. C. C. of App., Eighth Circult, 104 Fed. Rep. 187.
63. MALICIOUS PROSECUTION-Instructions-Probable Cause. When the question of probable cause is in issue in an action for malicious prosecution, it should be submitted to the jury to find specially on the facts, or the jury should be instructed hypothetically within the range of the facts which the evidence tends to establish as to what would constitute probable cause. -ERB V. GERMAN-AMERICAN INs. Co. OF NEW YORK, Iowa, 83 N. W. Rep. 1053.
64. MANDAMOS-Primary Elections. - A peremptory writ of mandamus will not issue where it is too late to benefit the party asking for it.-PEOPLE V. JEFFERS, III., 83 N. W. Rep. 318.
66. MARRIAGE-Breach of Marriage Promise.- Where, In an action for breach of marriage promise, plaintifi alleged an express agreement, and defendant claimed that a letter written by her in response to his offer of marriage had been a conditional acceptance, and plaintiff testified that she accepted his offer in her let. ter, even if such acceptance was conditional, there be." ing testimony that it was subsequently agreed that they should be married at a certain time, it was proper to submit to the jury the question as to whether there was an express contract.-OLMSTEAD V. HOY, Iowa, 83 N. W. Rep. 1056.
66. MASTER AND SERVANT-Authority to Employ Sur. geon for Injured Servant. -The employment of a sor. geon for an injured employee is not within the scope of the duties of a foreman employed by a contractor to superintend workmen engaged in constructing a building, and such employment does not render the master llable for the surgeon's bill.-GODSHAW V. J. N. STRUCK & BRO., Ky., 58 S. W. Rep. 781.
67. MASTER AND SERVANT-Contributory Negligence. -Where trainmen noticed and endeavored to repair a freight car door, which was banging by one top corner only, and, falling to repair it, continued to use the car without reporting its condition, the railway company is responsible for their negligence, resulting in the death of a section foreman, who was struck by the door swinging outward with the motion of the train in passing him, though the condition of the car was not communicated to any employee of the company oc. cupying the position of master or vice-principal.CHICAGO, ETC. R. CO. V. CULLEN, III., 58 N. E. Rep. 455.
68. MASTER AND SERVANT-Wrongful Discharge-Oontract.-Plaintiff was engaged by the defendant to man
age a branch of its business for & year under a con. tract, with the right to defendant to terminate such employment at any time for conduct unsatisfactory to the officers of the company, or for other cause. Plaintiff was alterwards discharged, because of no fault found with biin or with his management, but because the company had abandoned another branch business, and its manager there had much more experience than plaintiff, and it was thought advantageous to place bim in charge. Held, tbat the discharge for the purpose of employing a man with more experience was within the terms of the contract.-TEICHNER V. POPE MFG. CO., Mich., 83 N. W. Rep. 1031.
69. MINING CLAIMS - Right of Alien to Inherit. -The right of an allen to inherit a mining claim located upon government land, as against every person but the United States, is determined by the laws of the State in which the claim is located.-LOHMANN V. HELMER, U. S. C. C., D. (Oreg.), 104 Fed. Rep. 178.
70. MORTGAGES - Foreclosure - Conclusiveness of Judgment.-Where a bill for the foreclosure of a trust deed avers that a defendant claims to have some interest in, or lien on, the premises, and also sets up a cer. tificate of sale under which defendant claims, and the latter answers by general deptal, he cappot question a judgment foreclosing all his interest in the premises adverse to plaintiff, as he is estopped by his answer from claiming any interest in the premises.-KEHM V. MOTT, III., 68 N. E. Rep. 467.
71. MUNICIPAL BOND8 - Street Improvement.-Acts 20 Gen. Assern. Iowa, ch. 20, § 1, declares that cities may improve streets, etc., and assess the cost on abutting property, and provides that such assessment shall constitute a sinking fund for the payment of the improvement of the stroet on which the property abuts, "and should be used and appropriated for no other purpose," and, to provide for defraying the cost of such Improvements in the first instance, the city may issue bonds, all of wbicla sball express on their face the name of the street to defray the cost of which they were issued, and that the proceeds of such bonds shall be used for no other purpose than the payment of the cost of improving the particular street thereid Damed. Held, that a city, having issued such bonds, was charged, as a trustee, with the duty of collecting and applying thereon the assessments on the property abutting on the particular street therein named.VICKBEY V. CITY OF SIOUX CITY, U. 8. C. C., N. D. (Iowa), 104 Fed. Rep. 164.
72. MUNICIPAL CORPORATIONS – Boards of HealthPolice Power.-Where a village charter declared that the council should have all the authority conferred on boards of health by the general laws of the State so far as applicable, and authorized the council to appoint a board of health, and, acting on the advice of the board, the council caused the level of a lake, the outlet of which was within the corporate limits of the village, to be raised so that plaintiff's land was flooded, no action would lie against the village, eince the council, in raising the lake, acted as representatives of the State.-MURRAY V. VILLAGE OF Grass LAKE, Mich., 83 N. W. Rep. 995.
78. MUNICIPAL CORPORATIONS--Change of GradeMeasure of Damages.-In an action to recover damages for injury to abutting property by cutting down the grade of a street, there can be no recovery on ac. count of the street being out of repair, or pot graded or macadamized, after the grade was changed; and it Is error to admit evidence or to instruct the jury as to such elements of damage.-CITY OF HENDERSON V. WINSTEAD, Ky., 83 N. W. Rep. 777.
74. MUNICIPAL CORPORATION-Defective sidewalkNegligence. Whether projecting binges, nearly 2 focbes tall, on bulkhead doors, in an otherwise smooth sidewalk, constitute defects in the sidewalk which the elty, in the exercise of reasonable care, should have remedied, is a question for the jury.-LAMB V. CITY OF WORCESTER, Mags., 58 N. E. Rep. 474.
75. MUNICIPAL CORPORATIONS-Detective sidewalkContributory Negligence.-One who, while traveling along a public thoroughfare in the suburbs of a city, on a dark night, with knowledge of a defect in the sidewalk, leaves the road and takes the walk, and is injured by falling into the opening which he is trying to avoid, is not, as a matter of law, gullty of con. tributory negligence.- TAYLOR V. CITY OF MANKATO, Minn., 83 N. W. Rep. 1084.
76. MUNICIPAL CORPORATION - Lighting Streets Franchise.-Under a city charter conferring power upon a common council to contract to supply its inhabitants with water and light, and to grant the use of the streets, etc., for those purposes, for a period not exceeding 10 years, the common council cannot grant a franchise for the use of the streets, etc., for a longer period than 10 years for those purposes.-SULLIVAN V. BAILEY, Mich., 83 N. W. Rep. 996.
77. MUNICIPAL CORPORATIONS-Open Sewer-Mainte. nance.-Where a city, in accordance with an ordinance duly adopted, builds a temporary open Bewer on streets running through a plat which it had never ac. cepted, an abutting property owner has an action at law for damages for the trespass, but the maintenance of such sewer cannot be enjoined, since the granting of an injunction to abate the nuisance presupposes de. fendant's right to do work on the street to abate the nuisance, which it did not have.--COOPER V. CITY OF CEDAR RAPIDS, Iowa, 83 N. W. Rep. 1050.
78. NEGLIGENCE OF LANDLORD.-Plaintiff was injured by the falling of a smokestack erected partly on the ground of an adjoining proprietor and partly on ground leased by defendant to such adjoining pro. prietor, and insecurely erected. The stack was used by defendant in connection with his building, and he had agreed to keep it in repair. Held, that defendant, and not his tenant, was liable for the injury.-BOYCE V. SNOW, III., 58 N. E. Rep. 403.
79. NOVATION-Requisites.-An agreement by a new firm to pay all obligations of an old firm does not ren. der the new firm liable for a debt due from the old firm to a creditor who was not a party to the agreement.DABLING V. RUTHERFORD, Mich., 83 N. W. Rep. 999.
80. PATENT RIGHT8-Sale-Contract. - Where plaint. iff's application for a patent had been rejected by the patent office, a contract with defendant, pending the application, purporting to sell him the exclusive right to manufacture plaintiff's invention, was void for lack of a subject matter, and plaintiff could not recover yearly royalties under its terms.-HAMILTON V. PARK & MCKAY CO., Mich., 83 N. W. Rep. 1018.
81. PLEDGES – Property in Bond - Warehouse Re. ceipts.-A party holding a warehouse receipt for certain tobacco in bond, as security for a number of ac. commodation noces, which receipt contained a state. ment that the tobacco had been received on storage on account of" such party, and having across its face the words “Not negotiable," pledged the tobacco to plaintiff as security for loads, and indorsed the receipt to him. Held, that the warehouse receipt con. ferred on the holder po greater rights, as against the true owner, than the goods themselves, and hence, since the party had no authority from the owner to sell or pledge, plaintiff was only untitled to hold the re. ceipts until a sum equal to the original debt for which they had been pledged had been paid.- COMMERCIAL NAT. BANK V. BEMIS, Mass., 58 N. E. Rep. 476.
82. PRINCIPAL AND SURETY-Discharge of Surety.- If the obligee in a bond obtaing control of money or property of the principal therein, which he may law. fully apply to tbe discharge of that principal's obligation to him, and to which he is not otherwise entitled, and then voluntarily surrenders or releases the money or property, so that the gurety loses the benefit of the security it furnishes, the latter is discharged from liability on the bond to the extent of the value of the money or property thus surrendered. WOOD V. BROWN, U.S.C. C. of App., Eighth Circuit, 104 Fed. Rep, 203.
83. RAILROAD COMPANY Receivers Actions.
of a bidder who would pay the amount due thereon.court appointed a receiver for a railroad company, HOWARD V. HOLBERT, Kan., 62 Pac. Rep. 545. and enjoined all bondholders, creditors, and others in. 92. TRADE-MARK – Unfair Competition-Fraud and terested in the property from bringing suits against Deceit.--The basis of a suit for unfair competition in the receiver in any other court. Held, that the in. trade is fraud. To warrant reliet in such a suit, chere junction applied only to the suits of bondholders, must be proof of the fraudulent intent to palm off the creditors, and others, whose claims were in existence goods manufactured by others as though mapu. at the time the receiver was appointed, and not to factured by the plaintiff, or proof of facts and circumclaims for the torts of the receiver while operating the stances from which such an intent and fraud may be road after bis appointment.-BURKE V. ELLIS, Tenn., fairly inferred. -GORHAM MFG. Co. v. EMERY-BIRD58 S. W. Rep. 855.
THAYER DRY GOOD CO., U.S. 0. C. of App., Eighth 84. RAILROAD COMPANY - Street Railroads – Negli. Circuit, 104 Fed. Rep. 243. gence.-The parents of a child injured by a street car 93. TRUST DEED-Impairment of Security-Action for cannot recover for negligence in running the car at Damages.--Where the grantor in a trust deed given to an excessive speed, where the child ran unexpectedly secure a debt conveys his equity to defendants, who in front of the car, and the accident would have hap. unlawfully cut down and remove the standing timber pened in the same way had the car been going at a from the land described, the beneficiary in the deed reasonable speed, as the speed was not the proximate may maintain an action for the injury, though not in cause of the injury. - HOLDRIDGE V. MENDENHALL, possession or entitled to possession, since it is an im. Wis., 88 N. W. Rep. 1109.
pairmont of his security.-ARNOLD V. BROAD, Colo., 62 85. RECEIVER-Foreign Receiver.-In a suit by a for. Pac. Rep. 577. eign receiver as such to foreclose a mortgage, a de. 94. TRUST DEED Trust Fund - Investment – Idenmurrer interposed on the ground that the receiver had tification.-A trustee invested the trust fand in a drug no capacity to gue in the courts of the State should store and fixtures, taking title in his own name, and so have been overruled where the petition alleged that conducted the business at the same place until his the mortgage had been assigned to the receiver. death, four years later, but always during such time HALE V. HARRIS, Iowa, 83 N, W. Rep. 1046.
acknowledged the trust. After his death, his admin86. RECEIVERS-Jurisdiction to Appoint. The courts
istratris conducted the business for two years, when in any jurisdiction may, in a proper case, take posses.
it was sold. Held, that since the drug store as an ension through receivers of property within its limite,
tity, and not the individual items of stock, constituted independently of the question of the domicile of the
the trust fund, it was only necessary to identify it, at owner; but, where the purpose of a sait is to wind up
the time of the sale by the administratrix, as the same a corporation, or a joint-stock association, or a part
as that in which the trust fund was originally innership, on account of alleged insolvency or fraudu.
vested, in order to follow it, and impress a trust lent transactions, or where a general receivership of
thereon.-BYRNE V. MCGRATH, Cal., 62 Pac. Rep. 559. the property of such concern is sought, the initial 95. TRUSTS - Vested Estate.-Wbere a trust deed deproceedings should be at the place of domicile, and clared that after the death of the cestui que trust, leay. other receiverships should be anciliary thereto. ing a wife and child or children, the trustee should reHUTCHINSON V. AMERICAN PALACE CAR CO., U.S.O. ceive the profits, and apply the same to the use of the 0., D. (Me.), 104 Fed. Rep. 182.
wife and children during the wife's life, and that at 87. RELEASE AND DISCHARGE-Compromise.-Where her death the estate should pass absolutely to such two or more persons are liable for an injury sustained children, one of the children, on the death of the cestui by a third party, the damages recoverable are not ap que trust, took a vested interest in the estate, of which portionable in law between the parties so liable, and a she could dispose by will.--CONOVER V. HEWITT, Mich., settlement with the injured party by one inures to the 83 N. W. Rep. 1009. benefit of all who are responsible for such injury. 9. WILLI-Bequest to Widow.-In the first clause of HARTIGAN V. DICKSON, Minn., 83 N. W. Rep. 1091.
testator's will he bequeathed to his half-brother a 88. REMOVAL OF CAUSES-Time of Application-state specific piece of land. By the second clause he beStatute.--On consideration of a motiou to remand a queathed another specific piece to his sister. By the cause to the State court because the petition for re. third clause he gave and bequeathed unto his wife "all moval was not filed in time, the federal court cannot the statute of the State of Micbigan allows a widow.” take judicial notice of a rule of the State court by By the fourth clause be bequeathed the remainder of which the time in which pleadings may be filed is his estate, both real and personal, to his brother and extended beyond the date fixed by the general statute two sisters, "after my wife receives what the statute of the State.-YARNELL V. FELTON, U. S. D. C., E. D. of the State of Michigan allows a widow." Held, that (Tenn.), 104 Fed. Rep. 161.
as the testator died without issue, bis widow is en-, 89. SALE-Contract - Breach. - Where a contract of
titled to one-half of bis real estate, which the statute sale of a musical automaton provided that the sellers gives her.-MURDOCH V. BILDERBACK, Mich., 83 N. W. should have fifteen days, after notice that the instru.
Rep. 1007. ment was not as represented, in which to elect 97. WILLS-Devise to a Clasg.–Testator's will pro whether they would send a man to make it so, or vided: "I give and bequeath to the legal and direct order the instrument returned to them for examina. descendants--the heirs of their bodies begotten and tion or repair, or replace it with a new Instrument, their heirs--of my brother w, and his wife, M (now on their failure to proceed to repair the instrument, both deceased), the one-fourth part of my estate." as required by the contract, within a reasonable Held, that the clause, "the heirs of their bodies begottime, the buyer had the right to refuse to accept it. ten and their heirs," limited the clause immediately PRICE V. MARTHEN, Mich., 83 N. W. Rep. 1021.
preceding, and hence the devise did not descend to the 30, TAX DEED — Failure to Record.-Where the
beire generally of the ancestors named, but only to the holder of a tax deed fails for six months from its date heirs of their bodies.-LANCASTER V. LANCASTER, I., 58 to have it recorded as required by law, said tax deed
N. E. Rep. 462. becomes void, and the grantee therein cannot retain a 98. WILLS-Trusts-Diversion of Trust Funds-Inllen on the land described, for taxes paid, by after. plied Trust.-Where a house and lot are deeded to a. wards taking possession thereof.- HUMPHREY V. father in trust for his children, and insurance money YOST, Kan., 62 Pac. Rep. 550.
for the house and the proceeds of the lot are used by 91. TAX DEED-Validity.-A tax deed for several him in part payment for his own land, an implied separate tracts of land, bid off by the county treasurer trust in favor of the beneficiaries arises, for the funds for the county at a tax sale, to be valid upon its face thus misapplied, which becomes a charge on the land. must show that the sale of each tract failed for want -KAPHAN V. TONEY, Tenn., 58 8. W. Rep. 909.
TO THE EDITORIALS, NOTES OF RECENT DECISIONS, LEAD-
IN VOLUME 51.
A separate subject-index for the “Digest of Current Opinions" will be found on page 505, follow-
ABATEMENT AND REVIVAL,
of actions in different jurisdictions, 162.
liberal application of the doctrine of, 61.
by wife for alienation of husband's affections, 162.
to sbip such goods, in which the agency is not
name for breach of such contract, 164, 230.
between an agent and an undisclosed principal,
against common carrier for injury or loss of
and an assignee, 233.
Jurisdiction of State courts of action against a
resident steamboat company for breach of con.
the high seas, 152.
riage it is liable in damages for what the passen.
and admiralty, 154.
effect of the alteration of a bill or note, in the hands
of a bona fide purchaser for value, 269.
thorized filling up of blanks, as against a bona fide
AMERICAN BAR ASSOCIATION,
proceedings of the twenty.third annual meeting
twenty-third annual meeting of the, 389,
upon suspicion, i.
restricted sense as applied to real property, 205.
and involving third persons, 206.
scope of term "transfer,” 207.
has the garnishing creditor a specific llen, 25.
rights and liabilities of owners and operators of
automobiles on the highway, 379.
whether a bailment or a sale, 44.
negligence of a bailee imputed to his bailor, 72.
tiller of the soil cannot be involuntary bankrupt,
though payable to his legal representatives, does
the trustee as assets of the bankrupt estate, 83.
by trustees in bankruptcy, 87.
United States courts in suits by trustees under
the new act of bankruptcy, 91.
surance payable to legal representatives of the
ness by an insolvent debtor as a preference un.
der the bankruptcy act, 359.
of the new bankruptcy act, 419.
BANKS AND BANKING,
liability for payment of a check with a forged in.
honor checks, 457.
estoppel of the association from claiming a for.
feiture of certificate, 63.
18 barred by payment of money to one who is
Het fund, 399.
is not a carriage within the meaplog of an act pro.
the effect of alteration of, in the hands of a bona
fide purchaser for value, 269.
thorized filling up of blanks, as against a bona fide
to own it, although his ipdorsement thereon may
of marriage, ill health as an excuse for, 319.
as to suicide, in action on life insurance policy, 400.
where a carrier fails to perform its contract of car.
riage it is llable in damages for what the passen.
and colored passengers, 300.
liability of a public hospital to patients for in.
juries resultiog from the negligence of a nurse
liability for torts in the pollution of streams, 301.
effect of mortgagee's knowledge of mortgagor's
fraud, in the making of, 42.
law and justice, 279.
injunction against combination of laborers, 12.
of labor, the right to strike, 301.
situs of debt in garnishment case, 2.
the liability of stockholders in corporations, and
the courts of a State if it is condemned by pog.
contracts, especially in those cases in which the
CONFLICT OF LAWS-Continued.
what law governs in a contract for conditional sale
of personal property made in one State and
property delivered in another, 287.
the construction and interpretation of contracts,
validity of statute of, prohibiting publication of
criminal news, 161.
validity of statute against "trading stampe," 1.
fering with the liberty of a citizen, 2.
ernorship of Keptueky, 21.
associate with prostitutes, 102.
publication of criminal news, 161.
its for lewd women, 181,
materially abridge the right does not impair the
obligation of contract, 222.
their earnings for personal services rendered
tracts entered into prior to its passage, 222.
constitutional provisions, 225.
property by the front foot or area rule, to pay
cost of a public improvement upon adjacent
ratio of special benefit thereto, 423.
the amount of special benefit of a public improve-
fourteenth amendment, 460.
constructive contempt of courts, 221.
effect of impossibility of performance of, 29.
performance of contract, 33.