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Contracts for advertisements in Sunulay newspapers can be enforred.
A seller of goods, chattels, or other property, commits no fraud, in law, when he neglects to tell the purchaser of any flaws, defects, or unsoundness in the same.
The opinions of witnesses, as to the value of a dog that has been killed, are not admissible in evidence. The value of the animal is to be decided by the jury.
If any person puts a fence on or ploughs the land of ancther he is liable for trespass, whether the owner has sustained injury or not.
If a person, who is unable from allness to sign bis will, has his hand guided in making bis mark, the signature is valid.
When land trespassed upon is occupied by a tenant, he alone can bring the action.
T'o say of a person, "if he does not come and make terms with me, I will make a bankrupt of him, and ruin him," or any such threatening language, is actionable, without proof of special damage.
In an action for slander, the party making the complaint must prove the words alleged; other words of a like meaning will not Buffice.
In a suit of damages, for seduction, proof of pregnancy, and the birth of a child, is not essential. It is sufficient if the illness of the girl, whereby she was unable to labor, was produced by shame for the seduction; and this is such a loss of service as will sustain the action.
Addressing to a wife a letter, containing matter defamatory to the character of her husband, is a publication, and renders the writer'amenable to damages.
A parent cannot sustain an action for any wrong done to a child, unlese he has incurred some direct pecuniary injury therefrom, in consequence of some loss of service, or expenses necessarily consequent thereupon.
A master is responsible for an injury resulting from the negli gence of his servant, whilst driving his cari or carriage, provided the servant is, at the time, engaged in his master's business, even though the accident happens in a place to which his master's busiDess does not call him; but if the journey of the servant be solely for a purpose of his own, and undertaken without the knowledge or consent of his master, the latter is not responsible.
An emigrant depot is not a nuisance in law.
In an action for libel, against a newspaper, extracts from such a9wepaper may be given to show its circulation, and the extent to which the libel has been published. The jury, in estimating tha damages are to look at the character of the übel, and whether the defen innt is rich cr poor. The plaintiff is entitled, in all cases, to bis actual damages, and should be compensated for the mental suf. ferings endured, the public disgrace inflicted, and all other actual discomfort produced.
Delivery of a husband's goods by a wife to her adulterer, he hav. ing, knowledge that she has taken them without her husband's authority, is sufficient to sustain an indictment for larceny against the adulterer.
The fact that the insurer was not informed of the existence of a pending litigation, affecting the premises insured, at the time the insurance was affected, does not vitiate the policy.
The liability of an innkeeper is not confined to personal baggago, but extends to all the property of the guest that he consente to receive.
When a minor executes a contract, and pays money, or delivers property on the same, he cannot afterwards disaffirm such contract, and recover the money, or property, unless he restores to the other party the consideration received from him for such money or property.
When a person has, by legal inquisition, been found an habitual irunkard, he cannot, even in his sober intervals, make contracts to bind himself or his property, until the inquisition is removed.
Any person dealing with the representative of a deceased person, is presumed, in law, to be fully apprised of the extent of such ropresentative's authority to act in behalf of such estate.
In an action against a railroad company, by a passenger, to recover damages for injuries sustained on the road, it is not compul. sory upon the plaintiff to prove actual negligence in the defendants; but it is obligatory on the part of the latter to prove that the injury was not owing to any fault or negligence of theirs.
A gast is a competent witness in an action between himself and un inokeeper, to prove the character and value of lost personal baggage. Money in a trunk, not exceeding the amount reasonably required by the traveller to defray the expenses of the journey which he has undertaken, is a part of his baggage; and in case of its loss, while at any inn, the plaintiff may prove its amount by his own testimony.
T'he deed of a minor is not absolutely void. The court is author. ized to judge, from the instrument, whether it is void or not, according to its terms being favorable or unfavorable, to the interests of the minor.
A murried woman (except in California and Indiana) is entitled in the event of her surviving her husband, to the use of onethird of all his real estate, during her natural life, which interest is called her dower. The widow's dower set apart by her husband, can not be sold to satisfy bis debts. Any contract made with a person judicially declared a lunatic is void
Money paid voluntarily in any transaction, with a knowledge of the facts, cannot be recovered.
In all cases of special contract for services, the plaintiff can ro cover only the amount stipulated in the contract.
A wife is a competent witness with her husband to prove the contents ef a lost trunk.
A wife cannot be convicted of receiving stolen goods when she received them of her husband.
Insurance against fire, by lightning or otherwise, does not covor oss by lightning without combustion.
Failure to prove plea of justification, in a case of slander, aggru vates the offence.
It is the agreement of the parties to sell by sample that consti. tutes a sale by sample, not the mere exhibition of a specimen of the goods.
An agent is liable to his principals for loss caused by his mis statements, though unintentional.
Makers of promissory notes given in advan for premiums on policies of insurance, thereafter to be taken, are liable thereon.
An agreement to pay for procuring an appointment to office, is void.
An attorney may plead the statute of limitations, when sued by a client for money which he has collected and failed to pay
Testimony given by a deceased witness on a first trial is not ro quired to be repeated verbatim on the second.
A person entitling himself to a reward offered for lost property has a lien upon the property for the reward; but only when a definite reward is offered.
Confession by a prisoner must be voluntarily made to constituto evidence against him.
The defendant in a suit must be served with process; but servico of such process upon his wife, even in his absence from the State 18 not, in the absence of statutory provisions, sufficient.
The measure of damages in trespass for cutting timber, is its value
a chattel on the land where it was felled, and not the markot price of the lumber manufactured.
To support an indictment for malicious mischief in killing an animal, malice towards its owner must be shown, not merely pas sion excited against the animal itself.
No action can be maintained against a Sheriff for omitting to ao count for money obtained upon an execution within a roasonable time. IIe has till the return day to render such account.
An interest in the profits of an enterprise, as profits, ronders the party holding it a partner in the enterprise, and makes him pro Bumptively liable to share any loss.
LAWS OF EACH STATE
COLLECTION OF DEBTS,
JURISDICTION OF COURTS.
COLLECTION OF DEBTS.
MAINE.-A debtor within the State may be arrested on any judgment or contract, amounting to or exceeding the sum of ton dollars, if he is about to leave the State, and it can be proven on outh by the creditor that the debtor has means more than sufficient for his immediate use.
New-HIAMPSHIRE.- A debtor may be arrested in this State, if the creditor can prove on oath that he is indebted to him in a writ of cxecution in the sum of thirteen dollars and thirty-three cents or over, and that there is good reason to believe that he is about to leave the State to avoid the payment of his debts, or that he is concealing his property for the same purpose. The debtor, on his arrest, may demand to be led before two Justices of the Peace; and if tho magistrates are satisfied, from bis affidavit and such evidence As he may bring forward, that he neither conceals his
property por designs to leave the State, they may order bis discharge. [No female can be arrested for deht in this State.)
VERMONT.—In this State, no resident citizen of any of the Uni. ted States can be arrested for debt, unless it can be satisfactorily proved that he is about to abscond from the State with money or Other property secreted about his person or elsewhere, to the amount of twenty dollars or more, or sufficient to satisfy the claim for which the writ against him is issued. The writ of attachment may issue against his goods, chattels or estate, and, if none can be found, then against his body. [No female can be arrested for dubt in Vermont.)
MassaCHUSETT8.—No person shall be arrested on mesne process in an action of contract, unless the plaintiff, or some person in his behalf, makes affidavit and proves : First, That he has a good cause of action, and reasonable expectation of recovering a sum amounting to twenty dollars, exclusive of all costs which have accrued in any former action. Second, That he believes, the defendant has property not exempt from being taken from execution, which he does not intend to apply to the payment of the plaintiff's claim: and Third, that he believes that the de fendant intends to leave the state, so that execution, if obtained, cannot be served upon him: or (instead of the second or third) that the defendant is an attorney at law; that the debt is for money collected by the defendant for the plaintiff, and that the defendant unreasonably neglects to pay the same. No person shall be arrested on mesne process in an action of tort, unless it is proved that the plaintiff believes that he has a good cause of action against the defendant, that he has a reasonable expectation of recovering a sum equal to one-third the damages claimed in the writ, and that he has reason to believe that the defendant is likely to remove beyond the jurisdiction of the court. No person shall be arrested on an execution, except in actims of tort, unless after