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(CRIMINAL LAW AND PRACTICE,)

is not an element of the equity, but that a min- | within the rule as a railroad company. (Ala.) ing or manufacturing company is as much 623.

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Monday, July 5, is held to be a holiday pert witnesses after giving full detail of the within the meaning of a statute against open-facts on which the opinions are based. (Tex.) ing saloons on holidays. (Mich.) 218. 305.

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Proof of insanity as a defense in a criminal case need be only by preponderance of evidence. It need not be sufficient to "satisfy" the jury of the insanity. (Ohio) 737. Witnesses.

The obligation of expert witnesses to testify on payment of ordinary witness fees only is sustained against the contention that to compel them to give their opinions is a taking of their property without just compensation. (Ill.) 116.

Contempt.

The refusal to permit a person charged with contempt in publications respecting the evidence on a trial, to show that they were true, and to disprove the reporter's notes offered against him, is held to be a denial of due proc ess of law. (Cal.) 691.

Jurors.

The fact that a juror did not know how to read or write the English language, although this was not known to the accused until after the trial, was held, overruling a prior decision, to be insufficient ground for a new trial. (Iowa) 302. Costs and fees.

Evidence obtained by forcibly entering a A statute making costs and fees of officers house and searching it and the person of the and witnesses in criminal cases depend on con. owner is held admissible to show the posses-viction is sustained against the contention that sion of articles which tend to establish guilt, this denies the right to a fair trial which is innotwithstanding the unlawfulness and unrea- volved in the constitutional right of trial by sonableness of the search. (Ga.) 269. jury. (Tenn.) 126. Opinions as to sanity are allowed by nonex39 L. R. A.

(CIVIL REMEDIES.)

VIII. CIVIL REMEDIES.

Evidence.

The remedy on a note with warrant of attor- an implement of husbandry or farming utenney given by statute at the time they were sil. (Cal.) 340. made, by which a judgment could be entered and enforced notwithstanding any subse- An oral agreement to show that the nominal quent assignment for creditors, is held to be a maker of a note was only an agent and exepart of the obligation which cannot be taken cuted it under an agreement with the payee that away by a statute providing that such an as he would look only to the principal is held insignment shall dissolve all levies. (Wis.) 569. | admissible in favor of the agent when sued on A judgment pro confesso after striking out the note, (Wash.) 473. defendant's answer to punish him for contempt is held absolutely void, at least when rendered by the supreme court of the District of Col umbia, which had no right under U. S. Rev. Stat. § 725, to strike out such answer. (N. Y.)

449.

Election.

Damages.

The right to recover damages for mental suffering on account of delay in delivering a telegram is denied in an Arkansas case on a review of the conflicting decisions. (Ark.) 463. Replevin.

Replevin for goods fraudulently purchased The retaking of property by a vendor who is sustained without any tender of a part payhad retained title is held to preclude a subse- ment which had been made, when the purquent action for the unpaid part of the purchaser had realized from sales more than chase price. (Mich.) 815. that amount. (C. C. E. D. Wis.) 579. Garnishment.

Money or property taken from a prisoner under arrest, whether lawfully or unlawfully taken is held not subject to garnishment in the sheriff's hands, since if lawfully taken, it is in custody of law, and otherwise it was obtained by wrongful use of criminal process. (Mo.) 165. Distress.

The right of distress is held not to pass to an assignee of a rent note, where the statute merely authorized the assignment of the rent and its recovery by the assignee. (Ky.) 403. Ejectment.

The right to bring ejectment to compel the removal of telegraph poles which had been placed in a highway without compensation to the owner of the fee is sustained in favor of subsequent purchaser of the land. (Ill.) 722.

Case.

a

Failure to pay over money collected for an employer is held to give no right of action by trespass on the case. (R. I.) 845.

Injunction.

An injunction against an action at law for which a release had been given and the specific performance of the agreement not to harass the complainant by such actions is held proper notwithstanding the release was an available defense at law, where the nature of the claims was such that the trial of the actions, although unsuccessful, would damage the defendant's reputation. (N. Y.) 240.

Appeal.

The insanity of a defendant in a divorce suit is held insufficient to prevent taking a writ of error from a decree against him, although he is incapable of making any personal election. (Ill.) 115.

Process.

Service of process on an officer of a foreign corporation who is only temporarily and casually in the state, when the company has never done business therein, is held insufficient to sustain a judgment in personam. (Wash.) 548.

Lery; exemption.

A combined harvester, although used by the owner to cut his neighbor's grain as well as his own, is held to be exempt from execution as

Partition.

Land subject to an easement of a right of way when owned in common by persons who have the easement is held subject to partition. (Mass.) 215.

See also supra, VII., Coal.

Action for death.

The "heir or heirs" intended by a statute defining the parties who may bring action for and limited to lineal descendants. (Colo.) 351. death are held equivalent to child or children,

Re entry on premises.

The owner of land which has been wrong

fully entered upon by another person is held not to be liable for trespass in re-entering and taking possession of it. (Ky.) 863.

be done peaceably, and then maintain the posThe right of a landlord to re-enter, if it can session by such force as is necessary, is sustained, where the tenant was in default and had been served with notice to terminate the lease; and in such case the legal proceedings to recover possession are held unnecessary. (Mich.) 410.

The right to maintain forcible entry when a person has been forcibly ejected from a possession lawfully obtained by one who has the present right of possession is denied under a statute expressly giving the right to a person entitled to possession. (Mass.) 418.

A man sixty-six years old is held entitled to an exemption from levy and sale of his property as an "aged or infirm person." (Ga.) 710. Set-off

A claim against a decedent's estate which was not due when the debtor died, but has become due before the commencement of an action, is held properly set off. (Cal.) 686. Receivership.

A receiver of a trading corporation is ap pointed pending litigation between two factions each of which owns one half of the capital stock, when its affairs have come to a deadlock. (N. J.) 762.

The doctrine of equity which gives employees of a corporation a prior right to payment out of assets of a receiver in certain cases receives an extended discussion in a case which holds that the public nature of the corporation

(CRIMINAL LAW AND PRACTICE,)

is not an element of the equity, but that a min- within the rule as a railroad company. (Ala,) ing or manufacturing company is as much 623.

IX. CRIMINAL LAW AND PRACTICE;

Monday, July 5, is held to be a holiday within the meaning of a statute against opening saloons on holidays. (Mich.) 218.

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The right of an accused person to appear in court without being manacled is held to be a common law right, and his rights are also impaired by keeping manacles on others who have already been found guilty of the crime with which he is charged, when they are kept in the presence of the jury. (Wash.) 821. Cruelty.

A dog is held to be a domestic animal within a statute as to cruelty,-especially where the Constitution provides for taxing domestic animals which are destructive of other property. (Ga.) 709.

Embezzlement.

A receiver is held not to be an agent within the meaning of a statute as to embezzlement. (Kan.) 860.

Evidence.

HOLIDAY.

pert witnesses after giving full detail of the facts on which the opinions are based. (Tex.) 305.

Proof of insanity as a defense in a criminal case need be only by preponderance of evidence. It need not be sufficient to "satisfy" the jury of the insanity. (Ohio) 737. Witnesses.

The obligation of expert witnesses to testify on payment of ordinary witness fees only is sustained against the contention that to compel them to give their opinions is a taking of their property without just compensation. (Ill.) 116.

Contempt.

The refusal to permit a person charged with contempt in publications respecting the evidence on a trial, to show that they were true, and to disprove the reporter's notes offered against him, is held to be a denial of due proc ess of law. (Cal.) 691.

Jurors.

The fact that a juror did not know how to read or write the English language, although this was not known to the accused until after the trial, was held, overruling a prior decision, to be insufficient ground for a new trial. (Iowa) 302. Costs and fees.

Evidence obtained by forcibly entering a A statute making costs and fees of officers house and searching it and the person of the and witnesses in criminal cases depend on conowner is held admissible to show the posses-viction is sustained against the contention that sion of articles which tend to establish guilt, this denies the right to a fair trial which is innotwithstanding the unlawfulness and unrea- volved in the constitutional right of trial by sonableness of the search. (Ga.) 269. jury. (Tenn.) 126. Opinions as to sanity are allowed by nonex39 L. R. A.

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