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holds one not corporeally present in state when crime committed not fugitive from justice in other state. Who may grant requisition.

(ited in footnote to State ex rel. Nichols v. Justus, 55 L. R. A. 325, which holds requisition for extradition “by the acting governor” made by chief magistrate.

47 L. R. A. 569, STATE ex rel. TOMPKINS v. CHICAGO, ST. P. M. & 0. R. CO.

12 S. D. 305, 81 N. W. 503.

47 L. R. A. 572, ST. LAWRENCE v. GROSS, 12 S. D. 350, 76 Am. St. Rep. 612,

81 N. W. 640.

47 L. R. A. 574, NORFOLK v. YOUNG, 97 Va. 728, 34 S. E. 886. Assessment for local improvements.

Cited in Harrisburg v. McPherran, 14 Pa. Super. Ct. 495, sustaining cost of street improvements assessed on basis of front-foot rule. Party's right to be heard on question of local improvements.

Cited in footnote to Chicago & E. R. Co. v. Keith, 60 L. R. A. 525, which holds void, statute for construction of ditch to drain off water along railroad right of way on petition of adjoining owner, without giving company opportunity to be heard.

47 L. R. A. 577, MAIA v. EASTERN STATE HOSPITAL, 97 Va. 507, 34 S. E. 617. Public corporation's liability for negligence, nuisance, or failure to pass

ordinance. Cited in Jones v. Williamsburg, 97 Va. 724, 47 L. R. A. 299, 34 S. E. 883, denying municipal corporation's liability for injury to person struck by bicycle ridden by another on walk, by reason of failure to enact ordinance prohibiting riding on walks; Duncan v. Lynchburg, 2 Va. Dec. 706, 48 L. R. A. 333, 34 S. E. 964, sustaining demurrer to complaint alleging injury as result of city's erection of privy on bank of stream for use of employees in its quarry; Powers v. Massachusetts Homeopathic Hospital, 47 C. C. A. 125, 109 Fed. 296, holding public hospital corporation under private management not liable for nogligence of nurse in leaving bag of hot water against patient's side; White v. Alabama Insane Ilospital, 138 Ala. 483, 35 So. 454, denying liability of state hospital for injuries to employee due to negligent operation of coal mine operated on premises to supply institution with fuel.

Cited in footnotes to Moody v. State's Prison, 53 L. R. A. 855, which denies liability of state to prison guard for injuries by defective ladder; Overholser v. National Home for Disabled Volunteer Soldiers, 62 L. R. A. 937, which holds national home for disabled soldiers a part of United States government not subject to action sounding in tort.

Distinguished in Trevett v. Prison Asso. 98 Va. 334, 50 L. R. A. 565, footnote p. 564, 81 Am. St. Rep. 727, 36 S. E. 373, holding prison association not controlled by state, liable for pollution of stream. Liability of department store for malpractice.

Cited in footnote to Hannon v. Siegel-Cooper Co. 52 L. R. A. 429, . ich holds

department store representing itself as carrying on dental business estopped to deny responsibility for malpractice of dentist. Railroad relief department as charitable institution.

Cited in Haggerty v. St. Louis, K. & N. W. R. Co. 100 Mo. App. 443, 74 S. W. 456, holding relief department of railroad corporation maintained by deductions from employees' wages not charitable institution, as employee entitled to benefit only on release of company from liability.

47 L. R. A. 581, SANDERS v. COLEMAN, 97 Va. 690, 34 S. E. 621. Disease as defense to action for breach of promise to marry.

Cited in Trammell v. Vaughan, 158 Mo. 222, 51 L. R. A. 856, footnote p. 854, 81 Am. St. Rep. 302, 59 S. W. 79, holding breach of marriage contract justitied by loathsome disease making it unsafe for man to marry; Smith v. Compton, 67 N. J. L. 552, 58 L. R. A. 482, footnote p. 480, 52 Atl. 386, requiring illness, to excuse breach of promise to marry, to be such as renders marital intercourse impossible.

Distinguished in Vierling v. Binder, 113 Iowa, 340, 85 N. W. 621, holding that plea of woman's diseased condition pleaded merely to negative existence of contract, cannot be considered on trial as excuse for nonperformance.

47 L. R. A. 583, ADKINS v. RICHMOND, 98 Va. 91, 81 Am. St. Rep. 702, 34 S.

E. 967.
Right to take orders in interstate business..

Cited in State v. Caldwell, 127 N. C. 525, 37 S: E. 138, holding ordinanca taring peddler engaged in selling portraits not void as applied to agent of foreign firm, to whom pictures sent, which he put together and delivered to fill orders previously taken. Original packages and interstate commerce.

Cited in footnote to Re Wilson, 48 L. R. A. 417, which holds void, as applied to sale of original packages, territorial statute requiring 'icense for sale of coal oil.

Who are engaged in interstate commerce.

Cited in footnotes to Williams v. Fears, 50 L. R. A. 685, which sustains license tax on emigrant agent; Racine Iron Co. v. McCommons, 51 L. R. A. 134, which holds traveling agent taking orders and distributing contents of original package among customers not engaged in interstate commerce; Croy v. Epperson, 51 L. R. A. 254, which holds one taking orders in own name for articles manufactured in other state, and delivering separate articles to customers, not engaged in interstate commerce; French v. State, 52 L. R. A. 160, which holds agent of nonresident company selling organ taken with him, or taking orders for others to be delivered by him, engaged in interstate commerce; State v. Willingham, 52 L. R. A. 198, which holds as interstate commerce, delivery of portraits and frames by agent previously taking orders for nonresident manufacturer. Jurisdiction of appellate court.

Cited in Valley Turnp. Co. v. Moore, 100 Va. 706, 42 S. E. 675, holding that one seeking appeal must establish court's jurisdiction to hear it.

577-597.]

L. R. A. CASES AS AUTHORITIES.

1109

47 L. R. A. 588, MAY v. POINDEXTER, 98 Va. 143, 34 S. E. 971. Right to take advantage of one's own wrong.

Cited in footnote to Hahn v. Bettingen, 50 L. R. A. 669, which denies right of one suing for breach of promise, to recover for loss from breaking previous engagement to other man at defendant's request.

47 L. R. A. 593, MCGRAW v. MARION, 98 Ky. 673, 34 S. W. 18. Municipal liability.

Cited in Clayton v. Henderson, 103 Ky. 235, 44 L. R. A. 476, 44 S. W. 667, holding city liable for erection of pesthouse near residence, within half mile of city limits, in violation of statute; Georgetown v. Com. 115 Ky. 387, 61 L. R. A. 678, 73 S. W. 1011, holding city not subject to indictment for failure to compel abatement of nuisance consisting of emptying filth into open drain; Simpson v. Whatcom, 33 Wash. 398, 63 L. R. A. 818, 99 Am. St. Rep. 951, 74 Pac. 577, holding city not liable in damages for acts of officers in prosecuting one, in attempt to enforce void ordinance imposing license fee upon bicyclists using streets.

Cited in note (44 L. R. A. 799) on liability of municipalities for false imprisonment and unlawful arrest.

Distinguished in Twyman v. Frankfort (Ky.) 64 L. R. A. 573, 78 S. W. 446, holding municipal corporation not liable for acts of its officers in removing smallpox patient to pesthouse so overcrowded that he dies from exposure. License tax on peddlers.

Cited in footnote to Rosenbloom v. State, 57 L. R. A. 923, which sustains license tax on peddlers, though venders of own products exempt.

47 L. R. A. 597, HANLEY v. CALIFORNIA BRIDGE & CONSTR. CO. 127 Cal.

232, 59 Pac. 577. Motion for nonsuit.

Cited in Allen v. Florence & C. C. R. Co. 15 Colo. App. 214, 61 Pac. 491, holding plaintiff entitled to every legitimate inferenct deducible írom evidence upon motion for nonsuit. Duty to furnish safe place to work and to warn of dangers.

Cited in Tedford v. Los Angeles Electric Co. 134 Cal. 80, 54 L. R. A. 92, 66 Pac. 76, holding it duty of electric company to warn of danger, inexperienced employee hired to dig holes, repair poles, and work among wires.

Cited in footnotes to Ellsworth v. Metheney, 51 L. R. A. 389, which holds mine owner required to properly guard electric wire in passageway where miners accustomed to go; Finn v. Cassidy, 53 L. R. A. 877, which holds safe place per se not provided by contractor having employees work in tunnel under foundation of chimney, with knowledge that undisturbed earth saturated with water. Vice principalship as determined by injury.

Cited in note (54 L. R. A. 151) on vice principalship as determined with reference to character of act which caused injury. Contributory negligence.

Cited in Swensen v. Bender, 51 C. C. A. 663, 114 Fed. 7, holding inexperienced servant not guilty of contributory negligence, as matter of law, by working in tunnel not properly timbered, where master assured him that place was safe.

1110

L. R. A. CASES AS AUTHORITIES.

[17 L. R. A.

Cited in footnote to Neeley v. Southwestern Cotton Seed Oil ('0. C4 L. R. A. 146, which holds contributory negligence of employee in using defective ladder to adjust belt after complaining to manager and being told that it was all right, question for jury.

47 L. R. A. 601, ROMEO V. MARTUCCI, 72 Conn. 504, 77 Am. St. Rep. 327, 45

Atl. 199.
Factor's right to sell goods.

Cited in Foerderer v. Tradesmen's Nat. Bank, 46 C. C. A. 245, 107 Fed. 220, denying owner's right of recovery for wool seized in replevin by creditor of factor and acquired from another factor by stipulation to retain wool and pay value.

Cited in footnote to M. M. Walker Co. v. Dubuque Fruit & Produce ('o. 53 L. R. A. 775, which sustains factor's power to sell principal's goods on reasonable credit.

Rights of purchaser from one without title.

Cited in Harrison v. Clark, 74 Conn. 23, 49 Atl. 186, holding that one who owns horse and gives it to creditor to put in possession of third party to keep till debt is paid has title superior to vendee from such third person, whom creditor directed to sell, stating horse to be his own.

Cited in footnote to Oliver Ditson (o. v. Bates, 57 L. R. A. 289, which sustains lessor's right to piano purchased from retail dealer leasing it, two years after sale.

47 L. R. A. 608, WALLING v. CHRISTIAN & C. GROCERY CO. 41 Fla. 479,

27 So. 46. Right of married woman to sue or contract.

Cited in footnotes to Williams v. Pope Mfg. Co. 50 L. R. A. 816, which sustains nonresident married woman's right to bring in own name, according to law of domicil, action for tort to her person; Thompson v. Taylor, 54 L. R. A. 585, which holds written promise of married woman, valid where made, enforceable in New Jersey, though void if made therein.

Cited in note (57 L. R. A. 514, 524) on contlict of laws as to capacity of married woman to contract. What laws govern.

Cited in footnote to Smith v. Ingram, 61 L. R. A. 878, which holds law of place where land located governs as to privy examination of married woman.

47 L. R. A. 614, CAHILL v. MARYLAND L. INS. CO. 90 Md. 333, 45 Atl. 180.

47 L. R. A. 617, COLTON v. MAYER, 90 Md. 711, 78 Am. St. Rep. 456, 45 Atl.

874. Recovery of corporate assets and offsets thereto.

Cited in James Clark Co. v. Colton, 91 Md. 216, 49 L. R. A. 706, 46 Atl. 356, holding that payment by insolvent bank of note on which directors are indorsers may be recovered by receivers as fraudulent preference; Cahill v. Original Big Gun Beneficial & Pleasure Asso. 94 Md. 355, 89 Am. St. Rep. 434, 50 Atl. 1014, holding that stockholders liable to corporate creditors to extent of shares of 597-627.]

L. R. A. CASES AS AUTHORITIES.

1111

stock, may set off debt due him by corporation; Strauss v. Denny, 95 Md. 694, 53 Atl. 571, holding stockholder required to pay receiver of bank amount of note declared to be preference, on which he was indorsee, may offset amount against his liability as stockholder. Effect of failure to Ale receivership bill.

Cited in James Clark Co. v. Colton, 91 Md. 206, 49 L. R. A. 702, 46 Atl. 386, holding that failure to file receivership bill confers no rights upon corporate officers at whose instance court made decree of dissolution.

47 L. R. A. 622, COVINGTON v. BUFFETT, 90 Md. 569, 45 Atl. 204.

47 L. R. A. 624, LAKE STREET ELEV. R. CO. v. CHICAGO, 183 IUI, 75, 55 N.

E. 721.
Liability of railway for paving assessment.

Cited in footnotes to Chicago, R. I. & P. R. Co. v. Ottumwa, 51 L. R. A. 763, which denies liability of railroad running along side of street to street-paving assessment; Fielders v. North Jersey Street R. Co. 59 L. R. A. 455, which holls void, ordinance requiring street railway companies to pave and keep in repair, space between tracks. Description of property assessed.

Cited in South Chicago City R. Co. v. Chicago, 196 III. 496, 63 N. E. 1046, holding assessment petition describing property as “right of way, franchise, and in. terest of railway company in and upon certain streets,” sufficiently definite Railroad right of way as “landed property."

Cited in footnote to United R. & Electric Co. v. Baltimore, 52 L. R. A. 772, which holds railroad right of way and tracks not within provision as to increasing taxation on "landed property.”

47 L. R. A. 627, STATE v. OHIO OIL CO. 150 Ind. 21, 49 N. E. 809.

Affirmed in 177 U. S. 190, 44 L. ed. 729, 20 Sup. Ct. Rep. 576. State's right to sue.

Cited in State ex rel. Delmar Jockey Club v. Zachritz, 166 Mo. 314, 89 Am. St. Rep. 711, 65 S. W. 999, denying writ of prohibition judge exercising jurisdiction of action by attorney general to cancel license fraudulently obtained. Gas as property.

Cited in Chandler v. Pittsburgh Plate Glass Co. 20 Ind. App. 167, 50 N. E. 400, holding grantee of land entitled to rents accruing under gas lease. Prohibiting waste of gas or water.

Followed without discussion in Ohio Oil Co. v. State, 150 Ind. 698, 50 N. E. 1124.

Cited in Lippincott Glass Co. v. Ohio Oil Co. 150 Ind. 695, 49 N. E. 1106, holding that glass company may enjoin gas company from wasting natural gas, diminishing fuel supply to injury of business; Huber v. Merkel, 117 lis. 3 57, 62 L. R. A. 595, 98 Am. St. Rep. 933, 94 N. W. 354, holding that police pwer does not justify legislation proibiting waste of water from artesian weils.

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