(PROPERTY RIGHTS; WILLS; LIENS.) wire carrying a dangerous current. 267. Explosions. (R. I.) | failure to exercise reasonable diligence in looking after the persons and property of passengers while asleep on its cars, on account of which the property of a passenger is stolen. (Ala.) 767. The owner of nitroglycerine is held to be in substance an insurer against injuries by its explosion, and is held liable for damages thus caused, though he is not chargeable with negligence contributing to the explosion, and has not violated any provision of law regulating its storage. (Ohio) 658. Fast driving. Firemen driving to a fire are held not bound by an ordinance limiting the speed of vehicles on streets. (Kan.) 429. Passenger's negligence. crowded street car, steps upon a track in A passenger who, on alighting from a front of another car which has given no signal of its approach, is held to be not guilty of negligence. (Wash.) 169. A passenger alighting from a train at a regular stopping place, and immediately starting across an intervening track for the station, is held not to be chargeable with the duty to look and listen for trains. (N. J.) 671. Standing on the platform of a street car with one's back against the dashboard is held not to be necessarily negligent. (III.) 108. Negligence at railroad crossing. A person approaching a railroad crossing where a train stands on a side track, discharging or receiving passengers, is held not to be guilty of contributory negligence in attempting to cross the main track without stopping, looking, or listening, when he knows of a rule of the carrier that an approaching train must stop before reaching the station when another train is receiving or discharging passengers. (Pa.) 261. VII. PROPERTY RIGHTS; WILLS; LIENS. Boundary by water. Conveyance to high-water mark is held, in Virginia, by operation of law, to carry title to low-water mark, unless the contrary intent is clearly shown. (Va.) 227. Fraudulent deed. in paying the assessment, even as against the lessor. (Ohio) 662. Reciprocal easements by prescription. The claim that the long maintenance of a dam creates reciprocal easements such that a riparian owner may compel the continued The right of grantees to have a deed sus- maintenance of the dam, notwithstanding tained against the grantor's creditors on the the proprietor's wish to abandon it, is deground that the grantor took a conveyance nied where the dam is of a perishable charfrom them on a secret trust for them is de-acter, and its maintenance involves the posnied on the ground of estoppel. (Iowa) sibility of liability for persons injured by its 209. bursting. (Minn.) 218. Earnings of mortgaged property. As between the mortgage bondholders and general creditors of a corporation it is held that the latter are entitled to the earnings of the company before actual possession is taken of the property by a mortgage trustee or receiver. (N. Y.) 132. Crops. Crops planted by one in possession under a bond for title, after he has refused to comply with his contract to purchase, and the vendor, having tendered a good title, has begun an action to foreclose the bond, are held to belong to the vendor. (Or.) 642. Leasehold. The owner of a lease for ninety-nine years, renewable forever, is held to be the owner of the property under the Ohio statutes respecting petitions for local improvements, so that his signature alone may be sufficient to justify an assessment which will bind the property and sustain a sale of it for default' Trusts. A deed creating a trust for a married woman free from her husband's control and debts, and subject to disposal as she may direct or appoint by will or other writing, is held to give her an equitable fee simple, which descends to her heirs in default of her directing any disposal of the property, although the deed of trust provides that, if she leaves the property without directing its disposal, the trustee shall convey it to her husband, his heirs or assigns. This decision is based on the principles that the abso lute power of disposition precluded any executory devise or limitation over. (Mo.) 53. A deed by a trustee to a third person in contravention of the trust is held not to be void as matter of law, but the legal title is held to pass subject to disaffirmance by a court of equity or the securing of the purchase price for the benefit of the cestui que trust. (Ala.) 66. Interference with foreign corporations. A case refusing to interfere with the internal management of a foreign corporation is one in which an attempt was made to enjoin an alleged illegal assessment by a mutual insurance company. (Va.) 621. The jurisdiction of a court to interfere with the management of a foreign corporation is again denied in a suit to restrain the levying of assessments on a member of a foreign insurance corporation, in the absence of fraud, although the court says that in case of fraud it might take jurisdiction, as well as in a case to recover the amount -due on the policy after the company had attempted to forfeit it. (N. C.) 853. Setting aside judgment. A suit in equity is sustained in a state -court to set aside a judgment obtained in a Federal court by fraudulent pretense of diverse citizenship of the parties as a basis of jurisdiction: (Mo.) 386. Limitations. A statute shortening the period of limi tations is held unconstitutional if it does not provide a reasonable time for bringing an action after the act goes into effect, even if there are several months between the pas(N. sage of the act and its taking effect. Y.) 118. The defense of the statute of limitations when the statute merely gives a defense and does not vest property is held to be subject to be taken away by repeal of the statute or otherwise, and not to be a vested right. (W. Va.) 609. Sale of infant's property. Jurisdiction of chancery over the estates of infants is held to extend to the sale of the entire property of an infant, where it is held in trust during the life of the infant's mother, although the trust does not extend to the legal fee in remainder. (Ga.) 712. Garnishment. A debtor garnished outside of the state of his residence is held not to be protected from suit in favor of his creditor, when he pays the debt to a representative of the foreign claimant after returning to his domicil and Mandamus to compel the erasure from journals of the legislature of false entries showing the passage of a statute is held to be the only adequate remedy for a person who will be subject to fine or imprisonment if the statute is valid. (Ala.) 772. The duty of a street-railway company to maintain and operate the road for the benefit of the public is held to be enforceable by mandamus. (N. J.) 837. Mandamus to compel service by a telephone company at less rates than it demanded, on the ground that it demands unreasonable compensation, is denied, where there has been no fixing of the reasonable rates by the legislature or under its authority. (Neb.) 113. Enforcing liability of stockholders. An assignee for creditors of a foreign corporation is held entitled to sue to recover a pro rata share of unpaid stock subscriptions of domestic shareholders on behalf of all the creditors of the corporation, and such suit is held not to depend on the law of the state in which the assignment was made, although the statute provides for such a suit. Y.) 551. Res judicata. (N. A judgment by default in an action by a physician for compensation is held to be no bar to an action by the patient against the physician for malpractice. (Minn.) 541. Surety's right. A surety who has paid a judgment against himself and cosureties on account of the principal's debt is held entitled to an asa basis of contribution signment of it as from cosureties, and the satisfaction of it will not inure to the benefit of a nonpaying surety. (Mont.) 285. (CRIMINAL LAW AND PRACTICE.) it, or the relation of the sender and addressee. (N. C.) 160. The measure of damages for a telegraph line over a railroad right of way is held, overruling a former case, to be, not the value of the land between the posts and under the wire, but the extent to which the value of its use by the railroad company has been diminished. (Miss.) 223. Exemption of homestead. A homestead is held not subject to execution upon a judgment for use and occupation of other land under an apparent title. (Ala.) 804. Attorney's fee. A statutory provision allowing attorney's fees in favor of a successful plaintiff in a mechanic's lien case, but not to a successful defendant, is held constitutional. (Fla.) 201. Computing dividends. A creditor of an insolvent bank who has received a part of his claim out of dividends and a further share by enforcing the liabil ity of stockholders is held to be entitled to have subsequent dividends computed upon the original claim. (Cal.) 863. IX. CRIMINAL LAW AND PRACTICE. False pretenses. The theory that false pretenses must be such as would deceive a person of ordinary prudence is repudiated, overruling prior de-a cisions, by an Indiana case. (Ind.) 424. Sunday sports. A statute prohibiting the playing of baseball on Sunday when any admission fee is charged is sustained against attacks on several constitutional grounds. (Ind.) 504. Combination to fix rates. A combination to fix insurance rates is held not to be indictable either at common law or under the Kentucky statutes, although it may be void as a contract. (Ky.) 355. Homicide. Former jeopardy. A conviction for selling intoxicating li quors to a minor is held not to be a bar to prosecution for selling the same liquors. without a license. (Ky.) 858. An acquittal of a criminal charge is held to be a bar to a prosecution of the accused for perjury in swearing that he did not commit the offense. (Ky.) 216. Confronting witness. A constitutional right of an accused person to be confronted by witnesses against him is held to be violated by placing him 24 feet from a child who is testifying against him, in such a position that he can neither see nor hear the witness nor see the jury. (Utah) 638. Parole. The parole of a convict is held to be in the The right to plead self-defense is held not nature of an additional burden, and a sumto be taken away by the fact that the ac-mary arrest for violation of the parole and cused provoked the difficulty and was carry the return of the convict to custody is held ing a dangerous weapon, which he used, if not to violate any constitutional guaranties he did not provoke it with intent to kill or governing the arrest and trial of criminals. do great bodily harm, or as a mere pretext (Ala.) 502. for wreaking his malice. (Tenn.) 687. The suicide of a person who was mortally wounded, and who was suffering great pain, is held not to relieve his assailant from liability for manslaughter. (Cal.) 783. 45 L. R. A. Excessive sentence. Excess in a sentence imposed by a court which has jurisdiction is held insufficient to make the sentence void, except as to the ex(S. D.) 136. cess. INDEX TO NOTES. (The General Index follows this.) Assignment. See BANKRUPTCY. Bail; condition in execution of bond Bankruptcy; relation of bankrupt law to assignments and insolvent proceedings under state laws:-(1.) Provisions of the various bankrupt laws; (II.) an assignment for creditors as an act of bankruptcy; (III.) effect of bankrupt law on assignments for creditors: (a) cases under the bankrupt act of 1841; (b) cases under the bank. rupt act of 1867: (1) where no bankrupt proceedings were instituted; (2) where bankrupt proceedings were instituted, but the assignment was not attacked; (3) where the assignment was not attacked in time by bankrupt's assignee; (4) where the assignment was attacked in time by bankrupt's assignee; (5) effect on intervening judgments and executions; (6) allowances to assignee for creditors where the assignment was avoided; (c) cases under bankrupt act of 1898; (IV.) effect of bankrupt law on insolvent proceedings under state laws: (a) on subsequent proceedings; (b) on pending proceedings; (c) on proceedings after the repeal of the bankrupt law; (d) on proceedings for arrest; (V.) proceedings for a receiver as affected by bankrupt law; (VI.) effect of creditors' bill or supplementary proceedings as against bankrupt proceedings; (VII.) effect of an assignment for creditors on the right to a discharge in bankruptcy 334 177 cret profit; (VIII.) negligence of broker: (IX.) agreement to divide commissions; (X.) by purchase of property; (XI.) double commissions: (a) general rule; (b) reasons for the rule; (c) custom or usage; (d) poolIng arrangements; (XII.) exceptions. to rule: (a) general; (b) knowledgeor consent; (c) mere middleman; (XIII.) as affecting purchaser; (XIV.) miscellaneous cases; (XV.) burden of proof Certiorari; to review excessive sentence 158 Condition; in execution of contract 321 Constitutional law; vested right in de fense of statute of limitations:-(I.) Consuls. of general 33 609. See DIPLOMATIC AND CONSULAR OFFICERS. Contracts; conditional execution of contract under parol agreement that it shall not take effect until others have signed it :-(I.) Scope of the subject. (II.) bonds: (a) rule that nonperformance of condition vitiates; (b) rule that validity depends upon knowledge or notice; (c) rule when bond is. joint; (d) what a sufficient condition; (e) knowledge of, or notice to, obligee (1) effect of; (2) sufficiency of; (3) evidence of: (f) waiver and estoppel; (g) particular classes of bonds: (1) application rules; (2) bonds for payment of debts; (3) bonds of contractors; (4) bonds of employees; (5) appeal bonds; (6) bonds In attachment, execution, etc.; (7) bail bonds; (8) revenue bonds; (9) official bonds, generally; (10) bonds of sheriffs, deputies, constables, etc.: (11) treasurers' bonds; (12) collectors' bonds; (13) guardians' bonds; (14) bonds of executors and administrators; (15) miscellaneous unclassified bonds: (III.) conveyances; (IV.) ordinary contracts or agreements; (V.) negotiable instruments: (a) conflict of authority as to; (b) rule that failure to perform condition vitiates instrument; (c) rule that failure to perform is no defense; (d) the condition; sufficiency and waiver; (e) notice of condition; (VI.) non-negotiable notes 321 Corporations. See also RAILROADS. 392 (II.) under statutes; (III.) extent tence:-(I.) Introduction; (II.) gen- 446 tence served; (d) judgment reversed Evidence; burden of proof of freedom Burden of proof of fraud of broker plementary proceedings Former jeopardy. See CRIMINAL LAW. 136 858 579 481 706 193 |