plea setting out his name in full, with an averment that the same was known to the grand jury.-Gerrish v. The State, 53 Ala. 476. 3. An indictment for administering a poisonous substance (strychnia) with intent to kill, must aver that the defendant well knew the said substance to be a deadly poison.-State v. Yarborough, 77 N. C. 524. Indorser.-See Payment. Infant.-An infant cannot be a justice of the peace. Ex parte Golding, 57 N. H. 146. Injunction.-1. A tax-payer of a county may maintain a bill to restrain the county commissioners from publishing, at the expense of the county, the list of delinquent taxes in a newspaper other than that authorized by law for such purpose.-Sinclair v. Commissioners of Winona County, 23 Minn. 404. 2. The owner of a ferry franchise may have an injunction to restrain other persons from running, without license from the State, another ferry which takes away passengers from his.—Midland Terminal & Ferry Co. v. Wilson, 28 N. J. Eq. 537. Insurance (Fire).-1. A policy required notice to be given to the insurers of any mortgage made on the property. Held, that the assured must give actual notice, at his peril; and that a notice sent by mail to the insurers, postage paid, but never received by them, was not sufficient. Plath v. Minnesota Farmers' Insurance Association, 23 Minn. 479. 2. A policy provided that in case of loss the insurers might rebuild, on giving notice of their election so to do within thirty days. Held, that although they had not given notice within that time, they might afterwards rebuild, instead of paying the loss, if the assured consented, and notwithstanding his creditors objected.-Stamps v. Commercial Ins. Co., 77 N. C. 209. See Railroad; Vendor and Purchaser. Insurance (Life)—1. A policy of life insurance was conditioned to be void on default of payment of any assessment within thirty days from date of notice thereof. Held (1), that the time was to be reckoned from and exclusive of the day on which the assured received the notice; (2), that by his death within that time the insurer's liability was fixed, and was not avoided though the assessment was not paid within the time.-Protection Life Ins. Co. v. Palmer, 81 Ill. 88. 2. A life insurance policy was conditioned to be void if death should happen while the assured was, or in consequence of his having been, under the influence of intoxicating drink. Held, that if the assured was drunk when he died, the policy was avoided; and that it was immaterial whether or not the drunkenness. was the cause, proximate or remote, of the death.-Shader v. Railway Passenger Assurance Co., 66 N. Y. 441. Intent.-See Evidence, 8. Interest.-A promissory note bearing interest at less than the legal rate will carry interest at the legal rate, as damages, after maturity.— Moreland v. Lawrence, 23 Minn. 84. Judge. A judge is liable for conspiring to institute a malicious prosecution in his own court.-Stewar v. Cooley, 23 Minn. 347. See Infant; Search-warrant. Judgment.-1. A joint warrant of attorney to of one of the debtors; but judgment may be confess judgment is not revoked by the death entered on it against the survivors.-Croasdell v. Tallant, 83 Penn. St. 193. 2. A joint conviction of two is a several conviction of each; and if one of the two is afterwards convicted of a like offence, he may properly be sentenced as for a second offence.— State v. Brown, 49 Vt. 437. Juaicial Sale.-See Adjournment. Justice of the Peace.-See Infant. Landlord and Tenant.-1. A landlord having a lien for rent on the crop grown by his tenant may maintain an action against a stranger who removes the crop, with notice of the lien, although without any intent to defraud him of the benefit of it.-Hussey v. Peebles, 53 Ala. 432. 2. The owner of a building, having let the upper stories, neglected to repair a drain in the cellar, whereby the whole building was rendered unhealthy. Held, that the tenant might treat this as an eviction, quit the building, and refuse to pay rent.-Alger v. Kennedy, 49 Vt. 109. See Covenant; Evidence, 6. Larceny. The finder of lost property, who feloniously converts it to his own use, animo furandi, is guilty of larceny, though he does not know who the owner is, if he has the means of finding him out, or has reason to believe, and does believe, that he will be found. -State v. Levy, 23 Minn. 104. was plain from the whole instrument that the trustees must take a fee in order to execute the trust. Held, that the mortgage should be reformed by inserting words of inheritance; Lease. See Covenant; Evidence, 6; Trust, 2; subsequent incumbrancers being affected by Vendor and Purchaser. Libel.-In an action for publishing a libel in a newspaper, the defendant may show, in mitigation of damages, that he copied it from other newspapers.-Hewitt v. Pioneer Press Co., 23 Minn. 178. License.-See Game. Lien.-See Mechanics Lien. Life Insurance.-See Insurance (Life) Limitations, Statute of-1. Six years, in the Statute of Limitations, means six calendar years, and not a period of so many days as are contained in six calendar years, if Sundays (when no process can be served) are not counted.-Bell v. Lamprey, 57 N. H. 168. 2. A debtor delivered to his creditor, in part payment of his debt, the promissory note of a third person, which was duly paid at maturity Held, that this was a sufficient acknowledgment of the debt to suspend the operation of the Statute; but that the Statute began to run again from the time when the note was delivered to the creditor, and not from the time when it was paid.-Smith v. Ryan, 66 N. Y. 352. Lord's Day.-See Limitations, Statute of, 1; Trial, 1. Malicious Prosecution.-See Judge. Mandamus.-A statute directed the commissioner of highways to open V. Street, in Philadelphia. To a mandamus requiring him to do so he returned that there was no such street. Held, on demurrer, that the return was good, though it contradicted the statute.Commonwealth v. Dickinson, 83 Penn. St. 458. See Corporation, 3. Marriage-See Divorce. Measure of Damages.-See Damages. Mechanics' Lien-Furnishing materials and labor in putting a lightning-rod on a house, is not furnishing materials and labor "in building, altering, repairing, or ornamenting" the house, within the meaning of mechanics' lien law. -Drew v. Mason, 81 Ill. 498. Misnomer.-See Evidence, 5; Indictment, 2. Mistake.-A mortgage of a railroad to trustees was made and recorded. By inadvertence, words of inheritance were omitted; but it the record with notice that a mortgage in fee was intended to be made.-Randolph v. New Jersey West Line R. R. Co., 28 N. J. Eq. 49. See Evidence, 5. Municipal Corporation.—1. A city was authorized by its charter to obtain by contract or purchase the wharves within its limits, with power to raise a revenue from the same by establishing and collecting rates of dockage. Held, that the city had no power to acquire a wharf to be used by the public, free of charge.— Mayor, &c., of Mobile v. Moog, 53 Ala. 561. 2. A town, authorized by its charter to suppress and restrain billiard-tables, may license them.-Winooski v. Gokey, 49 Vt. 282. See Bona Fide Purchaser. Murder. See Evidence, 1, 3. Name.-See Evidence, 5; Indictment, 2. Negligence.-1. Action by a child three years old to recover for injuries caused by defendants' negligence. Held, that negligence of the child's parents was no defence.-Government Street R.R. Co. v. Hanlon, 53 Ala. 70. 2. A. invited B. to drive with him, and they were both injured at a railroad crossing, by the negligence of the railroad. Held, that B. might recover damages whether or not A. was negligent, he being a competent driver, so that B. was not negligent merely in going with him.— Robinson v. New York Central R. R. Co., 66 N. Y. 11. See Carrier 3, 4; Railroad. Negotiable Instruments.—Interest coupons on negotiable bonds of a corporation, payable to bearer, at a specified time and place, are negotiable separately, and are entitled to grace; and one who buys them within three days after the time specified for payment is a purchaser before maturity. But if not made payable to bearer, or order, they are not negotiable, nor entitled to grace.-Evertsen v. Nat. Bank of Newport, 66 N. Y. 14. See Bank; Interest; Payment. Notice. See Insurance (Fire), 1, 2. Officer.-An officer is not bound to execute process which is voidable, though regular on its 274 face, and no action lies against him for refusing Parent.-See Negligence, 1.. Fixture, 2; Foreign Attachment, 1, 2; Negligence, 1, 2; Tax, 2; Trust, 1, 2. Rape.-See Evidence, 1. Receiver.-See Foreign Attachment. Reprieve.-By statute, a reprieve granted to condition whatever, shall be accepted in writing any person under sentence of death, on any by the prisoner. Held, that the governor might grant a respite without conditions; that such reprieve need not be accepted; and that it might properly fix a future day for execution, which should then be done without further Payment.-Where a promissory note held by a bank, in which the maker is a depositor, is dishonored, and the indorser is duly notified, and the maker afterwards makes a deposit on his current account, the bank is not bound to apply it in payment of the note, and the indorser is not discharged.-Nat. Bank of New-order of the court.-Sterling v. Drake, 29 Ohio burgh v. Smith, 66 N.Y. 271. See Limitations, Statute of, 2. Presumption. The law will not presume that Proximate and Remote Cause.-Plaintiff owned houses fronting on a street, on the other side of which was a river. Defendants, a railway company, occupied with tracks and buildings the street, and land beyond, which they made by partly filling up the river. Plaintiff's houses took fire, and were destroyed, the engines and firemen being unable to reach the river by reason of the obstructions caused by defendants. Held, that defendants' acts were not the proximate cause of plaintiff's loss; so that even if such acts were unlawful, defendants were not liable for the loss.-Bosch v. Burlington & Missouri R. R. Co., 44 Iowa, 402. Quo Warranto.-1. The Constitution provides that any candidate for office guilty of bribery shall be disqualified for holding office. Held, that an officer might be removed by quo warranto for obtaining his election by bribery, without being first convicted of the offence on an indictment.-Commonwealth v. Walter, 83 Penn. S. 105. Railroad.--Where a statute made railroad companies liable for all damages caused by fire from their locomotives, and gave them an insurable interest on property exposed along their lines, held, that they were liable as insurers, and that it was immaterial whether the owner of property so damaged was negligent or not.-Rowell v. Railroad, 57 N. H. 132. St. 457. Rescission. A chattel was sold with warranty, ed if not satisfactory. and with an agreement that it might be returnhad a double remedy, and might sue on the Held, that the purchaser warranty, though he had offered to return the chattel; the right to return being in pursuance, and not in avoidance, of the contract.-Kimball Manuf. Co. v. Vroman, 35 Mich. 310. Revocation.-See Agent, 2; Judgment, 1. of quality, but merely that the goods are of the Sale.-A sale by sample implies no warranty Boyd v. Wilson, 83 Penn. St. 319. same kind as the sample, and merchantable. See Agent, 1; Corporation, 2; Rescission. face to authorize the search of a dwelling-house of. Statute of Limitations.-See Limitations, Statute Stock.-See Trust, 3. Sunday. See Limitations, Statute of, 1; Trial, 1. Surety. A promissory note indorsed, due and the maker and indorser of the note to secure unpaid, was replaced by a bond executed by the same debt. Hela, that the indorser, though on the bond.-Merriken v. Godwin, 2 Del. Ch. in form a principal, was in equity only a surety 236. Tax.-1. A depositor in a bank took from the bankers a writing acknowledging the receipt of a certain sum equal to the amount of his See Carrier, 1, 3, 4; Contract; Damages, 2; deposit in United States bonds not taxable, and promising to return the same on demand. land owned by it, and other land of which it Held, that this contract was lawful, though | had a lease, wherein it covenanted to pay the made for the express purpose of avoiding taxation on the deposit.—Stilwell v. Corwin, 55 Ind. 433. 2. A tax on gross receipts of railroad companies was held to be a tax on the franchises and not on the property of the companies, and, therefore, not forbidden by the Constitution, which requires all direct taxes on property to equal and uniform throughout the State. -State v. Philadelphia, Wilmington & Baltimore R. R. Co., 45 Md. 361. 3. A statute authorizing assessments for sewers on such lots as the city council should determine to be increased in value by the improvement, in proportion to their superficial area, held, unconstitutional.-Thomas V. Gain, 35 Mich. 155. 4. Action on a promissory note, the consideration of which was a license to cut timber on plaintiff's land in another State. Defence, that the consideration had failed, by reason of a sale of the land for non-payment of taxes by plaintiff. Held, that defendant must prove not only that the land was in fact so sold, but that all the proceedings in levying the tax and in the sale were regular.-Bisbee v. Torinus 22, Minn. 555. 5. Tax acts are presumed not to intend the imposition of a double burden; and, therefore, where the whole capital stock of a national bank was taxable and taxed under State laws, it was held that no further tax on the real estate occupied by the bank for its business could be levied, there being no law expressly authorizing it.-Commissioners of Rice County v. Citizens' Nat. Bank, 23 Minn. 280. 6. Notice of the sale of land for non-payment of taxes is required by statute to be posted in some public place in the town or place where the land is situated. A tax sale of land in a settlement was held void when no notice had been posted anywhere in the settlement, though the settlement consisted only of six houses on separate farms, and contained no church, school-house, inn, shop, sign-post, or public highway.-Cahoon v. Coe, 57 N. H. 556. 7. By statute, all buildings belonging to charitable institutions, together with the land actually occupied by them, are exempt from taxation. A charitable corporation occupied taxes. Heid, that the former land was not taxable, but that the latter was.—Humphries v. Little Sisters of the Poor, 20 Ohio St. 201. Telegraph.-See Constitutional Law, 2. Tender.-1. A tender of the amount due on a promissory note secured by mortgage, made on the condition that the mortgage should be cancelled, is not sufficient.-Storey v. Krewson, 55 Ind. 397. 2. A tender of a debt due, without costs, if made before a writ has been served on the debtor, though after it has been sued out and delivered to an officer for service, is sufficient.Randall v. Bacon, 49 Vt. 20. Time.-See Insurance (Life), 1; Limitations, Statute of, 1. Toll.-See Corporation, 1. Trial.-1. A case was committed to a jury on Saturday night. Held, that the court might come in and receive their verdict on Sunday.Reid v. The State, 53 Ala. 402. 2. Semble, that the admission of incompetent evidence is not cured by a subsequent instruction to the jury to disregard it.—Sceipps v. Reilly, 35 Mich. 371. 3. Where the judge at nisi prius suffered counsel, in opening the case, to read, against objection, papers not admissible in evidence, held, that this was such an abuse of his discretion as to require the granting of a new trial.— Ibid. Trust.-1. A railroad corporation mortgaged its road to a trustee to secure payment of its bonds. After the trustee had taken possession of the road for default in payment of the bonds, he bought large quantities of the bonds, and afterwards sold them at an advance. Held, that he was bound to account to the corporation for the profits so made by him.-Ashuelot R. R. Co. v. Elliot,5 7 N. H. 397. 2. He also leased land of the corporation to another corporation of which he was a director. Held, that the lease was voidable, but that the lessees should be allowed for improvements made by them.—Ibid. 3. A corporation increased its capital, allowing each stockholder to take at par as many new shares as he held of the old. A fund had been invested in the stock in trust for a person for life, remainder over. The trustees sold part of their "options" to take the new shares, and bought new shares with the proceeds. Held, that the shares so bought went to the remainderman. Moss's Appeal, 83 Penn. St. 264. 4. A trustee may be entitled on the termination of the trust to receive compensation out of the principal fund, in addition to his commissions on the income.-Biddle's Appeal, 83 Penn. St. 340. See Charity; Husband and Wife. Ultra Vires.-See Bank, 1, 2; Municipal Corporation, 1. Usage. See Evidence, 2. Vendor and Purchaser.—Buildings demised by lease, giving the lessee the option to purchase, and insured for the lessor's benefit, were burned during the term, the rent being in arrear and the lessor collected the insurance. Held, that the lessee could not afterwards, by exercising his option to purchase, require the insurance money to be applied to satisfy the rent in arrear and the purchase money.-Gilbert v. Port, 28 Ohio St. 276. costs, if he does attend, are not taxable in the GENERAL NOTES. ADVERTISEMENTS sometimes write the history of a people or class as completely as do the inscription and characters found on Egyptian monuments, indicate to us the every-day life and customs of a people long departed. And we learn from an inspection of the advertising columns of the London Law Times how our professional brethren across the water manage many things. The purchase and sale of an established "Law Practice" seems to form quite an element of trade, judging from the numerous notices. In most instances the value of the practice, i. e. for a consideration, of an interest as partner in the yearly income is given. Again, the purchase, a law firm is of frequent occurrence in the column devoted to "wants." Others advertise themselves as professional costs draftsmen and accountants, while not a few " admitted". lawyers advertise for situations as "managing clerk." No professional cards of Attorneys Way. When one grants a private right of and Solicitors, as are seen in American publicaway over his land, he is not necessarily debarred tions, are found, and no member of the from erecting gates across the way; but whether profession advertises "special attention" given to any particular branch of the law, while it is reasonable and proper to do so is a ques-Touting" in the profession is regarded as it Verdict. See Trial, 1. Waiver. See Corporation, 3. tion for the jury.-Baker v. Frick, 45 Md. 337. See Eminent Domain; Mandamus. Will-At common law, the marriage of a feme sole revokes her will; and her husband's consent to the probate of a will made by her before marriage does not make the will valid, but all her personal property not reduced to possession by her husband during her lifetime is to be distributed among her next of kin.-In re Carey, 49 Vt. 236. Witness.-1. A physician may be compelled to testify as an expert, without payment of anything beyond the ordinary witness fees. Ex parte Dement, 53 Ala. 389. 2. A resident of a foreign State, while attending court as a witness, cannot lawfully be served with a summons in a civil action, even though he is not arrested.-Person v. Grier, 66 N. Y. 124. 3. Where the law provides no means for compelling a witness to appear before a justice of the peace and give his disposition, and his should be everywhere, as unworthy the dignity of a lawyer.-Chicago Legal News. WOMEN IN THE COURTS.-The London Law Times says: "The Master of the Rolls does not appear to have approved of Mrs. Besant having determined to conduct her own case before his Lordship. The question is as to the custody of her infant child. Hence the following inquiry by the learned judge when Mrs. Besant did lady really appear in person? appear before him: His Lordship.-Does the Ince believed So. His Lordship.-This certainly is not a case to be argued by a lady in person. Ince said it was not for him to express any opinion upon it, whatever opinion he might entertain. His Lordship.-But it is for me; I consider it would be a shocking waste of the time of the court, and very likely it would be useless for the lady to attempt to argue the case, as it involves some very nice points of law. Has she a solicitor? Ince.-Yes my Lord. His Lordship.-Is he in court? Mrs. Besant.-No my Lord, he is not in court. Some solicitors are exercised in mind as to what was his Lordship's object in inquiring for the solicitor, and what course he would have taken, had the solicitor been present." |