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ALIEN. The children of an alien who dies after making the primary declaration of intention to become a citizen, but before naturalization, may take lands by descent from their father. – Schrimpf v. Settegast, 38 Tex. 96.
ALIMONY. 1. The court will grant alimony to a wife, in a proper case, though no divorce is sought. — Graves v. Graves, 36 Iowa, 310.
2. But not in an independent proceeding, after a divorce bas been granted. - Wilde v. Wilde; Id. 319. APPEAL. — See BANKRUPTCY; JURISDICTION, 1; RENEWAL OF Suits, 3.
ARREST. — See INDICTMENT, 3.
ARSON. The owner of a house died, leaving heirs. His widow continued to occupy the house. In an indictment for burning it, held, that the ownership of it was properly laid in her. — State v. Gailor, 71 N. C. 88.
ASSAULT. In an action for assault it is no defence that the defendant had an irrevocable license to enter on the land of the plaintiff, who forcibly opposed his entry. Churchill v. Hulbert, 110 Mass. 42. See INDICTMENT, 1.
ASSIGNEE. See PARTIES, 1.
ASSUMPSIT. See INFANT.
BAIL. See Bond.
BANKRUPTCY. A bankrupt having obtained his discharge, against the opposition of a creditor, the creditor filed a petition in the Circuit Court, praying for a reversal of the order of discharge. Held, that no appeal lay to the Supreme Court from the decree of the Circuit Court on such petition. (MILLER and BRADLEY, JJ., dissenting.) — Coit v. Robinson, 19 Wall. 274. See CORPORATION, 1.
BATTERY. — See INDICTMENT, 1.
BETTERMENT. - See Tax, 2.
BILLS AND NOTES. 1. A writing in these words, “ Due C. D. seventeen dollars, value received. A. B.," held, not a “promissory note not negotiable,” within the meaning of a statute limiting the time of suing on such instruments. (FOSTER and PHELPS, JJ., dissenting.) — Currier v. Lockwood, 40 Conn. 349.
2. A man made a promissory note, being fraudulently induced by the payee
to believe that he was signing a different paper. Held, that the note was void, even in the hands of a bonâ fide indorsee before maturity. - Detwiler v. Bish, 44 Ind. 70.
3. A promissory note payable to A. B. or bearer, twelve months after date, or before, if made out of the sale of” a machine, held, negotiable. - Ernst v. Steckman, 74 Penn. St. 13.
4. A city corporation, being in embarrassed circumstances, issued checks drawn on the city treasurer, which were indorsed by him and then received in payment of school taxes, and afterwards sold at a discount, and the proceeds applied to the payment of school expenses. Held, that such checks were not promissory notes, and that the city might set up against a bonâ fide holder any defence which would have been good against the original taker. (CLIFFORD, SWAYNE, and STRONG, JJ., dissenting.) — Mayor of Nashville v. Ray, 19 Wall. 468.
See CONSIDERATION; HUSBAND AND WIFE, 3; SURETY, 1, 4. BONA FIDE PURCHASER. See Bills AND NOTES, 2, 4; CONFEDERATE MONEY,
2; CORPORATION, 3.
BOND. A bail bond was executed by A. B. as principal, conditioned that whereas an indictment had been found against A. B. “now if the above bounden shall appear,” &c., the bond to be void. Held, that the bond was good, notwithstanding the blank, and bound A. B. to appear. - Gorman v. The State, 38 Tex. 112. See SURETY, 2, 3.
BOUNDARY. See JURISDICTION, 2.
BREACH OF PROMISE OF MARRIAGE. An action for breach of promise of marriage is not maintainable if at the time of the promise both parties were married, and known to be so by each other. - Paddock v. Robinson, 63 Ill. 99. See SEDUCTION.
BRIDGE. See NUISANCE.
CARRIER. 1. A soldier, travelling by rail to join the Confederate army, had with him a negro servant, whom the railroad company refused to carry free, as a soldier, but demanded and received payment for transporting. Held, that the contract to carry the negro was not illegal, and that the company was liable for negligence whereby he was injured. — Redd v. Muscogee R.R. Co., 48 Ga. 102.
2. Barrels of oil were sent by rail, and on arrival at the station of their destination were found to be leaky. The carriers admitted their liability for the loss up to that time, but refused to repair the barrels, or to be responsible for any further leakage which might happen in conveying the barrels from the railway station to the consignee's store. Held, that the consignee might refuse to take the oil, and sue the carriers for its value, without paying or tendering freight. Breed v. Mitchell, 48 Ga. 533.
3. By act of Congress (16 Sts. at Large, 458) if any shipper of precious metals or stones contained in any parcel shall lade the same as freight or baggage on any vessel, without giving notice of their value and having the same entered on the bill of lading, the owners of the vessel shall not be liable as carriers thereof. Held, that a passenger travelling with his own personal baggage, which contained dentist's instruments set with gold and jewels, was not a shipper within the meaning of the act. - Brock v. Gale, 14 Fla. 523. See DAMAGES, 1.
CHARITY. Bequest of a sum to be expended according to the directions of the executors for the establishment of a school at M. for the education of children. Held, that this was not a gift for a public charity, and therefore that a suit to administer it, on behalf of the State, could not be sustained. - Attorney-General v. Scule, 28 Mich. 153. CHARTER. — See CORPORATION, 4; MUNICIPAL CORPORATION, 2; Usury.
CHECK. — See BILLS AND NOTES, 4.
COMMON CARRIER. See CARRIER.
CONFEDERATE MONEY. 1. Action on a note made and payable in Alabama in 1864. Plea, a tender made in Confederate money during the war. Held, bad. —- Forcheimer v. Holly, 14 Fla. 239.
2. One who had bought land and paid for it in Confederate money, held, not to be a bonâ fide purchaser for value.
Johnson, 38 Tex. 303. See CONSTITUTIONAL LAW, 1.
- Willis v.
CONFLICT OF LAWS. A man domiciled in North Carolina, being about to marry a woman domiciled in New York, made a settlement which was duly recorded in the latter state, but not in the former, of all her property on her. After the marriage, part of the property was invested in the purchase of land in North Carolina, in the husband's
Held, that the wife could hold it against his creditors. (BYNUM, J., dissenting.) — Hicks v. Skinner, 71 N. C. 539.
CONSIDERATION. Plaintiff holding a note made by P., payable on demand, agreed to give P. time for payment, if he would procure defendant's indorsement on the note; which he did, defendant receiving no consideration for his indorsement, and not knowing of the agreement between plaintiff and P. Held, that there was no consideration for defendant's promise, and that he was not liable on it to plaintiff. - Ellis v. Clark, 110 Mass. 389.
See CONFEDERATE MONEY, 2; CONSTITUTIONAL LAW, 1; CONTRACT, 2.
CONSTITUTIONAL LAW. 1. A clause in a state Constitution annulling contracts the consideration of which was Confederate money, held, unconstitutional. — Forcheimer v. Holly, 14 Fla. 239.
2. A statute authorized counties to levy a tax, and with the proceeds of it to subscribe for and take stock in railroad companies. A later statute required rai våds so aided to issue stock to the persons who had paid such taxes, to the amount by them respectively paid; and provided that such issue should cancel pro tanto the stock held by the county in which the tax-payer lived, issued under the provisions of the former act. Held, that the last act was constitutional. (BUSKIRK and Pettit, JJ., dissenting). - Lucas v. Board of Commissioners of Tippecanoe County, 44 Ind. 524.
3. Women are not entitled to vote by virtue of the Fourteenth Amendment to the Constitution of the United States. — Minor v. Happersett, 53 Mo. 58. See LIMITATIONS, STATUTE OF, 1; STAMP.
CoxstitUTIONAL Law, STATE. 1. The Constitution of Florida, which allows the Governor to require the opinion of the Supreme Court on questions of law, provides that impeachment of the Governor shall suspend him from office until acquittal. Held, that the Governor, while under impeachment, could not require any opinion of the Court. – Opinion of the Justices, 14 Fla. 289.
2. Under the constitutional provision securing to persons accused of crime the benefit of counsel, held, that a judge presiding at a criminal trial had no right to limit the prisoner's counsel to forty minutes for his argument. Hunt v. The State, 49 Ga. 255.
3. The Constitution of a state provided that no person should hold more than one lucrative office at the same time. Held, that this provision did not apply to offices purely municipal, as that of city councilman. State v. Kirk, 44 Ind. 401.
See CONSTITUTIONAL LAW, 1; LIMITATIONS, STATUTE OF, 1; Tax, 2.
CONTRACT. 1. A city ordinance permitted a gas company to lay pipes in the streets, on condition of furnishing gas as cheap as is furnished in ” certain cities named. The
company accepted the terms. Held, that they were bound at any time to furnish gas as cheap as it was then furnished in the specified cities, and not as cheap as it was furnished in those cities when the ordinance was passed. — Worcester Gas Light Co. v. Worcester, 110 Mass. 353.
2. A. and B. were creditors of C. A. agreed to release his claim on C. if B.. would do the same; B. assented, and A. released. Held, that C. might plead this matter in bar of an action by B. on his claim. — Davenport v. First Congregational Society, 33 Wis. 387.
See CARRIER, 1, 2, 3 ; CONFEDERATE MONEY, 1, 2; CONFLICT OF Laws; CONSIDERATION ; CONSTITUTIONAL LAW, 1; COUNTER-CLAIM; FRAUD; FRAUDS, STATUTE OF; ILLEGAL CONTRACT; Infant; MARRIED WOMAN; MASTER AND SERVANT; STAMP, 1; SURETY; USAGE.
CONTRIBUTORY NEGLIGENCE. A passenger in a railway car put bis arm out of the window, and was thereby injured. Held, that he was guilty of such negligence as to bar any action against the railway company. - Pittsburg & Connellsville R.R. Co. v. Andrews, 39 Md. 329. See Way, 3.
CORPORATION. 1. A statute of Connecticut authorized a court of equity to wind up the affairs of, and dissolve, any corporation which had abandoned its business, and neglected to wind up its own affairs. Held, that this power might be exercised in case of a corporation which was chartered by other states as well as by Connecticut, and had gone into bankruptcy. – Hart v. Boston, Hartford, & Erie R.R. Co., 40 Conn. 524.
2. The president of a company, who was also a director, knowing, by reason of his official position, that the company's stock was worth more than its market value, bought stock of a stockholder of the company, for a price below its real value, and without disclosing to him the facts within his knowledge as to its value. Held, that there was no relation of trust between the parties, and that in the absence of actual fraud the purchase was valid. (DOWNEY, C. J., dissenting.)
Board of Commissioners of Tippecanoe County v. Reynolds, 44 Ind. 509.
3. The treasurer of a corporation, whose duty it was to issue certificates of stock, fraudulently issued certificates, regular in form, but not representing any real stock, and pledged them to secure money borrowed by himself. Held, that the corporation was liable to the pledgee, who had no notice of the fraud, for the amount lent by him, with interest. Tome v. Parkersburg R.R. Co., 39 Md. 36.
4. The legislature of North Carolina, in 1863, chartered certain persons as a corporation to hold and invest funds for the education of indigent orphans, sons of soldiers who might be killed or disabled in the service of the Confederate States, and when no such claimants should exist, then of other orphan boys. Held, that the charter was granted in aid of the rebellion, and therefore void. (READE and RODMAN, JJ., dissenting.) Trustees of N. C. Endowment Fund v. Satchwell, 71 N. C. 111.
See ConstITUTIONAL LAW, 2; REMOVAL OF Suits, 1.
COUNTER-CLAIM. A. broke and entered the close of B., with cattle, which ate the grass. Held, that B. might waive the tort, and set up a claim for pasturage of the cattle as a counter-claim in an action of contract brought against him by A. - Norden v. Jones, 33 Wis. 600. COUNTY. - See CONSTITUTIONAL LAW, 2; REMOVAL OF Suits, 1.
COVENANT. See QUIET ENJOYMENT; Tax, 1. CRIMINAL LAW. - See ACCESSORY; ARSON; CONSTITUTIONAL Law, STATE, 2; DEADLY WEAPONS ; EVIDENCE, 3; INDICTMENT; JURY; SEDUCTION.
CROPS. See EMBLEMENTS.
CUSTOM.- See USAGE.
DAMAGES. 1. Action against a common carrier for the loss of baggage, among which was a set of dentist's instruments. Plaintiff claimed as special damages that he was unable, by reason of the loss, to exercise his profession for six months. Held, too remote. - Brock v. Gale, 14 Fla. 523.