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CONSTITUTIONAL LAW, STATE. 1. A constitutional provision that all persons shall be bailable does not entitle a prisoner, who has been convicted, to be admitted to bail, as of right, pending an appeal. — Ex parte Voll, 41 Cal. 30. •
2. A statute empowering a town to grant aid to a railway passing through it, held, constitutional. - Stockton & Visalia R.R. Co. v. Stockton, 41 Cal. 147. 8. P. Hallenbeck v. Hahn, 2 Neb. 377.
3. A constitutional provision, that “no subject shall be compelled to accuse or furnish evidence against himself," applies to investigations ordered or conducted by the legislature. — Emery's Case, 107 Mass. 172.
4. The act of congress admítting Nebraska into the Union as a state declared that “this act shall not take effect except upon the fundamental condition that within the State of Nebraska there shall be no denial of the elective franchise or of any other right, to any person, by reason of race or color.” This act was accepted by the state legislature, without a vote of the people. Held, (1) that this provision became part of the constitution of the state, (2) that it secured to colored men the right to sit on juries (MASON, C. J., dissenting). — Brittle v. The People, 2 Neb. 198.
5. Defendants, in building a railroad, cut through a ridge near plaintiff's land, which had before been protected by the ridge from the freshets in a river near by; but which, after such cutting, was flowed and injured by a freshet. Held, that this was a taking of plaintiff's property, within the meaning of the Constitution, and that an action lay to recover compensation therefor. — Eaton v. Boston, Concord, & Montreal R.R., 51 N. H. 504.
6. The legislature may confer on a private corporation the exclusive right to make and sell gas, and to erect works and lay pipes therefor, within the limits of a town. — State v. Milwaukee Gas-Light Co., 29 Wis. 454.
7. The legislature may authorize, but cannot compel a town to levy a tax for the payment of bounties to soldiers. — State v. Tappan, 29 Wis. 664.
8. A constitutional provision that no person shall be held to answer for a criminal offence, “unless on the presentment or indictment of a grand jury," was amended by substituting the words, “ without due process of law." Held, that neither this clause, as amended, nor the like expression in the fourteenth amendment to the Constitution of the United States, forbids the prosecution of felonies by information. — Rowan v. The State, 30 Wis. 129.
· See CONSTITUTIONAL Law; EXEMPTION, 1.
CONTEMPT. 1. An appeal lies from a sentence for contempt. - Whittem v. The State, 36 Ind. 196. . 2. The Governor has power to pardon a sentence for contempt. — State v. Sauvinet, 24 La. Ann. 119.
CONTRACT. 1. Plaintiff entered into defendant's employment, under a contract to serve as clerk till a certain time and then to become a partner. Before the time arrived, defendant discharged him, and refused to receive him as partner, and plaintiff sued for breach of contract. Held, that the contract was entire, and the action not prematurely brought. - Dugan v. Anderson, 36 Md. 567.
2. Plaintiff declared on a written contract, whereby he agreed to sell to defendant a farm occupied by him. The contract provided that no wood should be removed from the premises “save fire-wood for use in the house," and that on payment of the price plaintiff would give defendant a deed of the fee-simple of the said premises.” The declaration alleged a tender of a deed of “the premises described in said agreement," and defendant's refusal to pay the price. The answer denied such tender. The evidence was that plaintiff tendered a deed, but that before the tender the buildings on the land were burned, whereby the value of the estate was reduced by one third of the contract price. Held, that plaintiff could not recover. — Wells v. Calnan, 107 Mass. 514.
3. Where a building contract stipulated that the materials should be of the best quality and the work performed in the best manner, subject to the acceptance or rejection of an architect, and all to be in strict accordance with plans and specifications referred to, and to be paid for when done completely and accepted, held, that the architect's acceptance did not preclude the owner from denying that the work was properly done. — Glacius v. Black, 50 N. Y.
See ACTION, 2; BILLS AND NOTES, 1, 2; CARRIER, 1; CHAMPERTY; CHECK, 2; DAMAGES, 1; FRAUDS, STATUTE OF, 1, 3; ILLEGAL CONTRACT; INSURANCE (FIRE), 5; LORD's Day, 1; MUNICIPAL CORPORATION, 1; PaTENT; SPECIFIC PERFORMANCE; TENANT IN COMMON, 1.
CONVERSION.-See JUDGMENT, 2; LORD's Day, 1.
CORPORATION. Action brought under the provisions of a statute to charge a stockholder with debts of the corporation. Defendant relied on the facts (1) that the company was never duly organized, and (2) that he had transferred his stock before action brought. Held, that defendant, having attended meetings of the company and acted as a director, was estopped to make the first objection, and that the second was no defence. Hager v. Cleveland, 36 Md. 476.
See AGENT, 1; CONSTITUTIONAL LAW, 2, 7; EVIDENCE, 1; FISHERY; MUNICIPAL CORPORATION; PLEADING.
COVENANT. A covenant in a conveyance that the land conveyed amounts to a certain quantity does not run with the land. - Salmon v. Vallejo, 41 Cal. 481. See INCUMBRANCE.
COVERTURE. — See HUSBAND AND WIFE. CRIMINAL LAW. - See AssaulT; AUTREFOIS ACQUIT; BURGLARY ; CAAL
LENGE; CHAMPERTY ; CONSTITUTIONAL LAW, 4, 6; CONSTITUTIONAL LAW,
CUSTOM. — See EVIDENCE, 4.
, DAMAGES. 1. In an action for breach of contract to make and deliver certain machines, the measure of damages is the difference between the price agreed to be paid for the machines and their market value; and this rule is not affected by the fact that they are patented, and that plaintiff has the exclusive right to sell them when made. — Frink v. Tatman, 36 Ind. 259.
2. A railroad company took proper proceedings to acquire title to land on which it had before unlawfully entered and erected buildings. Held, that the owner was entitled to the value of the land as inproved. — Graham v. Connersville & New Castle Junction R.R. Co., 36 Ind. 463. See APPEAL, 1; INCUMBRANCE. DEBTOR AND CREDITOR. — See EXEMPTION, 1, 2; WAR.
DEDICATION. On an issue whether certain land was ever dedicated as a street, testimony of the owner, that he never intended so to dedicate it, is incompetent. — Columbus v. Dahn, 36 Ind. 330.
DEED. 1. A deed complete except in the omission of the grantee's name, which was afterwards inserted by an agent according to parol instructions of the grantor, held, void. — Upton v. Archer, 41 Cal. 85.
2. A deed never delivered by the grantor, but stolen from bim by the grantee named in it, is void even against a subsequent bond fide purchaser. — Tisher v. Beckwith, 30 Wis. 55.
3. P. executed a deed to B., and delivered it to S. with instructions to hold it subject to his control during his life, and in case of his death to deliver it to B. P. died, and S. thereupon delivered the deed to B. Held, that there was no valid delivery, and nothing passed by the deed. - Prutsman v. Baker, 30 Wis. 644.
See CHATTEL MORTGAGE; COVENANT; FORGERY; Frauds, STATUTE OF, 2; INCUMBRANCE; LUNATIC; SURRENDER; Way, 1. DELIVERY. — See AGENT, 2; CARRIER, 1; CHATTEL MORTGAGE; DEED, 2, 3.
DESCENT. — See WARRANTY, 2.
DISTRESS. — See Action, 1.
DowER. Possession under a sheriff's deed purporting to convey the interest which the judgment debtor had on a certain day is not adverse to the debtor's wife; and no length of such possession is a bar to her claim of dower. - Cowan v. Lindsay, 30 Wis. 586. EASEMENT. - See LICENSE; PARTY-WALL; Way, 1.
ECCLESIASTICAL Law. Where church members have been excommunicated by church authority, a civil court will not inquire into the grounds and regularity of the proceedings, but will inquire whether the persons acting in the matter were, by the laws of the church, competent to excommunicate at all. — Bouldin v. Alexander, 15 Wall., 131.
EJECTMENT. — See JUDGMENT, 1.
EMANCIPATION. – See MARRIAGE.
Escrow. – See DEED, 3.
ESTOPPEL. Defendant caused plaintiff's goods to be attached, relying on his representations that they were the property of another. Held, that plaintiff was estopped to show that his representation was falsc, though when he made it he had no notice of the debt for which the goods were attached, and did not intend to deceive defendant. — Horn v. Cole, 51 N. H. 287. See CORPORATION; JUDGMENT, 1; PLEADING.
EVIDENCE. 1. In an action brought under the provisions of a statute to charge a stockholder with debts of the corporation, the books of the corporation relating to its private transactions are not admissible in evidence. — Hager v. Cleveland, 36 Md. 476.
2. Parol evidence is admissible to contradict an officer's indorsement of service on a warrant which has not been returned. — Commonwealth v. Moran, 107. Mass. 239.
3. In an action against a surgeon for malpractice, evidence that he is, and is reputed to be, skilful in his profession, is material (CHURCH, C. J., PECKHAM, and GROVER, JJ., dissenting). – Carpenter v. Blake, 50 N. Y. 696.
4. In an action by a lower against an upper mill-owner, for shutting off the water, evidence of a custom of upper mill-owners on other streams to do the like, at certain times, is inadmissible. — Timm v. Blear, 29 Wis. 254.
5. Action for rent. Defence, that it had been paid to plaintiff under a judgment recovered in an action brought by him in a foreign court, against one who was liable therefor jointly with defendant. Held, that such payment might be proved by parol, and that it was not necessary to prove the judgment by the record. - Hawes v. Woolcock, 30 Wis. 213.
See CONSTITUTIONAL Law, STATE, 3; DEDICATION; Frauds, STATUTE OF, 1; STAMP, 1; WITNESS.
EXCEPTION. — See FRAUDS, STATUTE OF, 2.
EXECUTION. - See ESCAPE; EXEMPTION.
EXECUTOR AND ADMINISTRATOR. 1. Executors authorized to hold money of the testator, or to loan it out as they might think best, and to pay testator's children when they came of age, invested, by order of court, the shares of two infant children in confederate bonds, which became worthless. Held, that the executors were not liable for the loss. – Fugate v. Honaker, 22 Gratt. 409.
2. An executor is not liable for money of his testator confiscated by the confederate government. — Newton v. Bushong, 22 Gratt. 628.
See REMOVAL OF Suits, 1; WILL, 1.
EXEMPTION. 1. A clause in a state constitution increasing the amount of property exempted from seizure on execution, held, unconstitutional as against creditors by judgment recovered before such enactment. — Gunn v. Barry, 15 Wall. 610.
2. Homestead exemption laws of a state, so far as they apply to contracts entered into or debts contracted before their passage, are unconstitutional. The Homestead Cases, 22 Gratt. 266.
EXTRADITION. — See CONSTITUTIONAL LAW, 6.
FALSE REPRESENTATIONS. — See SALE.
FINE. — See PENALTY.
FIRE. The Stat. 6 Ann. c. 31, s. 6, exempting from liability for damage by fire in certain cases, is part of the common law of this country; otherwise of the Stat. 14 Geo. III. c. 78, s. 86, on the same subject. – Spaulding v. Chicago & N. W. Railway Co., 30 Wis. 110. .See CONTRACT, 2.
FIRE INSURANCE. — See INSURANCE.
FISHERY. The charter of a corporation authorized it to build a dam across a river, paying damages to the owners of fishing rights above. By a general statute all acts of incorporation are subject to amendment, alteration, or repeal, at the pleasure of the legislature. The company built its dam and paid the damages ; after which, the legislature passed an act requiring a fish-way to be built and maintained in the dam. Held, constitutional. — Holyoke Water Power Co. v. Lyman, 15 Wall. 500.
See DAMAGES, 2.
FOREIGN ATTACHMENT. — See MUNICIPAL CORPORATION, 2.