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Constitutional Law, State.
1. An act of the legislature, authorizing the Court of Appeals to reopen and rehear certain specified cases previously decided, and, upon the hearing thereof, to pass such judgments, orders, and decrees in the said cases as right and justice might require, held, unconstitutional, as an attempted exercise of judicial power.
— Dorset/ v. Gary, 37 Md. 64.
2. A constitutional provision, forbidding imprisonment " for debt arising out of or founded on a contract, except in case of fraud," does not prohibit arrest, and holding to bail on an affidavit of breach of promise to marry, whereby defendant succeeded in seducing plaintiff. — In re Sheahan, 25 Mich. 145; 8. P. Perry v. Orr, 6 Vroom, 295.
S. A statute extending the lien of judgments then in force from three to five years, held, constitutional. —Ellis v. Jones, 51 Mo. 180.
4. Defendants, a municipal .corporation, in building a sewer, flooded and injured plaintiff's land. Held, that this was a taking of plaintiff's property, within the meaning of the Constitution, for which compensation was due, and, therefore, that defendants were liable irrespective of negligence. (By a majority of the^ court, overruling former decisions.) — Thurston v. St. Joseph, 51 Mo. 510.
5. Summary removal of a sheriff from office, by a judge, for contempt of court, held, no violation of the bill of rights, providing that no citizen shall be deprived of life, liberty, property, or privileges, or in any manner disfranchised, but by due course of law. — Davis v. The State, 35 Tex. 118.
See Execution; Limitations, Statute Of, 1; Statute; Voter.
1. Action on an agreement to deliver up to plaintiff certain buildings in as good condition as they were at the date of the contract. Held, no defence that the buildings had been destroyed by fire without defendant's fault. — Ooddard v. Bebout, 40 Ind. 114.
2. Trover against executors for goods claimed by plaintiffs, under a contract whereby the testatrix, for a valuable consideration, agreed to sell and convey to them all personal property which she then had or thereafter might acquire and be possessed of at the time of her death. Held, (1) that plaintiffs could recover only for the conversion of such goods as belonged to the testatrix when the contract was made; (2) that the burden of proof was on them to show which these were. — Wilson v. Wilson, 37 Md. 1.
8. A subscription for $10,000 worth of shares in the stock of a corporation was made Jan. 19, 18*39, by a resident of M., on condition " that good and responsible individuals in M. subscribe $50,000 within one year, and a list of subscribers and amount of cash given in Jan. 19, 1870." Held, that the condition was satisfied by the subscription of other residents of M. for $40,000 within one year.
— Monlpelier & Wells River R.R. Co. v. Langdon, 45 Vt. 137.
See Broker; Certificate; Constitutional Law, 6; Deceit; Frauds, Statute Of, 1, 2; Illegal Contract; Infant; Lord's Day; Public PolIcy; Sale; Surety; Wager; Widow.
Contributory Negligenck. — See Negligence, 1, 2, 4.
Conversion. — See Accession; Account; Damages, 1.
1. A bank was empowered by its charter to increase its capital stock. Held, that this power could not be exercised by the directors without the assent of the stockholders. — Eidman v. Bowman, 58 111. 444.
2. The charter of a corporation contained a provision that it should not be repealed " unless it shall be made to appear to the legislature that there has been a violation by the company of some of the provisions of this act." Held, that such violation must be made to appear by the judgment of a court, and could not be adjudged by the legislature. — Flint & Fentonville Plank-road Co. v. Woodhull, 25 Mich. 99.
3. A corporation chartered in Indiana, held, to have power to take and hold lands in Michigan without any statute of the latter state affirmatively authorizing it. (campbell, J., dissenting.) — Thompson v. Waters, 25 Mich. 214.
4. Action to charge a stockholder with a debt of the corporation. By statute no such action can be maintained, unless the company has been sued for the debt within a year after it became due. The company having been adjudged bankrupt within the year, held, that defendants were liable without proof of action brought against the company. — Slate Savings Assoc. of St. Louis v. Kellogg, 52 Mo. 583.
5. A railroad company was chartered in 1857, and its charter was renewed in 1870, between which dates a general statute was passed prescribing a mode of taking lands for the use of all railroad companies different from the mode prescribed by the charter of 1857 for that company. Held, that the company must proceed under the general statute, and not under their charter. —McCrea v. Port Royal R.R. Co., 3 So. Car. 381.
See Constitutional Law, 4; Evidence, 3; Information; Insurance (fire), 5; National Bank; Stock.
Costs. — See Damages, 3; Satisfaction; Tax.
The owner of land conveyed part of it to a railroad company by deed containing this clause: "I hereby covenant that I and my heirs and assigns will make and maintain a sufficient fence through the whole length of that part of the railroad which runs through my farm; this covenant to be perpetual and obligatory on me and all persons who shall become owners of the land on each side of said railroad." Held, that this covenant gave the grantee an interest in the nature of an easement in the grantor's adjacent land, and ran with that land, and was an incumbrance within the meaning of the covenant against incumbrances in a subsequent conveyance thereof. — Bronson v. Coffin, 108 Mass. 175.
See Condition, 2; Deed, 4; Warranty.
Coverture. — See Advancement; Husband And Wife; Widow.
Criminal Law. — See Estray; Husband And Wife, 3; Indictment; Rape;
1. Trover for a bag containing clothes, allegmg as special damage that by reason of the conversion plaintiff, bemg a laboring man, was compelled to work in unsuitable clothes, which were injured. Held, that such damage was too remote. — Saunders v. Brosius, 52 Mo. 50.
2. Lumber to be used by plaintiffs in building a plank-road was delivered to defendants to be carried. In an action for not delivering it, held, (1) that the measure of damages was the difference between the value of the lumber where defendants received it and the value at the destination; (2) that the mcreased expense of making the plank-road by reason of the delay was not to be considered. — Pennsylvania R.B. Co. v. Titusville Plank-road Co., 71 Penn. St. 350.
3. In trespass for assault and battery, it is no bar to the recovery of exemplary damages that the defendant has been fined in a criminal proceeding for the same act. Soadley v. Watson, 45 Vt. 289. But the plaintiff's expenses for counsel fees and other trouble in the suit, not taxable costs, are not proper items of such damages. — Id.; Earl v. Tapper, ib. 275.
See Action, 3; Judgment, 1; Satisfaction.
Defendant sold to plaintiff, for $24,000, a livery stable, together with an exclusive right and privilege of supplying a certain hotel with carriages, which right alone defendant represented to be worth $5000. In fact, defendant had no such right, as he well knew. Held, that plaintiff might recover back the $5000, in an action for money had and received. — Reybold v. Henry, 3 Uoust. 279.
1. Sale by deed of a lot of gravel according to specifications made by a surveyor. Blanks were left in the deed for the quantity of gravel and the sum to be paid, and the parties orally agreed that the surveyor should fill them up. Held, that he might do so even after delivery of the deed, and in the seller's absence. — Vose v. Dolan, 108 Mass. 155.
2. A deed of conveyance signed and sealed, with a blank left for the grantee's name, which was afterwards filled up, and the deed delivered by a person having verbal authority from the grantor to do so, held, valid. — Field v. Stagg, 52 Mo. 534.
3. The owner of land conveyed to A. all his right, title, and interest therein, by quitclaim deed, which was not recorded, and afterwards for valuable consideration conveyed to B., who had no notice of the former conveyance, all his right, title, and interest in the same land by quitclaim deed which was recorded. Held, that B. took no title as against A. — Marshall v. Roberts, 18 Minn. 405.
4. Covenant by lessor against lessee, on a lease by deed-poll, signed and sealed by the lessor only, which the lessee had accepted and occupied under during the term. Held, that the action could not be maintained. (peck, J., dissenting.) — Johnson v. Muzzy, 45 Vt. 419.
See Condition, 2; Covenant; Mistake.
Deposit. — See Bills And Notes, 1.
Descent. — See Alien.
L Under a statute of New York providing that lands maybe devised *'to every person capable by law of holding real estate, but no devise to a corporation shall be valid unless such corporation be expressly authorized by its charter or by statute to take by devise," held, that a devise to the government of the United States was void. — In re Fox, 52 N. Y. 580.
2. Devise of a plantation to testator's wife for life, "and at her death to be appraised; and that my son W. have the right to said plantation at the appraised value at a credit of one, two, and three years, in equal annual payments;" but if he should decline to take the plantation, the executors to sell it and divide the proceeds. W. elected to take the plantation at the appraised value, and gave to the executors notes for the purchase-money, payable in one, two, and three years, which he failed to pay. Held, that W.'s estate was conditional on payment of the notes, and ceased on default of payment. — Thomas v. Kelly, 3 So. Car. 210.
See Condition, 1; Estate Tail; Heir; Trust; Will.
Director. — See Corporation, 1.
A man obtained a divorce from his wife by false testimony, on a libel of which she had no actual notice, knowledge of which was fraudulently kept from her by him, and of which the court had only apparent jurisdiction, founded on his false allegations of domicile. On application of the wife, at a subsequent term of the court which granted the divorce, held, that the decree should be vacated. — Edson v. Edson, 108 Mass. 590.
See Judgment, 2, 3.
Earnest. — See Frauds, Statute Of, 2.
Ecclesiastical Law. Bill for an injunction to restrain an ecclesiastical court from trying a clergyman for violation of the canons of the church, the punishment of which was loss of office and salary. Held, that a civil court had no jurisdiction to interfere, after ascertaining that the ecclesiastical court was lawfully constituted, under the laws of the church. — Chase v. Cheney, 58 HI. 509.
Election. — See Voter; Wager. Emancipation. — See Fraudulent Conveyance, 1; Voter. Equity. — See Condition, 2; Ecclesiastical Law; Executor; InformaTion; Mistake; Mortgage, 2.
Devise " to my grandson B., to him and his heirs, if any he should have, but if he should die without any heir, then in that case the land so devised to him shall be the right and property of my grandson M." Held, that B. took an estate tail, with remainder in fee to M. — Doe d. McColley v. Lampleugh, 3 Uoust. 461.
1. M. made a deed, purporting to convey land which he did not own, to defendant, with covenants of warranty against all persons claiming under him. Afterwards M. became seised of the land, and mortgaged it to H., under whom plaintiff claimed. In ejectment, held, that plaintiff could not recover, because estopped to deny defendant's title. — Doe d. Potts v. Dowdatt, 3 Houst. 369.
2. Replevin of a horse. Plea, that the horse was taken by defendant as sheriff, on execution, as the property of V., and delivered to plaintiff, who gave a bond to defendant reciting the above facts, and conditioned to redeliver the horse; and that plaintiff then claimed no title to the horse; " wherefore defendant says that plaintiff is estopped from claiming said horse." Held, good. —Leeper T. Hersman, 58 111. 218.
3. A policy of fire insurance provided that the company should not be liable until the premium should be actually paid; the policy also contained a receipt for the premium. In an action on the policy, held, that the company was estopped to deny the receipt of the premium. — Batch v. Humboldt Mut. F. & M. Ins. Co., 6 Vroom, 429.
Indictment for taking up and using "an estray mare, the property of H." Held, good, because it did not appear but that the animal's owner was unknown, and that, therefore, it was an estray when taken up. — State v. Fletcher, 35 Tex. 740.
1. A statute, providing that a plaintiff shall not be required to prove, unless denied by plea, the execution of any instrument described or recited in the declaration, docs not dispense with the production of such instrument in evidence. — New York, Housatonic, & Northern R.R. Go. v. Hunt, 39 Conn. 75.
2. A warranty in the sale of a patent-right must be in the deed by which the right is conveyed; and if it does not appear in the deed, it cannot be shown by parol. — Rose v. Hurley, 39 Ind. 77.
3. Suit under statute provision to charge a stockholder with debts of the corporation. Held, that a judgment recovered against the corporation was conclusive evidence of the existence of the debt for which it was rendered. — Thayer v. New England Lithog. Co., 108 Mass. 523.
4. To show that a sale of real estate was made to defraud creditors, declarations of the vendor, made while in possession after the conveyance, are admissible in evidence against the vendee. —McCord v. McCord, 3 So. Car. 577.
5. Enlistment into the military service of the United States is provable by parol, or by the provost-marshal's certificate. — Hawthorne v. Hoboken, 6 Vroom, 247.
See Burden Of Proof; Foreign Judgment, 1, 2; Insurance (fire), 6; Judgment, 2, 3; Officer, 1; Witness, 2.
A judgment was recovered, on which no execution was issued, by reason of a