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Aider Dy Verdict—See Constitutional Law, State, 3.'
Under a statute authorizing the court to vacate judgments given through inadvertence or oversight, and to correct mistakes apparent on the face of the record, held, that the court had no power to vacate a judgment deliberately rendered, though clearly erroneous in matter of law. (nelson and Sneed, JJ., dissenting.) — Russell v. Cohjar, 4 Heisk. 154.
See Judgment, 1.
Assignee. — See Limitations, Statute Of, 3.
Where a statute authorizes an attachment of goods of a defendant " actually removing out of the county," the goods of one not a resident of the state, passing through the county, may be attached. — Johnson v. Lowry, 47 Ga. 560.
See Bankruptcy, 1.
Attorney And Counsel.
1. An executor, defendant in a suit in equity, left his answer to the bill in the hands of his solicitor, to be filed or not, as he thought best. 'Before it could be filed the executor died. In a subsequent suit, to which the administrator de bonis non of the same estate was a party, held, that the solicitor was not compellable to produce the answer, or testify as to its contents, against the administrator's objection.—Need v. Patten, 47 Ga. 73.
2. An executor performing services as solicitor for the estate, may have compensation in both capacities. — Fulton v. Davidson, 3 Heisk. 614.
3. Writ of error, argued before the Supreme Court of Tennessee, on behalf of the defendant in error, by the judge who tried the case below, "who having gone out of office as judge, appeared as counsel," and by the chief justice of the Supreme Court, who " being of counsel did not sit." Judgment affirmed with costs. — Rainey v. Aydelette, 4 Heisk. 122.
See Constitutional Law, State, 6; Executor, 3; Notice.
Bank. — See Foreign Attachment.
1. In a proceeding by foreign attachment, judgment was recovered and execution issued; but before, levy, and within four months of the attachment, the defendant became bankrupt. Held, that the attachment was dissolved. — Howe v. Union Ins. Co., 42 Cal. 528.
2. Assumpsit, in the Supreme Court of New Hampshire. Plea, defendant's discharge in bankruptcy. Replication, that defendant wilfully concealed his estate in order to obtain his discharge. Held, bad, the court having no jurisdiction to impeach a discharge for this cause. — Parker v. Atwood, 52 N. H. 181.
3. Action to charge a stockholder with debts of a corporation, under the provisions of a statute, requiring, as a condition precedent to the action, the recovery of judgment and return of execution unsatisfied against the corporation. Held,
(1) that the bankruptcy of the corporation excused performance of this condition;
(2) that proof in bankruptcy of the debt against the corporation was no bar to this action. — Shellington v. Eowland, 53 N. Y. 371.
Nor is it a bar to an action against the corporation. — Ausonia Brass & Copper Co. v. New Lamp Chimney Co., ib. 123.
Bills And Notes. — See Consideration, 1, 3; Husband And Wife; In-
Where a city was authorized by its charter to prohibit by by-law " practices which are against good morals, and contrary to public order and decency," held, that ajby-law punishing a single act of profane swearing was valid. — Ex parte Delaney, 43 Cal. 478.
Capacity. — See Devise, 1.
1. Defendant undertook, for hire, to transport plaintiff's goods in his boat. Held, that he thereby made himself liable as a common carrier. — Moss v. Bettis, 4 Ileisk. 661.
2. Plaintiff travelled, in charge of cattle, in defendants' cars, by virtue of a *' drover's pass," which entitled him to a free passage, but provided that the acceptance of the pass should be a waiver of all claims for damages received on the train. Plaintiff being injured by defendants' negligence, held, that he might maintain an action therefor, notwithstanding the stipulation of the pass. — [New York Central] Railroad Co. v. Lockwood, 17 Wall. 357.
See Constitutional Law, 7; Passenger, 1, 2, 3.
A challenge by the plaintiff to a juror, on the ground that he was a servant of the defendant, was overruled. Held, no error. — Goodrich v. Burdick, 26 Mich. 39.
See Constitutional Law, State, 1.
Charter. — See Constitutional Law, 8.
A person born in Canada, of parents of African blood who were born in Virginia, and held there as slaves until their emigration to Canada, held, not entitled to vote as a citizen of the United States, without being naturalized. — Hedyman v. Board of Registration, 26 Mich. 51. Vol. Viii. 45
Common Carrier. — See Carrier.
1. In an action on a promissory note, evidence of the worthlessness of a patent right, the sale of which was the consideration of the note, is inadmissible under the general issue. — Miller v. Finley, 26 Mich. 249.
2. Defendant promised to supply plaintiffs, at certain prices, with all the iron wanted by them in their business during a certain time, and plaintiffs promised to buy of defendant at those prices all the iron they might want during that time. Held, that as plaintiffs might not want any iron at all, there was no consideration for defendant's promise.— Bailey v. Austrian, 19 Minn. 535.
8. Assumpsit on a bill of exchange. Plea, defendant's coverture at the time the bill was made. Replication, a promise made by defendant after her husband's death to pay the bill. Held, bad. — Porterfield v. Butler, 47 Miss. 165.
1. A state statute creating a lien on a vessel, and authorizing a proceeding in rein to enforce it, for materials and supplies furnished to the vessel in a home port, held, unconstitutional. — Crawford v. The Caroline Reed, 42 Cal. 469.
2. A state statute requiring owners of vessels bringing passengers from without the state, to give bonds of indemnity against such passengers becoming a public charge, held, unconstitutional. — State v. Steamship Constitution, 42 Cal. 578.
3. Women are not entitled to vote by virtue of the 14th or 15th amendment to the Constitution of the United States. — Van Valkenburg v. Brown, 43 Cal. 43.
4. The property of a railroad company incorporated by a state, and enjoying other privileges by virtue of an act of Congress, held, taxable by the state. — People v. Central Pacific R.R. Co., 43 Cal. 398.
5. A state statute making the intermarriage of white persons and negroes a criminal offence, held, constitutional. — Lonas v. The Slate, 3 Heisk. 287.
6. The seventh amendment to the United States Constitution provides that in suits at law the right of trial by jury shall be preserved. The constitution of Minnesota provides that " the right of trial by jury shall remain inviolate." A statute of that state authorized compulsory references in actions at law. Held, (1) that the first of these provisions was binding on the courts of the territory of Minnesota before the organization of the state; (2) that it was continued in force by the state constitution; (3) that the statute was repugnant to it. — St. Paul ,b Sioux City R.R. Co. v. Gardner, 19 Minn. 132.
7. A state statute fixing the maximum tolls to be charged by railroads for the carriage of passengers and freight, held, constitutional. — Blake v. Winona & St. Peter R.R. Co., 19 Minn. 418.
8. A statute incorporated a company to carry on lotteries for twenty-five years, paying for the privilege certain sums to the state. The amended constitution of the state, afterwards adopted, prohibited lotteries. Held, constitutional. Moore v. The State, 48 Miss. 147.
9. A state statute requiring railroad companies to post up annually, and keep posted, a scale of their charges for the year, and forbidding them, under penalties, to exceed such charges, held, constitutional. — [Chicago & N. W.] Railroad Co. v. Fuller, 17 Wall. 560.
See Constitutional Law, State, 2; Tax, 3.
Constitutional Law, State.
1. A statute making it cause of challenge to a juror that such juror is not a qualified voter of the state, held, unconstitutional. — Oibbn v. The State, 3 Heisk. 72.
2. The constitution of Tennessee provides " that the citizens of this state have a right to keep and bear arms for their common defence; but the legislature shall have power to regulate the wearing of arms, with a view to prevent crime." Held, (1) that the legislature might forbid the public or private carrying of "a dirk, sword cane, Spanish stiletto, belt or pocket pistol;" (2) but not of " a revolver." (3) That the second amendment to the United States Constitution had no application to the state legislature. (turney and Nelson, JJ., dissenting on the first point, and Sneed, J., on the second.) —Andrews v. The State, S Heisk. 165.
3. Where the constitution provides that indictments shall conclude " against the peace and dignity of the state," an indictment not so concluding is bad even after verdict. —Rice v. The State, 3 Heisk. 215.
4. Where a person accused is by the constitution entitled to a trial by a jury of the county where the crime was committed, no statute can give the courts of the state jurisdiction of an offence committed without the state, on a vessel navigating the waters of the state. — Craig v. The State, 3 Heisk. 227.
5. Under the lust-mentioned constitutional clause, a statute forbidding the reversal of a judgment in a criminal case, " because the bill of exceptions omits to state that the venue was proven in the court below," was held, unconstitutional. — Mayes v. The State, 3 Heisk. 430.
6. The right of an accused person to be heard by himself or his counsel, according to the constitution, does not include the right of making an unsworn statement of facts not otherwise in evidence. — Wilson v. The State, 3 Heisk. 232.
7. A statute authorizing a town to issue bonds, to be paid for by taxation, in aid of a private manufacturing enterprise to be established by individuals in the town, held, void. — Commercial Nat. Bank of Cleveland v. Iola, 8 Kans. 689. (U. 8. Circuit Court, Dillon and Delahay, JJ.; 8. c. 2 Dill. 353.)
8. An ordinance of a constitutional convention granting new trials in certain cases, held, void. — Lawson v. Jeffries, 47 Miss. 686.
9. A statute requiring a town to invest money to be derived from the sale of its honds, in stock of a railroad, held, unconstitutional. (andrews, J., dissenting.) People v. Batchcllor, 53 N. Y. 128.
See Constitutional Law, 6.
A husband living separate from his wife, and bound by the decree of a court to pay her a certain monthly allowance, being attached for a contempt in not paying it, alleged as a defence that he had no property. Held, sufficient.— Galland v. Gotland, 44 Cal. 475.
A contract of service providing that the servant, if he left without notice, should forfeit all wages due him at the time of leaving, held, unreasonable and void. — Richardson v. Wcehler, 26 Mich. 90.
See Consideration, 2; Frauds, Statute Of, 1, 2, 4, 5; Illegal ConTract; Public Policy; Surscription'; Wager.
, Contributory Negligence. — See Negligence.
Conversion. — See Damages, 1, 2; Jus Postliminu; War, 1, 2.
L By statute, persons committing trespasses may be sued in the county where the trespass was committed. Held, that a railway company was a person within the meaning of the act. — Bartee v. Houston & Texas Ry. Co., 36 Tex. 648.
2. Part of a railroad was leased, and the rest was in the hands of a receiver. Tickets were issued in the name of the company. Held, that the company was liable to a passenger for a wrongful expulsion from the cars. — [Alexandria & Washington] Railroad Co. v. Brown, 17 Wall. 445.
See Bankruptcy, 3; Constitutional Law, 4, 8; Stock.
County. — See Devise, 1; Venue. Criminal Law. — See By-law; Constitutional Law, 5; Constitutional
Law, State, 2, 3, 4, 5, 6 ; Evidence, 4; Forgery; Gaming; Indictment;
Larceny; Limitations, Statute Of, I; Nuisance; Perjury; Sheriff,
1. Trover for trees cut on plaintiff's land by defendant, and removed to his mill for manufacture. Held, that the measure of damages was the value of the timber at the mill.— Grant v. Smith, 26 Mich. 201.
2. Defendants as brokers bought stock for plaintiff, and agreed to hold it subject to his order. Plaintiff paid nothing for the stock, otherwise than by depositing a small " margin" with defendants. In an action to recover damages for an unauthorized sale, held, that the measure of damages was the advance in the market price of the stock from the time of sale up to a reasonable time to replace it after plaintiff had notice of the sale. (Overruling former decisions.) Baker v. Drake, 53 N. Y. 211.
, Death. — See Agent.
In a deed the estate conveyed was bounded by " a line running at right angles to the creek running from S. to the bay." Held, that the boundary was to be drawn at right angles to a straight line running from the creek at S. to the creek at its mouth. — Irwin v. Towne, 42 Cal. 326.
See Dower, 1; Exception.
Deposit. — See Foreign Attachment; Tax, 1.