Inhabitants of that state, since an action must be controlled by the policy of Mass. Stat. 1888, chap. 372, which requires such agreements to be in writing. Emery v. Burbank (Mass.) 57 NOTES AND BRIEFS. Conflict of laws; law of place as to contract. 57 As to legality of contract; effect of comity. 570 CONSPIRACY. See also INJUNCTION, 2, 3, NOTES AND BRIEFS. 1. Civil liabilities may ensue by reason of a conspiracy to commit that which is not made unlawful by statute. Longshore Printing & Pub. Co. v. Howell (Or.) 464 2. A combination of laborers to maintain wages or limit the number of apprentices is not contrary to public policy. ld. 3. An agreement of employés between themselves to quit their employer is not unld. lawful. 6. Compelling the defendant in a criminal case to stand up for the purpose of identifica tion does not violate the constitutional provision against compelling one to be a witness against himself. People v. Gardner (N. Y.) 699 7. The property of a private eleemosynary corporation, although charged with the maintenance of a college or other "public charity," is private property, within the meaning and protection of that clause of Ohio Const. art. 1, 19, which declares that "private property shall ever be held inviolate." State, White, v. Neff (Ohio) 409 8. The charter reservation of power to amend it does not destroy the constitutional protection of the vested rights of the corporation against legislative interference. Id. 9. A statute authorizing a court to declare a turnpike road abandoned and vacated as a toll road, and thereby a free road, on the ground that it had been out of repair for the preceding six months, without the intervention of a jury or the right of appeal whereby the question of its being out of repair for six months could be determined by a jury, is in conflict with constitutional guaranties of a remedy by due course of law and against dep5. Trades unions are not within and of law. Salt Creek Valley Turnp. Co. v. Parks rivation of property without due process of themselves unlawful combinations. Id. (Ohio) 4. Communicating to their employer the reasons for the design of employés to quit the service, and signifying their intention, is not unlawful. CONSTITUTIONAL LAW. See Id. also 1; 1. The contemporaneous interpretation of a constitution by those who had opportunity to understand the intention of the instrument has a strong presumption in its favor. State, Guergun, v. McAllister (Tex.) 523 2. A constitutional provision that no for eign corporation shall do business except while it has a known place of business and an authorized agent in the state is not self-executing without any provision as to how the agent shall be designated or the place of business made known. St. Louis, A. & T. R. Co. v. Fire Asso. (Ark.) 83 3. A statute providing for the preparation of a standard policy of insurance and its adoption by an insurance commissioner, after which no other form of policy can be lawfully is sued, is an unconstitutional attempt to delegate to him legislative power. Anderson v. Manchester F. Assur. Co. (Minn.) 609 769 10. A statute requiring manufacturers to pay wages of their employés weekly, although applying to individuals as well as to corporations, is within the power of the legislature under the Massachusetts constitution, which extends such power to "all manner of wholesome and reasonable orders, laws, statutes, and ordinances," and does not in terms make any provisions as to freedom or liberty of contract. Re House Bill No. 1,230 (Mass.) 344 11. Excepting insurance upon cotton in bales 1893, chap. 107, § 1, making void all stipula from the provision in Tenn. Acts Gen. Assem. tions limiting liability to less than the full amount of loss, if this does not exceed the amount of insurance, does not make an arbitrary, unreasonable, and unnatural classification in violation of Tenn. Const. art. 11, § 8. Dugger v. Mechanics & T. Ins. Co. (Tenn.) 796 denied by Tenn. Acts Gen. Assem. 1893, chap. 12. The equal protection of the laws is not 107, 1, making void all stipulations in insurance policies limiting liability to less than the full amount of loss, if this does not exceed the amount of insurance. Id. 4. A statute providing, among other things, that on conseat of a city council to which the consent of a majority of the electors is 13. Disseisin of privileges or deprivation of a condition precedent, certain penalties of a property otherwise than by the law of the prohibitory liquor law may be suspended, island or due process of law contrary to Tenn. not unconstitutional as a delegation of legis Const. art. 1, § 8, or U. S. Const. 14th Amend. lative power to the people. State, Witter, v. 1, is not made by Tenn. Acts Gen. Assem. Forkner (Iowa) 206 1893, chap. 107, § 1, making void all stipula5. Due process in the imprisonment of a tions in insurance policies which limit liability witness for refusal to answer a proper question to less than the full amount of loss, if this does on an investigation by grand jurors does not require a regular trial and judgment, but is complied with by the issue of a writ, on complaint of the grand jurors, to a justice of the peace as provided in Conn. Gen. Stat. § 91. Re Clark (Conn.) 242 not exceed the amount of insurance. Id. 15. A municipal contract for the removal of 2. An agreement to give a pass to a man and garbage, giving the contractor an exclusive his family annually for ten years, and to stop right to remove it at a certain price per pound, trains at his house to let them on and off dur payable by the persons who produce the garbing that period, is not within the statute of age, is simply a sanitary regulation, which can frauds as an agreement which cannot be pernot be considered as in the nature of a confis- formed within one year, since the death of cation or an attempt to create a monopoly. each member of the family within the year Walker v. Jameson (Ind.) 679 would end the contract. Weatherford, Min16. The right of succession to the property eral Welis & M. W. R. Co. v. Wood (Tex.) 526 of a deceased person, whether by law or in- 3. A legal consideration for the loan of a heritance, is a creature of statute law, and not painting for a competitive exhibition at a fair a natural right beyond legislative control. is furnished in the detriment and inconvenState v. Alston (Tenn.) 178 ience to which the sender is subjected, and the 17. To provide adequate means of defense indirect and contingent benefit to the person against coyotes is within the general police conducting the exhibition. Prince v. Alabama power, and does not violate fundamental prin- State Fair (Ala.) ciples of free government or infringe upon the original rights of the citizen. Ingram v. Colgan (Cal.) 187 As to statutes requiring wages to be paid in lawful money. 273 Validity and effect of statutes regulating time and payment of wages. 344 716 4. An agreement to return or pay for beer barrels, kegs, and cases in which beer is shipped contrary to law, is a part of the illegal contract, which cannot be enforced, when these articles were sent merely for the purpose of completing the sale of the beer. Gipps Brewing Co. v. De France (Iowa) 386 5. The mere fact of a contemplated mar riage, or marriage itself, will not as matter of law justify the discharge of a woman who is engaged under a contract as housekeeper and to render services of a personal nature necessi tating constant attendance upon her employer. Unjust classification or discrimination as to Edgecomb v. Buckhout (N. Ÿ.) business; police power as to contracts. Extent of police power. CONTEMPT. 679 796 1. A summary enforcement of an answer by imprisoning a witness is not an exercise of judicial power to punish contempt of court as a criminal offense, but of administrative power to enforce a law which, if enforced at all, must be enforced at once. Re Clark (Conn.) 242 816 6. A corporation is not disqualified to bid for a contract to be let by the state furnishing board, by reason of the fact that its business manager, who is not a stockholder or officer of the company, and whose salary or position will not be in any way affected by the contract, was a member of the legislative assembly which passed the act providing for the let ting of such contract. State, Eaves, v. Rickards, (Mont.) 298 2. It is not contempt for an attorney to characterize as "inflammatory," in a motion to 7. The lowest bidder, although offering a quash an indictment, a charge to the grand bond for the performance of the contract, canjury which assumes that the crime of bribery not compel the award to him of a contract for has been committed and that it is the duty of the publication and annotation of Codes, which the jurors to indict therefor, and concludes as fol- by the Montana Constitution and the Act of lows: "There comes up from the people a com- March 7, 1895, the state furnishing board is mand for a forward march all along the line required to let to the "lowest responsible bidof your duty. You should give heed to that der therefor," the statute also requiring that the cry, for it comes from a patient and long suf- typesetting, printing, and binding shall all be fering endurance which has at last reached its done within the state, and that the publisher limit.' Clair v. State (Neb.) 367 shall keep sufficient copies to supply all demands for not less than eight years, and a full complete set of stereotype matrices of every page of type used. ld. 3. Contempt of court is not shown by the act of counsel of one indicted for a crime, in alleging in respectful language, as one of the reasons for quashing the indictment, that the judge's charge to the grand jury was inflam matory and prejudicial in that it aroused the prejudice of the grand jury so that they were not fair and impartial; and the fact that the remedy was by plea, instead of by motion, does not affect the question of contempt. NOTES AND BRIEFS. Id. NOTES AND BRIEFS. Possibility of performance within year. 526 See also LIMITATION 242 CONTRIBUTION. Contempt; by refusal to testify. CONTRACTS. See also BILLS AND NOTES, 1; BROKER; CONFLICT OF LAWS, 5; CUS TOM, 1; PRINCIPAL AND SURETY, 3. 1. An instrument creating an easement is within the operation of the statute of frauds. Nunnelly v. Southern Iron Co. (Teun.) 528 and is entitled to no priority over other debts. | tutes a trust fund, it will be administered for Faires, v. Cockrill (Tex.) the equal benefit of creditors. O'Bear Jewelry Co. v. Volfer (Ala.) Foreign. COPARCENERS. See CoTENANCY, NOTES CORPORATIONS. See also ACTION OR 1. A transfer by a corporation of its entire assets and property of every description, to another company, in consideration of shares of stock in the latter, not made with the intention of winding up its affairs and dividing the stock among its own stockholders, or as a temporary arrangement, but as a permanent investment, is ultra vires and may be set aside in an action by a nonassenting stockholder. Byrne v. Schuyler Electric Mfg. Co. (Conn.) 304 2. The profitableness or unprofitableness of a transaction by a corporation, which is ultra vires, does not affect the right of a stockholder to contest it. Id. 3. The manager of a corporation in charge of its work in constructing a building is personally liable for negligent failure to erect a scaffold which is needed to protect persons near the walls. Mayer v. Thompson-Hutchison Bldg. Co. (Ala.) 433 4. An officer who is the general managing agent of a lumber company may be held personally liable for setting an inexperienced and ignorant employé at work on a machine which the former knows to be dangerous. Greenberg v. Whitcomb Lumber Co. (Wis.) 439 5. The president and general manager of a corporation are personally liable for damages caused to a riparian proprietor by the longcontinued discharge of muddy water into a stream from ore washers operated by the company with their sanction and their knowledge of the damage caused thereby. Nunnelly v. Southern Iron Co. (Tenn.) 421 707 9. The exemption of a previously chartered railroad company from a statutory provision respecting the sale and effect of tickets does not extend to a foreign corporation subsequently created which leases the road of the former. Robinson v. Southern P. Co. (Cal.) 773 10. The institution or prosecution of a suit is not a "doing business" within the meaning of laws prescribing conditions of business by foreign corporations. St. Louis, A. & T. R. Co. v. Fire Asso. (Ark.) 83 11. The failure of a foreign corporation to comply with the conditions of the right to do business in a state will not preclude an action by it, or by an insurance company subrogated to its rights, for negligent injuries to its property within the state. NOTES AND BRIEFS. Id. 1. For successfully defending claims to the assigned property by an attempted rescission of sales, an assignee for creditors may be allowed attorneys' fees, although the assignment is set aside on a cross-petition by other creditors. Perry Mason Shoe Co. v. 277 Sykes (Miss.) 6. A demand arising ex delicto may be enforced against the stockholders of a corporation under a constitutional provision that the dues from corporations shall be secured by in- 2 Attorneys' fees cannot be allowed out dividual liability of the stockholders. Flenni- of the assigned property as against creditors ken v. Marshall (S. C.) 402 successfully asserting liens thereon, for an unsuccessful defense of the assignment by an assignee for creditors, although the assignment is declared void, not for actual fraud, but by reason of failure to comply with some positive requirement of statute law, and although the assignee is also a receiver of the court, since it is not his duty as receiver to defend the assignment. 7. Stockholders in a corporation cannot defeat all recovery against them for an amount in addition to the value of their stock, because the act providing for it does not fix the amount, but simply fixes a limit beyond which it shall not extend, since the liability will be regarded as extending to such limit if necesId. sary. ld. 8. The property of an insolvent corporation COTENANCY. See also ACTION OR SUIT, is not a trust fund for the benefit of creditors in any sense other than that when a chancery 2. court takes possession of it upon some general A tenant in common may be compelled to principle of equity jurisdiction, wholly inde- account to his cotenant for the use of the pendent of any idea that the property consti- | lands held in common, although he has re NOTES AND BRIEFS. 221 4. Fraud in procuring the enrollment of a bill and the signature thereto by the president of the senate and the speaker of the house of representatives, but which is on its face regular and in due form, gives the courts no power to order its removal from the files of the secretary of state, or to enjoin him from delivering a copy to the public printer, but the remedy, if any, is with the legislature. Carr v. Coke (N. C.) 737 ceived the benefits thereof without any attempt | claim within the jurisdiction of an inferior to exclude the other, or any promise or mutual court. Huuton v. Luce (Ark.) understanding to give any compensation for the profits taken by him. Gage v. Gage (N. H.) 829 Cotenancy; liability of cotenants to account for use and occupation and rents and profits: (I.) the common-law doctrine; (II.) reason of the common-law doctrine; (III.) states not adopting the English statute; (IV.) when held liable: (a) in case of ouster; (b) in cases where an agreement exists; (c) when occupied the ad valorem system, like that applied to real 5. An assessment of personal property by by one alone; (V.) the remedy as between cotenants: (a) statutory action of account; (b) property, may be ordered by the court on beproceedings in equity; (c) in action of assump-half of the owners of real estate, where a city sit; (VI.) liability to account for rents has illegally attempted to tax personal properreceived; (VII.) lien for rents received; (VIII.) ty in another manner, even if the illegal mode the question, What is more than a just share? attempted would be as just as the other. Leri (IX) necessity of a demand; (X.) necessary v. Louisville (Ky.) 6. The court may compel a city government allegations in action of account; (XI.) in what character liable; (XII.) position of cotenant to correct an error in the mode of levying a holding over; (XIII.) extent of liability: tax, although it cannot appoint an assessor or Id. (XIV.) when liable to pay interest; (XV.) correct the error itself. when held for the rental value; (XVI.) posilina of the crime committed by persons who, 7. There is no jurisdiction in North Carotion of purchaser of cotenant's share; (XVII.) as to coparceners; (XVIII) the question of while standing in that state, shoot across the deductions; (XIX.) mesne profits; (XX.) the state boundary and kill a person in Tennessee. application of the statute of limitations; (XXI.) State v. Hall (N. C.) construction of the state statutes. COUNTIES. 829 NOTES AND BRIEFS. 480 59 Courts; locality of crime committed by 1. A good-faith purchaser of county war-shooting or striking across state boundary:rants occupies no better position than the() what constitutes the offense; (II.) the seller, as they are non-negotiable within the question of locality; (III) statutory provisions regarding; (IV.) constitutionality of such meaning of the law merchant. Erskine v. Steele County (N. D.) 645 2. A portion of a county warrant issued by the county commissioners, which represents the discount at which the warrant will be sold, is illegal and void. Id. statutes. 59 Voluntary credits to bring debt within jurisdiction of court :-(I.) the rule permitting remission: (II) the rule as affected by the character of the claim: (a) actions for an uncertain amount; (b) actions for an amount certain; (c) actions in which jurisdiction deab-pends upon the value of the property in suit; (III.) remission of interest; (IV.) rule denying the right to remit ; (V.) what constitutes a remission; (VI.) when made. 221 CRIMINAL LAW. See also CONSTITUTIONAL LAW, 5, 6. 3. A county warrant issued by the commis sioners of a newly formed county, in the sence of legislative authority, for transcribing from the records of the counties out of which it is formed such part as relates to real estate situated in the former county, is illegal and void. Id. NOTES AND BRIEFS. Counties; validity of warrants of. COURTS. 645 2. A motion to dismiss an indictment cannot be based on facts not appearing on the record. Com. v. Hayden (Mass.) 318 3. The dismissal of an indictment on the motion of the county attorney after it has been attacked by demurrer is not equivalent to a decision of the court sustaining the demurrer, so as to prevent the case from being resubmitted to the same or another grand jury without order of the court, as would otherwise be required under Minn. Gen. Stat. 1894, §§ 7297-7299. State v. Peterson (Minn.) 324 NOTES AND BRIEFS. Right to compel accused to exhibit himself 699 for identification:-(I.) cases denying the right; 6. Mitigation of damages for fraud in rep(II.) cases asserting the right; (III.) compari-resenting the title of mortgaged property to be son of cases; (IV.) waiver of the constitutional perfect, on the faith of which mortgage bonds exemption; (V.) the English rule. were purchased, when in fact there was a prior mortgage thereon, cannot be claimed by virtue of the tender of a discharge on the trial of the action, after the expiration of long time, when the market for the bonds may have changed. Nash v. Minnesota Title Ins. & T. Co. (Mass.) 753 CRITICISM. See LIBEL AND SLANDER, NOTES AND Briefs. CURTESY. 1. A divorce obtained by a husband from his wife does not defeat his tenancy by the curtesy initiate, where the statute has made no provision for such a case, but has declared that a divorce obtained for his fault and misconduct shall defeat a husband's right as tenant by the curtesy. Meacham v. Bunting (Ill.) 618 2. A tenancy by the curtesy initiate is created in the trustee, where land purchased by a husband is conveyed to him for the use and benefit of his wife, with nothing to indicate a purpose to exclude him from a right by the curtesy. ld. NOTES AND BRIEFS. Curtesy; estate by; adverse possession in case of. 618 CUSTOM. 1. A known usage of trade forms a part of a contract made in that trade. Union Ins. Co. 7. American F. Ins. Co. (Cal.) 692 2. Custom cannot excuse a failure to make a scaffold or other safeguard on the side of a brick wall which is being built within a few feet of the entrance of a schoolhouse then in use. Mayer v. Thompson, Hutchison Bldg. Co. (Ala.) 433 NOTES AND BRIEFS, Custom; usage of trade. DAMAGES. 7. Rescission or attempted rescission of a contract of purchase made on the faith of false statements by a third person as to the title will not make him liable in an action for fraud beyond the difference between the actual value of the property and its value as it would have been if the representation had been true. ld. 8. Damages for false representation as to the title of property of another person, on the faith of which it was purchased, include only the difference between the value of the property as it was and the value as it would have been if the representation had been true. Id. 9. Damages for mental suffering, independent of any physical injury, may be recovered for negligence in delivery of a telegram the character of which is known to the telegraph company. Mentzer v. Western U. Teleg. Co. (Iowa) NOTES AND BRIEFS. Damages; stipulated. 72 676 754 For fraud or deceit; inducing contract with third person; effect of rescission of such contract. DAMS. Surplus water of a dam lawfully made in a river to supply a canal past rapids in aid of 692 navigation, although under a statute declaring 363 that the water-power created should belong to the state, cannot be diverted from its natural channel to the detriment of the lower riparian proprietors, by the state or its grantees, through the canal and sluice ways therefrom, for the operation of mills on the canal bank. Paper Co. v. Kaukauna Water-Power Co. (Wis.) 1. A contract to pay a stipulated sum as damages will be given effect only where the damages provided against are uncertain and not ascertainable by any satisfactory and certain rule of law. Krutz v. Robbins (Wash.) 3. The measure of recovery for injury to chattels which are not wholly destroyed is the difference between the value immediately before and immediately after the injury; and the owner cannot recover more than this by reason of voluntary abandonment of what remains. Chicago, B. & Q. R. Co. v. Metcalf (Neb.) 824 4. Pecuniary damages sustained are all that can be recovered for the death of a person under Dak. Comp. Laws, $5199. Smith v. Chi cago, M. &. St. P. R. Co. (S. D.) 573 5. A verdict for nominal damages only can be recovered by the father for the death of a son who has attained his majority, although he had lived with his father thereafter and was strong, healthy, and a good laborer. Id. DEATH. Patten 443 See DAMAGES, 4, 5; NEGLI GENCE, 1. 1. A railroad corporation cannot acquire title to or an easement in land by common-law dedication. Lake Erie & W. R. Co. v. Witman (Ill.) 612 2. A village plat showing a strip of land 100 feet wide on each side of a railroad track, but which is not marked or noted on the plat as donated or granted to the railroad company, in order to make a conveyance thereof under Ill. Rev. Stat. chap. 109, 3, cannot be made to operate as such conveyance by the aid of proof of contemporaneous or subsequent acts of the parties tending to show dedication thereof as part of the right of way. ld. |