Augustus John Cuthbert Hare.

The Central law journal, Volume 28 online

. (page 61 of 151)
Online LibraryAugustus John Cuthbert HareThe Central law journal, Volume 28 → online text (page 61 of 151)
Font size
QR-code for this ebook


111. JUDOMBNT- Foreclosure —Parties. An equity

of redemption owned by an assignee in bankraptey, as
such, Is not barred by a foreolosore in which he Is made



Digitized by



Google



Vol. 28.



THE CENTRAL LAW JOURNAL.



825



A party, and !• served and appears in bis Indlyldnal
name only, and in which his official character is in no-
wise mentioned.— XoMlott v. Towtukmd, N. T. Ot. App.,
Jan. 15, 1889; 19 N. B. Bep. 434.

112. JUDOMBNT— Lien. Under Bey. Btat. Ind., ( 606,

the lien of the Jadgment, a transcript of which is filed in
another county, is in force for 10 years after its rendi-
tion, and not 10 years from the time of filing the tran-
script.— Aroipii V. Wtukofet, al.t 8. O. Ind., Jan. 10, 1889;
19 N. B. Bep. 468.

US. JuDOMBMT— Beyiew. An action tOLreylew a

Judgment must be brought in the court in which the
original action was brought, and prosecuted to ]vl^-
meat.— Janet V, Ahren$,B, O, Ind., Jan. 9, 1889; 19 N. B.
Bep. 884.

114. Judicial Salbs— Land Mortgaged by Husband-
Abandoned Wife. The husband of plalntifTs ancestor

^aye a mortgage in which she did not Join, and the land
was sold to defendant under a foreclosure suit to which
ahe was not a party. The husband deserted her, and
was Hying in adultery at her death : Beid, under Bey.
Stat. Ind., H 3487, 8506, that plaintiff could reooyer her
interest in the land.— .6r«KU^ v. TkMon, 8. 0. Ind., Jan.
9,1889; 19 N. B. Bep. 885.

116. JUBT— Oath. Mere statements in the leoord

are not to be regarded as attempts to give the form
•of the oath administered, and do not show that the
Jury were sworn "to well and truly try the matters sub-
mitted to them in the case in hearing, and a true ver-
dict give according to the law and the evidence.*'—
Baldwin v. 8iaie o/Kan$as, U. 8. 8. 0., Jan. 14, 1889; 9 8. 0.
Bep. 198.

116. LiMiTATiOM OP AOTIONI— Taxation. Where title

to the land is in dispute the statute of Umitation did
not begin to run until date of decree quieting title. —
Wood V, Cmrron, 8. 0. Iowa, Jan. 81, 1889; 41 N. W. Bep.
814.

117. LDfiTATiOM OP AonOHS —Mortgage. As to the

running of statute of limitations in favor of a mortgagee
gnntj of fraud. — Jacobt v. Snifder, 8. 0. Iowa, Jan. 18,
1889; 41 N.W. Bep. 307.

118. LnuTATiOH OP AcnoHS — Judgment Liens — Bx-
oeptions. To avoid the bar of the statute of limita-
tions in respect to the right to enforce the lien of a
Judgment, the creditor must bring bis case within one
of the exceptions declared in the statute, and he can-
not, by parol evidenoe or otherwise, avoid such bar
upon any ground not embraced In the statute. — Beiteif
V. Clarke W. Va., Ot. App., Nov. 34, 1888; 8 8. IL Bep. 609.

119. Mabdamus— Abatement. Bxplratlon of term

■of office of county clerk and election of successor does
not abate appUcation for mandammt requiring him to
oertify certain collection of fees. — SUdt v. Cole, 8. 0.
Neb., Jan. 8, 1889; 41 N. W. Bep. 346.

130. Mabtbb akd 8BBVAMT — Negligence. Where

plalntUf lawfully on construction train was injured by
oar starting with a Jerk: Held, proper to charge that de-
fendant was liable if the injury was caused by the neg-
ligence of its servants, although there may have been
negligence on the part of plaintiff, unless she could,
by the exercise of ordinary care, have avoided the
oonsequences of defendant's negligence. — Brown v.
SuUivoH, 8. 0. Tex., Jan. 7, 1889; 10 8. W. Bep. 886.

181. Mastbb AMD Sbbvabt- Negligence. Question

of contributory negligence of servant injured by
machinery with which he was fully acquainted. — BOie
«. DeiroU Leather Co., 8. O. Mich., Jan. 11, 18H9; 41 N. W.
Bep. 316.

133. Mabtbb akd 8BKVAKT— Negligence. Where

plaintiff, has worked six months on a machine similar
to one upon which he was injurdd, defendant was not
negligent in not Instructing plaintiff of the danger. —
Crowlev V. Pacific Mittt, 8. J. 0. Mass., Jan. 3, 1889; 19 Pac.
Bep. 844.

138. MbchabiCs LiBN— Notice— Desciiption. 8uf •

fldency of description of property In notice required
by the mechanic's lien act Mass. ob. 191, $$ 6, S,—Cleverlp
». Mately, 8. 0. Mass., Jan. 8, 1889; 19 N. B. Bep. 894.



134. Mbohabio'8 Libv — Obligation of Contract.

Pub. Acts Hich. 1887, No. 839, does not give a Uen to
laborers for work done, after its passage, on shingles
sawed under a contract, made before Its passage. —
BowrgeUe v, mmams, 8. 0. Mich., Jan. 11, 1889; 41 N. W.
Bep. 329.

185. MINB8 ABD MiBiBO— Patents — Fraudulent Bepre-

sentations. The United 8tates may maintain a bill

to cancel a patent for mining lands obtained by fraudu-
lent representations as to the character of the land
and the performance of the required work. — United
auuet V. Iron Silver Min, Co,, U. 8. 8. 0., Dec. 17, 1888; 9
8. 0. Bep. 196.

136. MiBBS AMD MiBiBO— Location— Becording. A

location notice of a mining claim, when recorded. Is
prima facie evidence of the necessary facts set forth. —
Jantzen v. Arizona Cooper Co*, 8. 0. Ara., Jan. 19, 1889; 80
Pac. Bep. 98.

187. MORTOAOB— Foreclosure— Decree. A decree

in proceeding for the sale of land under a mortgage,
ordering the sale of certain real and leasehold estate. Is
not void because It also orders the sale of personal
property. — Bermtein v. HoMman, Md. Ot. App., Jan. 9,
1889; 16 AtL Bep. 874.

188. MuBioiPAL OoRPOBATiONS- Powers. That part

of the ordinance of the city of Minneapolis, which im-
poses a penalty upon "any person who commits any
act of lewdness or indecency within the limits of said
city," is void, because it is In excess of the power vested
in the city council by the city charter. — State v. Ham'
mond, 8. 0. Minn., Jan. 14, 1889; 41 N. W. Bep. 848.

139. MUBIOIFAX OOBPOBATioNl— Public Work. Con-
struction of validity of ordinance under laws N. T. 1878,
( 91, providing for expenditures in public work in New
York city. — Pkeipe v, CItp of New York, N. Y. Ot. App.,
Jan. 16, 1889; 19 N. B. Bep. 408.

180. MUBIOIPAL OOBFOBATIOBS— Defective Sewers.

Though a municipal corporation cannot be compelled
to exerdse the powers conferred by its charter to grade
streets and construct sewers, if it undertakes to make
such improvements it is liable for any negligence or
unskillfulness in the construction of the work. — Town
o/FtxȤtbnr9 v, mtokku, Md. Ot. App., Jan. 9, 1889; 16 Atl.
Bep. 880.

181. MUBIOIPAL 0OBPOBATIOB8 — Oonstltutlonal Law.

Act. Pa. May 34, 1887, dividing the cities of the 8tate

Into seven classes, for the purposes of government, and
conferring substantially the same powers on the fourth
to the seventh classes, Is not founded on any manifest
peoullarltles In the latter classes, requiring leglslatioB
for each that would be useless or detrimental to the
others; and Is therefore in violation of Oonst. Pa. art. 8,
} l.-^Appeal cfAyaire, 8. 0. Penn., Jan. 7, 1889; 16 AtL Bep.
866.

188. MUBIOIPAL 0OBPOBATIOB8— Municipal Liens.

Act. Pa. May 34, 1887, dividing the cities of the 8tate Into
seven classes, etc., having been declared unoonstltu-
'tlonal {Appeal €f Apare), n municipal lien entered and
filed solely In accordance therewith is void. — Bergkant
V, City of Hatritlmrg, 8. 0. Penn., Jan. 7, 1889; 16 Atl. Bep.
865.

188. MUBIOIPAL COBPOBATIOB8 Certiorari will He

to review the action of the district court in confirming
special assessment by the board of public works of
Duluth to defray expenses of local improvement. —
Skerwoodft. Judge, 8. C. Minn., Jan. 11, 1889; 41 N. W. Bep;
384.

184. MtJBioiPAL 0ORPORATIOB8 — Street Assessments.

Where the board of public works of the city of 8t.

Paul makes an assessment of benefits and damages to
property resulting from a change of grade of a street,
finding the benefits greater than the damages, and the
property owner voluntarily pays the balance or differ-
ence collectible from him, he thereby acquiesces in the
assessment. — State v. Dittriet Court, 8. 0. Minn., Jan.
11, 1889; 41 N. W. Bep. 385.

185. MuinciPAL CORPORATIONS— Polloe Ofllcers — Be-
movaL — » Under a city charter, providing that the



Digitized by



Google



226



THE CENTRAL LAW JOURNAL.



No. 9



mayor and aldermen shall have i>ower to appoint police
offloers, and to remoye tbem at pleasure, the power of
remoTal is not oonfln^ to officers nominated by the
mayor ezeroising it. bnt extends to officers nominated
by his piedecessors.— WUUamt v. CUif of OUmcetier, 8. J.
O. Mass., Jan. 8, 1889; 19 N. E. Bep. 848.

186. N»GUO«N0B— Province of Jury. In an action

for injuries received from a board thrown back from a
circular saw operated by one of defendants, it Is error
to submit the case to the Jury where plaintiff does not
show how it happened that the board was thrown back.
— Fraatier v. Lloyd, S. 0. Penn., Jan. 7, 1889; 16 Atl. Bep.
418.

187. Nbouobnob— Railroad Company. Question

of negligence where party was killed at crossing where
smoke over the track clouded the sight and where evi-
dence was conflicting whether sigrnal was sounded by
defendant. ~ Beaney v. Long Island, Ry, Co., N. T. Ot.
App., Jan. 16, 1889; 19 N. B. Bep. 422.

188. Nboliobnob — Snow from Boofs. One who

oonstmcts a building so near to a street that ice or
snow will fall from it in the ordinary course of things,
endangering travelers who are rightfully in the high-
way, is liable for injuries so received, although the
building is of no unusual construction. — Smetkurtt v,
Proprieton Ind. Cong, Church, 8. J. O. Mass., Jan. 8, 1889;
19 N. B. Bep. 887.

189. Nboliobnob — Joint Tort feasors. Where

mail carriers unnecessarily obstruct the platform of a
railway station causing injury to one who recovers
therefor, in action against the railway company the
latter is not a Joint wrong-doer so far as to prevent re-
covery from the mail carrier of the amount paid. — Old
Colony BaOway v, Sttveng^ 8. J. O. Mass., Jan. 4, 1889; 19 N.
B. Bep. 872.

140. Nbgliobnob— Evidence. Where the evidence

is conflicting as to whether the train stopped suffi-
ciently long to enable plaintiff, an old woman, to alight,
and whether she used propei dilUgence in alighting, an
order refusing a new trial will not be reversed. — At-
lanta ^ W, P. R. Co. V. SmiUh, 8. 0. Ga., Dec. 22, 1888 ; 8 8.
B. Bep. 446.

141. Nbouobmob— Passenger— Injury. Question

of negligence where passenger was killed in going from
car to car. — State v. Me. Cent. Ry., 8. J. 0. Me., Dec. 10,
1888; 16 AtL Bep. 868.

1 142. NBGLIOBNOB — Passenger. A passenger who

gets off on the track side, instead of getting off on the
side where passengers usually alight, is properly non-
suited, in an action for injuries received by a passing
train. — Morgan v. Camden <f A. R. Co., 8. O. Penn., Jan.
21, 1889; 16 AU. Bep. 358.

148. Nbouobncb— Injury. Evidence not sufficient

to show negligence on part of defendant railroad com-
pany.— Q^den V. Pefii». R. Co., 8. 0. Penn., Jan. 21, 1889; 16
Atl. Bep. 353.

144. Nboliobhcb — Driving at Immoderate 8peed —
Evidence. In an action to recover damages for in-
juries inflicted by the defendant in negligently riding
his horse upon plaintiff, evidence that there was more
travel upon that street than upon any other street in
the city was competent. — Stringer v. Frost, 8. 0. Ind.,
Jan. 8, 1889; 19 N. E. Bep. 381.

146. NBGOTIABLB INSTRUMBNT— Oonversiou. Payee

of note not liable on his indorsement of same where he
left it with plaintiff who wanted to look up the solvency
of the maker and converted same to his own use. —
Baas V. Sackett, 8. 0. Minn., Jan. 18, 1889; 41 N. W. Bep.
287.

146. NBGOTIABLB INSTBUXBNTS— Payment — Benewal.

Where a Joint note is executed for a debt, and at

its maturity a partial payment is made, and a new note
given for the balance, which is invalid as to one of the
makers on account of a material alteration, a recovery
can be bad against the latter on the original cause of
action, the old note being produced at the trial. — Owen
V. BaU, Md. Ct. App., Jan. 10, 1889; 16 Atl. Bep. 876.

147. NBGOTIABLB INSTBUMBMT— Indorsement— Notlcc.



8Qfllcienoyof notloeofnon -payment of promis-
sory note to bind indorser.— Waehueett Nat. Bamk v. Fatir^
brother, 8. J. O. Mass., Jan. 2, 1880; 19 N. B. Bep. 846.

148. NOVATION — Contract. Question under tho^

facts whether plaintiff's contract was with board of
education or carpenter employed by them, through
whom plaintiff was required to draw his pay. — Dean v.
Board of Bduoation, 8. C. Mich., Jan. 11, 1889; 41 N. W.
Bep. 218.

149. NuiBANGB— Action for Damages— Parties. It

is not necessary to the right of action given by 8t.
Mass. 1887, ch. 848, for maliciously erecting a fence more
than six feet high for the purpose of annoyance, that
the owner should be in actual occupation. — Smith v^
Morse, 8. J. C. Mass., Jan. 5, 1889; 19 N. E. Bep. 898.

160. Pabtnbrship— Minor Partner — Dissolution.

A copartnership of which a minor is a member, and to
the capital of which he has contributed, may, after it»
dissolution, upon the petition of the adult member be-
declared insolvent, and a warrant may be issued
against the firm's property. ^Peltetier v. CotUnre, 8. J. O.
Mass., Jan., 3, 1889; 19 N. E. Bep. 400.

161. PABNBB8HIP— Contracts. ^If a written contract,.

not required to be under seal, within the scope of the
partnership business, be executed under seal by one
partner in behalf of the firm, the seal may be rejected
as surplusage, and the instrument treated as the parol
oontrsiOt.'-SterUng v. Bock, 8. C. Minn., Jan. 11, 1889; 41 N.
W. Bep. 286.

162. Pbnal Actions — Fraudulent Tax-list. One

who gives to the assessor a false and fraudulent tax-
list is liable to the penalty prescribed by Bev. 8t. Ind.
1881, f 6839, and must be prosecuted in a penal action, in
the mode prescribed therein, and not by indictment. —
Durham 9. State, 8. C. Ind., Jan. 10, 1889; 19N.B. Bep.
829.

168. Plbading— Purchase —Public Lands. Suffi-
ciency of averment under Pol. Code Cal. } 8496, in actioi^
to determine the right to purchase land from the 8tate.
^RiddeUv.Mutten, 8.0. Cal., Deo. 26, 1888; 20Pao. Bep.
91.

164. Plbading— Complaint. Beid, that bill alleg-
ing execution of contract for posti>onement of the
completion of contract showed no such postponement
when plaintiff's name whs not signed to the writing
though it bore the word accepted and where there was
no averment of acceptance.— IPll€y v, San Pedro, etc Oo.^
8. C. N. Mex., Jan. 1888; 20 Pac Bep. 116.

156. POOB DBBTOB8 — Examination. Under Bev»

8t. Me. ch. 118, ( 28, a Justice who has heard and adjudi-
cated upon one application is not disqualifled to hear
a second application, under the same execution. — Me^
Gitvery v. Suites, 8. J. C. Mo., Dec. 22, 1888; 16 AtL Bep.
404.

166. PowBR OF Attornbt — Construction. Beld,.

that the wording of power of attorney was not ambign-
ous so as to permit introduction of parol evidence. —
Redd V. Commonwealth, 8. C. Va., Jan. 17, 1889; 8 8. E. Bep.
490.

( 157. Praotiob IN CIVIL Casbs— Summons. — Under the
statute of Oregon : ^eM, that the service wasinvalid^
and the decree of sale thereon null and void, because
the return did not show that the service of the summons
was made at the defendant's usual place of abode in
the 8tate, in whatever county it might be, but only at
his usual place of abode in Linn county.— 5i9^ v, Meyers,.
U. 8. C. C. (Greg.), Dec. 24, 1888; 87 Fed. Bep. 37.

158. Praoticb IN Civil Casbs- Findings— Appeal.

Under Code Iowa, ( 2748, flndings of fact and law must
be made prior to or contemporaneous with the Judg-
ment, and it is irregular for the court to enter Judg-
ment and flle his flndings at a subsequent day of the
term. — Bodges v. Oochyman, 8. C. Iowa, Jan. 16, 18£9; 41
N. W. Bep. 196.

169. Prinoipal and 8UBBTT — Indemnity. The

sureties on a bond for the delivery of property levied
on cannot be required to surrender to the Judgment
creditor the proceeds of property placed in their hands



Digitized by



Google



Vol. 28.



THE CENTRAL LAW JOUBNAL.



227



-to indemnify tbem, until it is shown tbat they have
been relieyed from liability. ~ Cheatham v. Seawright, S.
•O. 8. Oar., Jan. 8, 1899; 8 8. B. Rep. 626.

160. Public Lahds— Land Grants— Beservations.

-On bill to set aside the patent to eyen-nnmbered sec-
tions of land granted to defendant railway company,
the objection that the sections were not the subject of
•^rant because of the New York Indian reserratlon un-
der the treaty of 1888 (7 St. U. 8. S60) will not be consid-
ered.— UnUedSUUeiv.MU9(mri,K,fT,By.Co.,V.S,0,
O. (Kan.), Oct. 81, 1888 ; 87 Fed. Bep. 68.

161. Railroad Oompanibs— Oonsolldatlon— Taxation.

Act. Ey. Feb. 22, 1871, inoorporating the E. O. R.

•Oo., and investing it with "all the powers, privileges,
rights, immunities, and franchises*' of the A L. R. Co.,
whose road it had bought at Judicial sale, did not grant
It the commutation of taxation conferred by act on the
O. A L. R. Co., nor was that right transferred by the
indioial sale.— Zenlucly Cent R, Co, v. C&mmomoealtht Ey.
Ot. App., Dec. 18, 1888; 10 8. W. Rep. 269.

162. Railboad Oompanibs — Grade Orossings — Com-
pensation. Under Rev. St. Ind. 1881, granting to a

railroad company i>ower **to cross, intersect. Join, and
unite its railroad with any other railroad before con-
«tmcted,*' and providing that, **lf the two corporations
•cannot agree upon the amount of compensation, or the
points or manner of such crossings and connections,
the same shall be ascertained and determined by com-
missioners," etc., the petition must allege that an effort
has been made to agree upon the amount of compensa-
tion, the points, a^d the manner of crossing. — Lat$
Shorty Ho. Co., V. dmotmuOt, etc, Ry. Co,, 8. C. Ind. Deo.
19, 1888; 19 N. B. Rep. 440.

168. Railroad Compabiba— Transfer of Franchise.

Vnder Act Cong. March 8, 1871, the T. & P. Ry., has no
Authority to transfer Its franchise to another company
and retain merely an easement over the right of way.

— aoiUh Pao. By. Co. v. E$qiM«U, S. C. N. Mex., Jan. 1889;
:20 Pao. Rep. li^.

164. Railroad Compabibs— Bonds— Liabilities to Com-
pany Creditors. ■ The undertaking of mortgage
bondholders of a corporation who subscribe to its
•debenture bonds, agreeing to pay specified portions of
their subscription as called for, is in effect an agreement
to loan the corporation money, and receive the bonds as
security, and is not analogous to an unpaid subscription
4o capital stock. — PeUibaiA v. Toledo, etc Co,, 8. J. C.
Mass., Jan. 2, 1889; 19 N. B. Rep. 887.

166. Railroad Compabibs— Recital in Bond. A re-

•dtal in a oounty bond, "authorised by an act entitled
-•An act to Incorporate the Mo. A Miss. B. B. Company,
Approved Feb. 20, 1865,' " does not estop the bondholder
-from showing that the bond was in fact Issued under a
i^enerai \&w,— Ninth Nat, Bank v, Knox CowUy, U. 8. C. C.
(Mo.), Sept. 11, 1888; 87 Fed. Bep. 76.

166. Bbal Estatb Aobmts— Pleading. ^In an action

%y a real estate agent, for his commission on a sale, a
•denial, in the answer, of the agreement authorlaing
bim to sell, will not admit proof that while making the
•ale he was also acting as agent for the buyer in making
4he purchase.— ifocFaev. fforan, S.C. Minn.,Jan. 14, 1889;
41 N. W. Bep. 289.

167. BB80I88IOBOP COHTBAOT— Fslsc Bepreseutatlons

—Value. ^Though relied upon, false representations

as to value of land Is no ground for rescission, in the
absence of actual fraud or deceit.— Lucot v, Oripper, 8. C.
Iowa, Jan. 17, 1889; 41 N. W. Bep. 206.

168. BBFBRBBOB— Practice. Where a referee fails

^o give notice to the opposing parties of the time and
place of announcing his findings of fact and law, as re-
-quired by How. St. Mich. % 7882, the court may on report
being made, refer the case back for the purpose of
separately stating the conclusions of law and fact, and
of giving an opportunity to settle a bill of exceptions.—
Bametev. Mofait, 8. C. Mich., Jan. U, 1889; 41 N. W. Bep.
»4.

160. BBUOIOU8 8O0IBTIB8— Lease— Trusts. Con-
tributions were taken up and land was bought, and a



meeting-house built, a church formed, and the propri-
etors formed a corporation under St. Mass.. 1840. ch. 6S
and the committee holding the land conveyed to the
corporation by a simple deed, expressing no trust:
Btld, that a bill would not lie by persons suing In be-
half of the church, to set aside a lease by the corpora-
tion of the meeting-house, no trust arising in favor of
the church against the corporation.- IToriMr v, BowMn
Sqnare Baptiet 8oo., 8. J. C. Mass., Jan. 6, 1889; 19 N. B.
Bep. 408.

170. Bbplbvin— Possessory Warrant. Under Code

Ga. f 4088, one who lends a chattel without any fraudu-
lent misrepresentation by the borrower, is not entitled
to a possessory warrant for Its recovery.— Odow v, Tran-
tham, 8. C. Ga., Dec. 22, 1888; 8 8. B. Bep. 442.

171. BBS Adjudioata— Adverse Possession. Where,

In an action to recover possession of real property, the
complaint tenders an Issue on the title of the plalntlll,
basing his right to the possession upon such title, a
Judgment in his favor upon the merits is conclusive
upon the question of title at that time between the
parties and their privies.— Acutfle v. Murray, 8. C. Minn.,
Jan. 18, 1889; 41 N. W. Bep. 288.

172. 8ALB8— Action for Price — Payment by Void Note.

Defendant purchased goods of plalntlfls In the

name of a corporation, which in fact had no existence,
giving therefore what purported to be the note of the
corporation: AMd, that on discovery of the non-exist-
ence of the supposed corporation, plaintiffs could treat
the note as a nullity, and sue defendant for goods sold.
—Montgomery v. Forbee, 8. J. C. Mass., Jan. 2, 1889; 19 N.
Bep. 842.

178. Sbt-off— Counties— States. On an application

for a mand tmm u to compel payment by a oounty of the
amount due the State, a claim by it against the State,
which has not been submitted to the State's auditing
ofllcers,cannot be set-ofL- ApUn v. Board of Snpervieore,
8. C. Mich., Jan. 11, 1889; 41 N. W. Bep. S88.

174. SPBOurio Pbrformabob— Evidence. Specific

performance of an oral agreement to convey lands
cannot be decreed on a finding of fact that the trial
court Is unable to determine from the evidence what
the terms of the agreement are. — Burke v. Bay, 8. C.
Minn., Jan. 14, 1889; 41 N. W. Bep. S40.

176. Spboifio Pbrformabob. It is no defense to a

a bill for the specific performance of defendant's agree-
ment to give a quitclaim deed for a strip of land that
the public are using It as a highway, where It appears
that the record title is In defendant, and that no deed
or written dedication of the same has been made. —
Canham v. Mooney, 8. C. Mich., Jan. 11, 1889; 41 N. W. Bep.
228.

176. 8TATUTB8— Validity— Bemoval of Causes. The

act passed March 19, 1887 (84 Laws, 129), amending ( 660,
Bev. St., was duly adopted by the general assembly,
and is a valid law. — 8taU v. BahbUte, 8. C. Ohio, Jan. 8,
1889;19N. E. Bep. 487.

177. Strbbt Bailroads— Franchises — Taxation.

The acts N. T, 1860, ch. 612, and act 1866, ch. 888, create
different franchises, and defendant, to avail itself of
them, must pay the license fee prescribed by the first
act, and also the percentage called for by the second.-
Mayor, etc. Co, v. Dry-Doek, etc Co., N. T. Ct. App., Jan.
15, 1889; 19 N. E. Bep. 490.

178. Swamp Labds— Contracts— Consideration. Acts

6th Gen. Assem. Iowa, ch. 110, f 1, does not render in-
valid a contract made by a county with attorneys, by
which, in return for services rendered by the latter in
securing and perfecting the title to swamp lands, It was
stipulated that a portion of the lands should be con-
veyed to them when the title to the whole should
be acquired.— Emmet County v. AUen, 8. C. Iowa, Jan. 17,
1889; 41 N. W. Bep. 201.

179. Taxatiom— State Lands— Payment. Land set

apart by the State for the contractor, as payment for
the construction of the new capltol of Texas, to be con-
veyed to him from time to time when earned In the
progress of the work, is not subject to taxation undCf



Digitized by



Google



228



THE CENTBAL LAW JOURNAL.



No. 9



B6T. St. Tex. art. MBl. * TatfUnrv, Mtobimmmt 6. 0. Tex.,
Dea n, 1868; 10 8. W. Bep. 345.

180. TOWH8— Debts — Taxatton. Oonstmotloii of

BeT. et, Ind. 1881, H 6006, 6007, restrlctlDg the Inonrrlng



Online LibraryAugustus John Cuthbert HareThe Central law journal, Volume 28 → online text (page 61 of 151)