Augustus John Cuthbert Hare.

The Central law journal, Volume 28 online

. (page 72 of 151)
Online LibraryAugustus John Cuthbert HareThe Central law journal, Volume 28 → online text (page 72 of 151)
Font size
QR-code for this ebook


oenturies.*

1 BerthofT v. O'Blelly, 74 N. T. 600.

s Oooley Oonst. LIm. 356.

S Westervelt v. Gregg, 12 N. T. 209.

4 PeoDoyer v. Nefl, 9S U. 8. 714.

8 People V. Essex Co., 70 N. T. 328.
s Abhon V. Undenbower, 43 hlo. 102.
T Brown v. Bd. Commra.,60 Ml8». 468.

5 Qarvin v. Daaeman, 27 Cent. L. J. SIS.
t Marray v. Hoboken, 18 How. 372.



A legal process, originally founded in necessity,
which has been consecrated by time and approved and
acquiesced in by universal consent. Is held to be due
process of law.io Where the laws of a State impose •
tax or other burden on property for public use, and a
mode is provided for contesting the charge in the
ordinary courts of law, there Is no lack of due process
of law. The determination of due process of law must
be left to be decided by the gradual process of Judicial
inclusion and exclusion, as the cases presented for
Judicial decision shall require." Jt is not necessary
that such laws shall apply to all persons, but it is only
necessary that all persons brought under subjection
to the statutes shall be treated alike,is but the law
must not l>e aimed at one class of the people.^

Police Power of the States,— The police power of a
State extends to the protection of the lives, limbs,
health, comfort and quiet of all persons, and the pro-
tection of all property in the State.i4 Private interests
must be made subservient to the general interests of
the community, which is accomplished by the police
power.iA The legislature is generally the exclusive
Judge of what is or is not hurtful, the only limitations
being those prescribed in the constitution.^* But un-
der pretense of exercising the police power, thtf legis-
lature cannot enact laws not necessary to the preser-
vation of the health and safety of the community, that
will l>e oppressive and burdensome to the citizen.
What are reasonable regulations and what are sub-
jects of police power,' must necessarily be Judicial
questions.!' In the exercise of its police powers a
State may pass laws which incidentally affect com-
merce l>etween the States.i^ A State law excluding
lewd or debauched women from the State is valld.i*

Licenses under Police Power,— The right to pursue
any lawful calling is subject to such restrictions as the
legislature may lawfully prescribe to protect public
health.<i^ A State can require dentists to be examined
and licensed before they can pursue their vocation,*^
and also locomotive engineers, theugh such engineers
are in charge of trains which pass into other States.2S
Owing to the numerous cases on the subject, in addi-
tion to the principal case, the right of a State to re-
quire a physician to obtain a license before practicing
his profession will probably be never again ques-
tloned.>3 s. S. Mbbbill.



IS State V. Allen, 3 McOord, 6S.

u Davidson v. Mew Orleans. 96 U. 8. 97.

U Mo. Pac. B. Co. V. Mackey, 127 U. 8. 306; Mo. Pao; B.
Go. V. Homes, 115 U. 8. 512; Minneapolis, etc B. Co. v.
Beekwkh, 9 8. 0. Bep. 207.

IS Ho Ah Kow V. Manan, 18 Am. L. Beg. 676.

14 Thorpe V. Batland, etc. B. Co., 27 Vt. 140; Mann v.
Illinois, 94 U. 8. 147 ; Beer Co. v. Massaohasetts, 97 U. 8. 26.

tf Slaughter House Cases, 88 U. 8. 86.

15 Ex parte Shrader. 88 Cal. 279.

17 Toledo, etc B. Co. v. Jacksonville, 67 111. 87.

IS Bobbins v. Shelby Co. Tax Dist., 120 U. 8. 489.

iS Bx parte Ah Fook, 49 Cal. 402.

IP Bx parte Spinney, 10 Mev. 828.

11 WIlklQS V. State, 118 Ind. 614.

n Smith V. Alabama, 124 U. 8. 466; Nashville v.
Alabama, 9 8. C. Bep. 28.

n Bx parte Spinney, tupra; Bastman v. State, 109 Ind.
278; State v. State Med. Board, 82 Bfinn. 824; Logan v.
State,6Tez. App.806; Hewett v. Charier, 16 Pick. 858;
Fox V. Territory, 2 Wash. Ter. 297; State v. Dent, 26 W.
Va. 1 ; Finch v. Gridley, 25 Wend. 469; West v. Clatter, 87
Ohio St. 847; Bibber v. Simpson, 69 Me. 181; State v.
Gregory, 88 Mo. 128; Brown v. People (Colo.), 17 'Pac.
Bep. 404.



Digitized by



Google



Vol. 28.



THE CENTRAL LAW JOURNAL.



S67



BEOBNT PUBLICATIONS.



BUCKBKSDBRFBR'S BLACKSTONB'S BLEMBKTS OF

Law.btc, with Analytical Charts, Tables and
Legal Definitions, Arranged and Displayed by a
Systematic and Attractive Method. By U. Blickens-
derf er, Attorney at Law, Author of ^* Abridgment
of Elementary Law," **Law Student's Review ,'*
««Descent of the Crown of England," etc. Chicago,
111.: UlricBllekensderfer, Publisher. 1880.
This book Is certainly novel and ingenious, and bears
tiie marks of great labor on the part of the author.
The design is, as stated by him, **to present an old
and important subject in a new and attractive form.'*
The subject might have been as appropriately and
more succinctly stated **B]ackstone boiled down.'' It
is, in effect, the principles of the law, as stated by
Blackstone, grouped into short distinct paragraphs,
preserving as far as possible the language of the origi-
nal text. Accompaning it are charts containing the
heads, divisions and subheads of the law as Black-
stone stated them. We can see wherein the work may
be of interest and value to the student of law, and
doubtless it Is that class the author intended to reach,
but one cannot help regretting that the same amount
of ingenuity, labor and ability could not have been ex-
pended in a direction that would more directly and
substantially benetlt the practitioner. One feature of
this book we cannot but commend— its mechanical
execution— and that the more heartily because the
author seems to have been his own publisher.

Books Rbcbivkd.

The Powers and Dutdcs of Police Officers and
Coroners. By B. H. Yiekers, of the Chicago
Bar. Chicago: T. H. Flood A Co. 1889.

The Power to Sell Land for the Non-payment
OF Taxes. By Robert S. Blackwell. Fifth Edition.
Revised and Enlarged by Frank Parsons. Two
Volumes. Boston: Little, Brown A Co. 1888.

General Digest of the Decisions of the Prin-
cipal Courts in the United States. Pub-
lished During the Year Endmg September, 1888.
ydunie IIL Rochester: Lawyers Co- Operative
Publishing Co. 1888.

The Law of Executors and Administrators.
By James Schouler. Second Edition. Boston:
Charles 0. Soule. 1888.

The Law of Aqenct, Including Special Chapters on
Attorneys. Auctioneers, Brokers and Factors. By
Flovd R. Mechem. Chicago: Callaghan A Co.

A Manual of Criminal Law, as Established in the
State of Maryland. By Louis Hochheimer, of the
Baltimore Bar. Baltimore: Harold B. Scrimger.
1888.

Reports of Cases Adjudged and Determined
IN the Court of Chancert of the State of
New York. Complete Edition. Copiously An-
notated by Embodying all Equiu Juiispruclence,
with Table of Cases Cited. Bv Robert Desty.
Book IV. Conuining Paige's Chancery Reports,
Vols. 7, 8, 9, 10. Rochester: The Lawyers Co-
operative Publishing Co. 1888.



[SvbHTiherB are invited to send short anstsers to the
follovnng.l

QUERIES AND ANSWERS.

Query No. 15.
A private corporation owned, used and maintained
A powder magazine, keeping stored therein large
qi^antities of powder. As a matter of fact the maga-



zine was located so near to numerous inhabitated
dwelling houses that the Natural and probable result
of an explosion would be to damage or destroy them.
Powder magazine was struck by lightning, causing It
to explode, damaging dwelling house of plaintiff. Is
corporation liable, under the common law? B*

QUERIES ANSWERED.
OUERT No. 11.

[To be found in Vol. 28 ^ Cent. L. J, p. 229.]
The heirs have an interest the same as their father
would have had if living, viz: the same as the other
children (Kent's Commentaries, Vol. 4, ^p. 891; 78 Ho,
66), and can, of course, maintain a partition suit. The
quitclaim conveyed nothing, as at time same was made
grantor had no title, and an after-acquired title does
not inure to the benefit of grantee in a quitclaim deed.
88 Mo. 476. ''His share of farm'Ms mere surplusage.
Leaving out said clause the law would give each child
his share. Said clause would not deprive any of the
heirs of their rights as given by law, as an heir cannot
be disinherited without an express devise or necessary
implication. Jarmin on Wills, 682. There Is none here
to divest the heirs of deceased. H. 0. F.

Query No. 14.
I To be found in Vol. 28y Cent. L. J., p. 242.}
1. The child inherits the fee, sut^ect to his mother^!
right to CO* enjoy the homestead during her life. Sho
cannot, by any act, impair his title or his right of pos*
session. It may be sold to pay debts of his deceased
father, subject to his right of possession during min-
ority. By removing from and attempting to convey the
land, the widow forfeited her homestead, and the title
vested in the child during his minority ,and,if not sold to
pay debts, in fee. Rohrer v. Brockhage, 86 Mo. 044;
Kaes V. Gross, 92 Mo. 647. 2. Notwithstanding the ooo-
veyance and removal, the child is entitled to the exclu-
sive possession of the land as against his mother's vcr-
dee. RoberU v. Ware, 80 Mo. 868; Eochling v. Daniel,
82 Mo. 64. 8. And may maintain ejectment. Koeh-
llng V. Daniel, 82 Mo. 64; Rogers v. Mayes, 84 Mo. 620.
The conclusion would seem to be that neither title
nor right of possession pass by the deed. E. Q.



JBTSAM AND FLOTSAM.

Judge — Prisoner, the evidence shows that you
brutally assaulted the plaintifr. Have you anything to
offer in extenuation? Prisoner— No, Sir; my lawyer
took all the money I had.

The court^How Is this, Mr. Johnson? The laat
time you were here you consented to be sworn, and
now you simply make affirmation. Mr. Johnson-^
Well, yo* honab, de reason am dat I 'spects I ainH
quite so suah about de facts ob dis case as de odder.

**Pri80Ner,'' said the Judge, "have you anythinf^
to say before the sentence of the court is passed upon
you?"

'*I have, your Honor." (Turning to his lawyer.)
*'You slick -fingered, smooth-Jawed puddin'-head I
You bllly-be-dad-slammed hunk of soap fat I You
said you could clear me for $26, and took your money
in advance. You hain't got sense enough to be assist-
ant Janitor to a corn-crib, you don't know as much law
as a Texas homed frog, and you haven't the moral
principle of a blind owl! Go ahead, Judge.*'



Digitized by



Google



268



THE CENTRAL LAW JOURNAL.



No. 11



WEEKLY DIGEST

Of an tiM CimeBt OplnlOM of all tlie sitato aad
Territorial Ooorta of I«ast Bevort, and Of tlio
SnpriMBo, Clrenlt and IMstrlet Courts of tlio
VnltMl States, exeept tliose ttaat are Pnbllslied
In Fun or Commented upon In our Motes of
Bceent DeelMons.



Alabama 45,97

OALnrORNIA 47,88

oolorado 83,84

Florida 64

GKOROIA 8,10,99,100,108,120,124

Illinois .' ...-. ; 80

IKDIAKA 1,7,23,48,49,67,^,08

IOWA .... 9, 82, 62, 65, 66, 67, 69, 64, 78, 79, 81, 106, 109, UO, U9

Kamsas.. 28,28,86,96,104

Kbntuckt 27, 83, 87, 60, 66, 70, 86, 90, 118, 121, 123

LOUISIANA 6, 76

Mainb 66, 118

MASSA0HC7SBTTS 19,39,68,60,61,68

HINITBSOTA 17

MiSSOdRI 46,126

Nbbraska 101

NBW JBRSKT 119

NbwMbzioo ^ 16

Ohio , ., 88

Pbnnstlyania 39,40,72,87,94,122

Bhodb Island : 76, 82

South Carolina. 36,61,68,68

TbnnbsSBB 16, 21,86,42,48,69

Tbxas 6,12,30,81,68,77

URITBD Btatbs 0. C 11, 18, 24, 25, 74, 89, 91, 92, 103

116

UNITBD STATB8 D. 2, 8,4,68,78,98,106,106

UIIITBD8TATBS8. 14,17,66,107

YlRGINLA 84,9^1U

WBSTVntaiNLA 13, 20, 41, 44, 71, U4, 115



1. Abduction— Indiotment— Intent. Under Bey.

St. Ind. $ 1916^ an indictment failing to allege tbat the
abdnotion was with the intent of haying snch person
carried away from his residence Is bad.— iSla<e v, SvtUm,
8. 0. Ind., Jan. 13, 18b9; 19 N. S. Bep. 608.

8. ADiiiSALTT — Caose of Loss. Where a yessel

was negligently ran ashore, and a storm coming on,
was yoluntarily scuttled to saye her from total loss:
Heldf that the stranding, and not the storm, were the
proximate cause of the loss. — Park v. The Baxter, U. S.
D. C. (N. Y.), Noy. 80, 1888; 87 Fed. Bep. 319.

8. ADMIRALTT— Collision.— Qucstion of negligence
in oyertttklng and passing yessel. — MUUteH v. The
Noriham^V, S. D. 0. (N. Y.), Jan. 9, 1889; 87 Fed. Bep.
388,

4. ADMIRALTT— Jurisdiction— Contract with Steyedore.

A claim for seryices rendered by a steyedore in

loading or unloading a yessel Is a maritime contract,
within the principles of admiralty 'Jurisdiction.— A/y^a<<
V. The GiUteri Knapp, 0. S. D. O. (Wis.); Jan. 7, 1889; 87
Fed. Bep. 209.

6. ADysRSB PosSBSSiON— Good Faith— Prescription of
Ten Years. Good faith and possession are not suf-
ficient to acquire immoyable property by the prescrip-
tion of 10 years. — Beer v. Leonard, 8. O. La., Dec. 6, 1888;
6 South. Bep. 267.

6. AFFiDAyiT — Acknowledged Before Plaintiff's At-
torney. . X% is not error to refuse to strike out an

aflldayit of plaintiff's inability to giye security for costs,
on the ground that it was acknowledged before plaint-
iff's attorney as notary. — Ryhwm v. Moore, S. C. Tex.,
Noy. ^, 1888; 10 8. W. Bep. 898.

7. APFBAiABeylew on Second Appeal.' — ^—Questions
which were open to dispute, and were either expressly
or by implication decided on a first appeal, are not



open for reyiew on a second appeal, but only so much
of the proceedings as haye taken place after the order
remanding the cause.— Jf<0f limey p. State, 8. 0. Ind., Jan.
88, 1889; 19 M.K. Bep. 618.

8. ANDCALS— Buiining at Large. Oonstruetlon of

Ck>de Ga. $ 1456, as to time when law goes into effect. —
Bolttman v. Kingery, 8. 0. Ga., Jan. 16, 1889; 8 8. S. Bep.
685.

9. Arrxst- Joint Tort-feasors. Where seyeral

are engaged In making a lawful arrest, one is not liable
for the unlawful act of another, done without his concur-
rence, though In furtherance of the common purpose.—
Wert V, Potte, 8. 0. Iowa,. Jan. 38, 1889; 41 N. W. Bep. 875.

10. Bridobs— Defects— Action. Under Oode Ga. f

600, any personal damage by reason of defects in the
bridge may bring an action either against contractor of
county.— ^mokf v. Henry Co., 8. 0. Ga., Jan. 9, 1889; 8 8.
E. Bep. 606.

11. Oarribrs— Of Freight — Discrimination. Dis-
criminations by railroad companies in freight rates,
based solely on the amount of freights shipped, are
unwarrantable. — Kinsley v, Buffalo, K, T, ^ P, R. Co,, IT.
8. 0. 0. (Penn.), Koy. 80, 1888; 87 Fed. Bep. 181.

12. Oarribrs of Goods— Dellyery. Under Bey. St.

Tex. arts. 381, 282, a railroad company is liable as a car-
rier for goods not discharged from Its car though a
third person has agreed with the consignee to unload
them. — Mo, Pac, Ry, Co, v, Saynet, 8. 0. Tex., Noy. 80,
1888; 10 8. W. Bep. 898.

18. OONFUOT OP Laws — Distribution of Property —

Domicile of Decedent. The laws of the State In

which the domicile of a decedent is at the time of his
death contiol and goyern the distribution of his per-
sonal estate, although he may die in another State. —
Whttev, Tennani, W. Ya. Ot. App., Dec 1,1888; 8 8. B.
Bep. 696.

14. CONSTITUTIONAL LAW— Drammcr's Tax — District

of Columbia. Act Cong. Feb. 21, 1871, (16 St. p. 419, f

1,) confers upon the District of Columbia only munlc*
ipal powers, and does not authorise It to Impose a
license upon persons soliciting the sale of goods on be-
half of indlyiduals or firms doing business outside of the
district.— Stouteaimrgh, Intendant of Waehiniftoii Aeyhanv,
Henmck, Jan. 14, 1889 ; 9 8. C. Bep. 256.

16. Constitutional Law — Unwise Leisrislatlon.

That an act is unwise is no reason for declaring It yoid.
— Vemoval v. Davideon Co,, 8. C. Tenn., Jan. 17, 1889; 10.8.
W. Bep. 868.

16. Contract— Construction— Certainty. In a con-
tract for the sale of an undiylded interest in a minei
Held, that under the stipulations appearing in contract,
that the sum promised to be paid was certain.— Batee v.
Childers, 8. C. N. Hex., Jan. 18, 1889; 20 Pac. Bep. 164.

17. Contracts— Interpretation. Where a purchaser

agrees to pay the full cost of the labor, tools, and mate-
rials used in cutting, dressing, and boxing granite, and
"insurance on the same," he is not liable for Insurance,
where none was eyer taken out by the seller. — TWeon
V, UnUed States, Jan. 14, 1889; 9 8. C. Bep. 256.

18. Contract — Bight to Purchase. A party pur-
chasing may contract, before his purchase, to sell and
that contract may be enforced. — United States v, Trini-
dad Co., U. 8. C. C. (Colo.), Jan. 10, 1889; 87 Fed. Bep. 180.

19. Contracts — Waiver of Terms. In a contract

for the construction of a house, it was stipulated that
no charge should be made for extra work, unless the
same should be ordered In writing: Held, that evidence
that the owner had orally requested the performance
of certain work might be held a waiver of the stipula-
Hon,— Bartlett v, Stanchjleld, 8. J. C. Mass., Jan. 6, 1889; 19
N.B.Bep.649.

80. Corporations — Suit by Stockholder. Facts

which stockholder must show to entitle him to bring
suit In behalf of the corporation. — Rathbone v. Park-
ersbarg Co.,Vf, Ya. Ct. App., Dec. 1, 1888; 8 8. £. Bep. 670.

21. Costs. Constraction of Act Tenn. 1829, f 8912 as



Digitized by



Google



Vol. 28.



THE CENTKAL LAW JOURNAL.



269



to right of plmlntlfl .to costs. — Stepper v, BwrUmt 8. 0.
Tenn., Not. 18, 1888; 10 S. W. Bep. 858.

3S. Oomnrnis— Oonnty Commissioners. Term of

ofllce under Laws Ind. March?, 1885, providing for the
term of county commissioners, respondent was entitled
to servB the regular period of three years from the time
of commencing service, and as this carried him to a point
where there was a fraction of a term he was entitled to
serve to the end of such current regular term.— 5tate v,
Ciendeiming, 8. 0. Ind., Jan. 25, 1889; 19 N. S. Rep. 628.

88. Courts— District Courts— Jurisdiction — Foreclos-
ure of Tax Liens. — Under ch. 89, Laws 1877, no extraor-
dinary power or Jurisdiction Is conferred upon dis-
trict oonrts, but only an additional remedy or cause
of action Is thereby given to a county by which It may,
under certain conditions, foreclose a tax lien. — BngU$h
V. Woodwum, 8. C. Kan., Dec. 8,1888; 20 Pac. Bep. 268.

34. OOUBTS— Federal Courts— Injunction. Held,

under facts that the circuit court would not restrain
the right to extend one railroad across another.— U, P.
Rmjf. Co. V, Denver R. Jt., U. 8. D. 0. (Colo.), Jan. 6, 1869;
87 Fed. Bep. 179.

26. CousTS — Federal Jurisdiction — Following State
Prtictlce— ^ The courts of the United States sitting in
equity may administer equitable rights peculiar to the
laws of a 8tate where the courts are held. — FeekkHtntr
9. Bdmm, U. 8. C. C. (Ga.), 8an. 8, 1888; 87 Fed. Bep. 167.

86. Cbimihal Law- Charge of Judge. Under Const.

8. C. art. 4, 1 26. a Judge cannot in his charge to the Jury
give his opinion of the testimony.— State v, Caddon, 8. C.
8. Car., Jan. 8. 1889; 8 8. B. Bep. 636.

27. Criminal Law— Continuance— Absent Witnesses-
Affidavit. Where an affidavit for a continuance,

made by a defendant In a criminal case, sets out evi-
dence which, if proved, would entitle the defendant to
an acquittal, the court cannot refuse the continuance
because of disbelief in the st'atexrients of the affidavit.-
Baker V, CommtmweaUh, Ky. Ct. App., Jan. 84. 1889; 10 8.
W. Bep. 866.

28. Cbimimal Law— Indictment. Beld, that the in-
dictment though informal in some respects, stated an

. offense advised aefc.ndant of what he was to meet and
was subtttantially sufficient. -^iStats r. Paimer, 8. C. Kan.,
Jan« 6, 1889; 80 Fac. Bep. 870.

29. CovBNAiiTS— Damages— Evidence. Covenant

for damages for breach of contract for the exchange of
land: Beid^ under facts that tax- bills were no evidence
of value of land.— JTeimsrsftofar v. OaUagher, 8. C. Pa., Jan.
88,1889;16Atl. Bep. 618.

90. Damaobs— Negligence. Sufficiency of instruc-
tions as to want of ordinary care upon question of ex-
emplary damages. — Mo. Pac. Rif, Co, v. Shmfordt 8. C.
Tex., Nov. 80, 1888; 10 6. W. Bep. 408.

81. Damaobs— Personal Injuries — Bxcesslve. In

an action for personal Injuries to wife: Held, under
facts that a verdict for 15,000 was not excessive. — Mo.
Pac S. R. V. MUekM, 8. C. Tex., Nov. SO, 1888; 108. W.
Bep. 411.

82. Dbbd — Consideration. A conveyance to the

widow of the grantor's deceased son, of property left
by theson,lsJ)asedupon a consideration of love and
affection, which will support It as between the parties.
^BeUhv.ReUh, 8.0, Iowa, Jan. 28, 1889; 41 N. W. Bep.
871.



83. DRPOSinoHS- Appeal. Gen. St. Ky. ch. 118, f 81,

with reference to depositions of attesting witnesses of a
will does not apply to proceedings In the circuit court on
appcai from the county court In probate proceedings.—
Moore v, SwtUh, Ky. Ct. App., Jan. 19, 18^; 10 8. W. Bep.
880.

34. EjBGTMBiiT— Improvements — Evidence of Value.

Cdnstruotlon of Code Vs., 1878, ch. 132, allowing

defendant In ejectment to recover the value of Im-
provements not exceeding the amount to which the
value of the premises Is Increased by them, etc. — HoU-



istgeuforth v. Funkhameer, 8. C. Vs., Nov. 8, 1888; 8 8. B.
Bep. 688.

86. ELBOnoHS AKD VoTBBB — Counting Ballots. ^

Construction of U. B. Bev. Stat. $6615, providing pun-
ishment for election officers falling to properly count
baUots. — UnUed StaUe v. BadineUi, V. 8. C. C. (Tenn.),
Dec. 80, 1888 ; 87 Fed. Bep. 144.

86. Elbotioms akb Votbbs — Failure to Give Notice.

If an election is held to fill a vacfincy for the office

of a Justice of the peace at any other election than at
the regular city election, and no official proclamation
or public notice Is given of the election : Heldt that the
omission to give any public 'notice of the election to flU
the vacancy, and the failure of the electors to partici-
pate generally In the election, vitiates the same.— Cook
V. Mock, 8. C. Kan., Jan. 6, 1889; 80 Pac. Bep. 259.

87. Bquitt— Besclsslon of Contract — Evidence. •



In an action to rescind a purchase of land the price
paid by defendant Is not evidence of value. — HwUer v.
Owei^ Ky. Ct. App., Jan. 19, 1889; 10 8. W. Bep. 876.

88. BSTOPPBL— In Pals. An estoppel in pato arises

where one Is prejudiced by the wilful act or declara-
tion of another, upon whose conduct the former has
rightfully acted.- Bneei v. Levy, 8. C. Ohio., Jan. 29, 1889;
19 N. B. Bep. 697.

89. BviDBNoa — Value of Land. ■ Whether person
offered as a witness Is qualified to givSSoplnlon upon the
value of land Is largely a matter of Judicial discretion.—
PhiUipe V. Town o/MartUhead, 8. J. C. Mass., Jan. 4, 1889;
19 N. E. Bep. 647.

40. BXBCUTOR8 Ain> ABMI1II0TRATOB8 — DofCCt In

Parties. In an action by less than all the executors

of a will, defendant cannot take advantage of the non-
joinder of the other or others by a motion to amend
the record, after having pleaded the general Issue. —
Cowrow V. Conrow, 8. C. Penn., Jan. 88, 1889; 16 AtL Bep.
028.

41. BxscuTORS AHD ADMINISTRATOBB — Payment of

Debts. Sale of lands of decedent to pay his debts

should not be decreed without allowing bis heirs a
reasonable time to pay them. — Hart v. Hart, W. Ya. Ct.
App., Dec. 14, 1888; 8 8. B. Bep. 692.

42. EXBOUTORS AKD ADMIinSTBATOBS— PTOOf Of Claims.

Construction of Bev. St. Tex. arts. 2876, 2086, 8276, as

to presentment of claims against the estate t>f deceased.
—Jemkine v. Cain, 8. C. Tex., Nov. 88, 1888; 10 8. W. Bep.
891.

48. BzBCUTOBS AHD ADMINI8TRATOB8 — Sale of Dece-
dent's Beal Estate. Under Code Tenn. 18105, 8106,

the county court has Jurisdiction of a bill for the sale of
a decedent's realty for payment of debts when personal
estate Is Insufficient.— l>aviff v, Davie, 8. 0. Tenn., Jan. 8,
1889;10 8. W. Bep.868. . .

44. EXBOUTORS AND ADMiiasTRATORB— Sct-off by Ten-
ants. —. Upon a contract for a lease of a farm, miide

by the lessor In his life time, the rent accruing from
such lease, after the death of the ICHMor, cannot be set-
off by a debt due to the tenant from the lessor at the
time of his death, although the estate of the lessor Is
Insolvent. — WatkingUm v. CaeOewum, W. Ya. Ct. App.,
Dec 8, 1888; 88. £. Bep. 608. .

45. Garmishmbht- Property Subject to Process— Sub-
scription to Capital Stock. -: A balance due on. a

subscription to the capital stock of a corporation, to be
paid when calls should be made therefor. Is not liable
to garnishment on a claim against the corporatlo.n
when no call has been made. — Teague v, LeOrand, 8. C.
Ala., Jan. 10, 1889 ; 5 South. Bep. 887.

46. HoMiciDB — Murder In First Degree. An In-
struction that an Intentional killing was murder In the



Online LibraryAugustus John Cuthbert HareThe Central law journal, Volume 28 → online text (page 72 of 151)