Lawrence Lewis.

American and English corporation cases : a collection of all corporation cases, both private and municipal (excepting railway cases), decided in the courts of last resort in the United States, England, and Canada [1883-1894] online

. (page 70 of 73)
Online LibraryLawrence LewisAmerican and English corporation cases : a collection of all corporation cases, both private and municipal (excepting railway cases), decided in the courts of last resort in the United States, England, and Canada [1883-1894] → online text (page 70 of 73)
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lieutenant-governor. State v, John (Mo.). 238.
Cumulative voting, constitutionality of sututes providing for. 39 if.
Cumulative voting not authorized by Ohio constitution: statute attempting to

establish it void. State v, Constantine (Ohio). 33
Election must conform to constitutional requirements to be valid. State v,

Constantine (Ohio). 33.
Elector entitled to vote for a candidate for each office to be filled at the election.

State V. Constantine (Ohio). 33.
Elector's right to vote for all officers: statute providing for election of four

members of police board at one election, but denying elector the right to

vote for more than two, is in conflict with Ohio Constitution, art. v. State

V. Constantine (Ohio). 33.



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INDEX. 679

BLECTlOli— Continued.

Invalidity of act creating new district electors not bound to take notice of such
invalidity, and vote in old district organization. People v, Thompson
(Cal.). 47.

Judge of election of school trustees cannot administer oath to school trustees.
State V. Horton et al. (Nev.) 65.

Judicial district: counties too small for separate district added to county large
enough to be separate district, all making one districl; electors of all the
component counties entitled to vote at judicial election of such district.
(Pa. Const, art. v. § 5.) Bredin*s Appeal and Greer's Appeal (Pa.). 42.

New district not properly created: nearly colorable election held in old district
Jield not to entitle parties receiving plurality of votes in such colorable
election to office. People v. Thompson (Cal.). 47.

Notice of, by proclamation: necessity for. People v, Thompson (Cal.). 47.

Parol evidence to explain ballots. 55 «.

Petition for: in mandamus proceedings, issue whether petition has proper
signatures is not one of right triable by jury. Dutten v. Village of Han-
over (Ohio). 30.

Petition for: signers may withdraw their names while petition is under con-
sideration by municipal council. If such withdrawals reduce signatures
below necessary number, petition must be denied. Dutten v. Village of
Hanover (Ohio). 30.

Reconsideration of. See School Committee.

Record of, not conclusive in quo warranto proceeding. State v, Megin (N. H.).
68.
' Registration boards made up of members of the two leading political parties,
to be appointed by commissioners, themselves appointed by city council;
statute providing for, unconstitutional: (i) as removing appointing power
f lom the people and their representatives; (2) as making membership of a
political party a test for office. Atty.-Gen'l v. Board of Councilmen of
the City of Detroit (Mich.). 18.

Tellers appointed in town meeting: authority of, does not cease with resigna-
tion of chairman appointing them. Attorney General v, Crocker et al,
(Mass.) 57.

Voting lists: copies of, made by town clerk, now deceased, but not made as
part of official duty, inadmissible in evidence. Milford v. Greenbush
(Me.). 71.

EMBEZZLEMENT.

Disqualification for exercise of elective franchise under Const. 1875, art. viii.
g 3 (in case of public funds). Washington v. State (Ala.). 7.

EMINENT DOMAIN.

See also Improvements, Assessments for.

Abatement of nuisance by exercise of: attempt so to do by municipality with-
out enabling act, is unconstitutional. Cavanagh v. City of Boston
(Mass.). 311.

Abatement of nuisance by municipality is not an exercise of power of eminent
domain. Theilan v. Porter (Tenn.). 486.



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68o INDEX.

EMINENT DONLAW—Omeintud.

Access: injury to, most be compensated. Cohen v. Cltj of Cleveland (Ohio).
405.

Damages to property, by preventing access, cutting off light and air, and by
jarring, as by a viaduct in front of and above, recoverable. Cohen v. City
of Cleveland (Ohio). 405.

Ditch for county purposes: compensation for property taken for, may be out
of county treasury. Zimmerman v, Canfield et al and Zimmerman v.
Prickett // «/. (Ohio). 382.

Ditches for county purposes: statutes authorizing, i^i^/ constitutional. Zim-
merman V. Canfield eta/, and Zimmerman v, Prickett et al. (Ohio). 382.

Ditch: view of proposed ditch by county commissioners, to determine need for,
is exercise of political and not judicial function: notice to landowner not
necessary. Zimmerman v, Canfield et al. and Zimmerman v. Prickett
et al. (Ohio). 382.

Improvements, assessment for, of benefits in reduction of damages by taking,
constitutional. Genet v. City of Brooklyn (N.Y.). 395.

Light, obstruction of, must be compensated. Cohen v. City of Cleveland
(Ohio). 405.

Municipality can condemn lands beyond its borders only by express grant of
power. Houghton Common Council v. Huron Copper Mining Co.
(Mich.). 315.

Nuisance, abatement of, by eminent domain considered. 314 n.

Political function: view by county commissioners to determine need for pro-
posed ditch is exercise of, and not of judicial function : notice thereof to
property-owner not necessary. Zimmerman v. Canfield et al. and Zimmer-
man V. Prickett et al. (Ohio). 382.

Private ways: constitutionality of sututes authorizing opening of, by eminent
domain. 367 n.

Several tracts, taking of, necessary to complete use of, each: all must be con-
demned in same proceeding. Washington Ice Co v. Lay (Mich.). 375.

** Taking for public use," note on. 412 n.

Viaduct: damage to property by viaduct recoverable though no property is
taken, and though viaduct is a lawful structure. Cohen v. City of Cleve-
land (Ohio). 405.

Vibration and jarring of property elements of damage to be compensated.
Cohen v. City of Cleveland (Ohio). 405.

View of line of proposed ditch by county commissioners, to determine need
thereof, under statute directing, such view is exercise of political znd, not
judicial function, notice of such action to property-owner unnecessary.
Zimmerman v. Canfield etal. and Zimmerman z/. Prickett et al. (Ohio). 3S2.



ENTRY, WRIT OF.

Bar of statute of limitations held to have intervened on peculiar facts. Barker

etal. V. Barrows (Mass.). 208.
Title tried by, in Massachusetts: grant by deed of fee ** to be used for school

purposes and no other " is not upon condition. Barker et al. v. Barrows

(Mass.). 208.



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INDEX. 68 1

ESTOPPEL.

Payment of judgment in trial court no estoppel against attacking judgment in
appellate court against party not before that court. Briggs v, H in ton
(Tenn.). 159.

Purchaser at tax sale not estopped from obtaining tax deed by allowing prop-
erty to be assessed against former owner, and subsequent taxes to be paid
by him {setnbU)\ so of municipality buying for taxes. Berry v, Bickford
(N.H.). 470.

EVIDENCE.

Appendices of printed official reports held admissible as evidence. Milford v,
Greenbush (Me.), 71.

Highway, injury to one driving upon; evidence that plaintiff had directed the
horse shod in a way to avoid a habit of stumbling, admissible for defend-
ant. Sprague z'. Bristol (N.H.). 665.

Objection to on ground that petition does not state cause of action ; petition
liberally construed. Kansas v. School District (Kan.). 567.

Such objection overruled if any cause of action is well stated in petition.
Kansas v. School District (Kan.). 587.

Official character: proof of. 69 #f.

Scientific books cannot be read to contradict expert, except where he has based
his opinion upon work of a particular author when that work may be read
to contradict him. Bloomington v. Shrock (111.). 659.

Scientific books generally not admissible, either directly or to contradict an ex-
pert; but where expert assumes to base opinion on work of a particular
author, that work may be read to contradict him. Bloomington v, Shrock
(111.). 659.

Scientific books are not admissible as opinion evidence or in support thereof^
but are, in contradiction of expert. 662 n.

Scientific books: what foundation necessary for admission of. 663 n.

EXECUTION.

Municipality: execution against may (in Maine) be levied upon the goods and
chattels of the inhabitants; statute authorizing such proceeding not in con-
flict with U. S. Court, XlVth Amendment. Eames v. Savage (Me.). 627.

Official bond: judgment on, for amount of penalty; execution for amount of
loss; reference proper to ascertain amount of loss. Machiasport v.
Small (Me.). 179.

EXEMPLARY DAMAGES.

^ See Damages.

EX POST FACTO LAW.

See Constitutional Law.

Alabama constitution of 1875, art. vii. §3, making conviction of felony a dis-
qualification for exercise of elective franchise acts upon convictions prior
thereto. Washington v. State (Ala.). 7.

Such provision not an ex post facto law, nor a provision in nature of bill of at-
tainder within prohibition of Federal Constitution. Washington v. State
(Ala.). 7.



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682 INDEX.

EXTRAS.

SeeFEBS.

FEES AND SALARIES.

Assessors' compensation txed per list, Aeld to mtaai each list taken by him,,
whether it contained property or not. Harrison v. Commonwealth (Ky.)-

247.
Attorney appointed by court to defend poor person cannot recover fees from

the county or State. Johnson v, Whiteside Co. (III.) 281.
Auditing of claim for: averment of, Ae/i/ su£Bcient to show compliance with

statute. Jones v. Morgan (Cal.). 287.
Auditor required by statute to complete unfinished work of assessor: such

statute M</ no authority to county board to vote auditor additional com-
pensation for such services. Vandercook r. Williams (Ind.). 254.
Changing compensation of patrolmen and policemen: acts providing for, Aeld

constitutional. Mangam v. City of Brooklyn (N. Y.). 292.
Changing fees and percentages: constitutional provision against (N. Y. Const.

art. iii. § 18), held to apply only to officers not receiving fixed and ceitain

salaries. Mangam v. City of Brooklyn (N. Y.). 292.
Changing salary of municipal officers. 272 n.

Common law: generally no compensation for municipal officers at. 267 n.
Compensation of municipal officers: requisites for: constitutional office: stat-
ute or ordinance authorizing payment: due qualification of officer by bond*

oath, etc. , and title to the office. 267 n.
Compensation of municipal officers: usually none at common law. 267 n.
Compensation of municipal officers: who liable for. 279 n.
Contract by county board to pay district-attorney for work within his official

duties, would be void: otherwise of contract to attend to case after his

term expired. Jones v. Morgan (Cal.). 287.
County clerk: statutory authority necessary, authorizing him to receive, fixing

amount, and authorizing county commissioners to pay. Noble v. Board

of Comm'rs of Wayne Co. (Ind.) '241.
County-commissioners' salaries in Massachusetts are in full of compensation

for their services, including travelling expenses. County of Bristol v.

Gray (Mass.). 228.
County treasurer: compensation of, determinable by county board in certain

counties. Supervisors of Seneca Co. v. Allen (N. Y.). 262.
Discovery of property owned by city: compensation for. 262 n.
Duties imposed upon officer by law to which no compensation is attached

must be performed gratuitously. Board of Comm'rs of Carroll Co. v.

Gresham (Ind.). 224.
Expenses of county commissioners for travelling are, in Massachusetts,

covered by their salaries: no extra allowances made therefor. County of

Bristol V, Gray (Mass.). 228.
Extra compensation for extra services. 273 n.
Forfeiture of salary. 280 n.
Gross sum in compensation for services of officer authorized by statute, ** and

no more," >l^/^that such sum is in full for all services performed by him.

including services in completing the duties of other officers. Vandercook

V. Williams (Ind.). 254.



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INDEX. 683

FEES AND SALARIES-Continu^d.

Health, board of: compensation of secretary of, discretionary with county com-
missioners: no appeal from their order. Waller v. Wood (Ind.). 231.

Illegal fees: taking under color of ofScial authority; averment of, ^^/d suffi-
cient. State V, Nevin (Ind.). 184.

Illegal official fees: penalty for illegal taking of five times amount of such fees
taken does not put defendant twice in jeopardy. State v. Nevin (Ind.).
184.

Invalidity of contract for compensating officers discovering and assessing
property by a percentum on the taxes derived therefrom will not invali-
date such taxes. Vandercook v. Williams (Ind.). 254.

Listers of town property: fees of, determinable by the town. Barnes v. Town
of Bakersfield (Vt.). ,246.

Mandamus to obtain: right to office not triable on. State v. John (Mo.). 238.

Physician as secretary of county commissioners as board of health entitled to
compensation to be determined by county commissioners. Waller v.
Wood (Ind.). 231.

Possession and title to office (de facto and de jure) considered respectively as
affecting right to compensation. 267 n,

Prima-facie holder to office must be recognized as entitled to compensation
until title to office settled. State v. John (Mo.). 238.

Short-hand reporters (official): act allowing judge in whose court they serve to
determine their compensation, is constitutional. Smith v, Strothers
(Cal.). 234.

Specific approbation by law of public money cannot be dispensed with, even
for payment of official fees, which officers might have deducted before
paying money into public treasury. State ex rel, Graham v, Babcock
(Neb.). 152.

Statutory allowance of, intended as full compensation for service. Further
allowance for duties to which no fees are annexed is unauthorized (^.^.,
allowance to sheriff for care of prisoners and insane persons). Board of
Comm'rs of Carroll Co. v. Gresham (Ind.). 224.

Statutory authority necessary as to county clerk, authorizing him to receive,
fixing amount, and authorizing county commissioners to pay. Noble v.
Board of Comm'rs of Wayne Co. (Ind.). 241.

Tax sale: compensation of officers for making, does not depend on validity of
sale. Aldrich v. Picard (Tenn.). 243.

Tax sale, fee of clerk for making, in Tennessee, determined. Aldrich v,
Picard (Tenn.). 243.

FELONY.

Disqualification for exercise of elective franchise under Const. 1875, art viii,
g 3. Washington v, Sute (Ala.). 7.

FIRE ESCAPE.

Ordinance regulating held too vague in terms to sustain criminal prosecution
for its violation. Maker v. Slater Mill and Powder Co. (R. I.). 515.

FORFEITURE.

See Penalties.



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684 INDEX.

FRAUD.

Town line: location of, may be vitiated by frand or misconduct. Town of
Suffield V. Town of E. Granby (Conn.), i.

HEALTH, BOARD OF.

Compensation of secreury of, discretionary with county commissioners: no
appeal from their [order. Waller v. Wood (Ind.). 231.

County commissioners are, in Indiana. Waller v. Wood (Ind.). 231.

Physician employed as secretary by county commissioners acting as, entitled
to compensation, to be determined by county commissioners. Waller v.
Wood (Ind.). 231.

HIGHWAY.

See also Private Ways; Strxbts.

Bridge is part of. Whitcher v. Somerville (Mass.). 658.

Declaration of purpose of road by deed, that it should be *' open to use of
public at large for all manner of purposes in all respects as a common
turnpike road," but subject to payment of tolls, not a dedication. Aus-
terberry v. Corporation of Oldham (Eng. Ch. D.). 323.

Dedication for public use. 353 «.

Dedication with reservation of right to charge tolls, impossible except by-
legislative permission. {Semble,) Austerberry v. Corporation of Oldhan^
(Eng. Ch. D.). 323.

Existence of, once established, continues till terminated in manner known to
law. Refusal of county board to locate a highway where one already exists
does not vacate such existing highway. Washington Ice Co. v. Lay (Ind.).
375.

Injury to one driving upon ; evidence that plaintiff had directed the horse shod
in a way to avoid habit of stumbling, admissible for defendant. Sprague
V, Bristol (N. H.). 665.

Obstruction by easily removable fence is a nuisance which will be prevented
by injunction, where continuance is threatened. Town's liability for in-
juries therefrom gives it interest sufficient to enable it to maintain bill.
Burlington v, Schwarzman (Conn.). 652.

Opening of, by county board final : questions of public and private use are con-
cluded by their decision. Washington Ice Co. v. Lay (Ind.). 375.

Opening of : petition and proposed order for, laid over : new proceedings be-
gun : vote ordering was as asked by first petition : proceedings held regu-
lar, and to afiford no ground on certiorari for order to quash. Cornell v.
Mayor and Aldermen of New Bedford (Mass.). 371.

Petition for: requirement of signatures of freeholders is not a requirement
that the fact of freeholding by signers shall appear on face of petition.
Washington Ice Co. v. Lay (Ind.). 375.

Petition to county board for : board are judges of sufficiency of petition : ob-
jections not taken before the board are waived. Washington Ice Co. r.
Lay (Ind.). 375.

Variance, slight of petition, and evidence, as to location of highway, JUldnot
fatal. Washidgton Ice Co. v. Lay (Ind.). 375.

IDIOTS.

Elective franchise; idiots prohibited to exercise. Washington v. State (Ala.). 7.



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INDEX. 685

ILLEGAL FEES.

See Fees and Salaries.

IMPRISONMENT.

Fine upon summary conviction.

IMPROVEMENTS, ASSESSMENTS FOR.

Assessments for, are exercise of legislative right of taxation : whose determi-
nation is final. Genet v. City of Brooklyn (N. Y.). 395.

Benefit assessed in payment of damages for taking, is just compensation for
land taken. Genet v. City of Brooklyn (N. Y.). 395.

Constitutionality : benefits, assessment of, in reduction of damages by taking,
constitutional. Genet v. City of Brooklyn (N. Y.). 395.

So though fixing of district for assessment is by one body, and assess-
ment of benefit is by another body: and though entire cost of a great im*
provement is laid on district so fixed. Genet v. City of Brooklyn (N. Y.).

395.
^— So though aliquot part of entire cost of improvement (proportioned to
its size in relation to that of the whole district) is assessed as benefit upon
a tract, irrespective of actual benefit. Genet v. City of Brooklyn (N. Y.).

395.

Damages and benefits: each tract treated separately as a unit: no set-off of or
consolidation of damages and benefits to several tracts owned by same
person. Genet v. City of Brooklyn (N. Y.). 395.

Damages by improvement to be compensated. See Eminent Domain.

Damages to property not abutting on improvement, recoverable, but need not
be sought in the assessment proceedings. Cohen v. City of Cleveland
(Ohio.). 405.

Exemption from taxes: whether it extends to special assessments for improve-
ments. 438 n.

Laying out of improvement must precede assessment, and must be sufficient
to acquaint land-owners with nature and extent of improvement. Town
of Leominster v. Conant (Mass.). 390.

Laying out of improvement: no previous notice necessary. Town of Leomin-
ster V. Conant (Mass.). 390.

Notice not necessary to precede laying out of improvement. Town of
Leominster v, Conant (Mass.). 390.

Particular improvement built: then general plan for improvements adopted,
including the particular improvement, before assessment made therefor,
and increasing assessment of land-owners beyond share of such first im-
provement: proceedings held valid. Town of Leominster v, Conant
(Mass.). 390.

Report of assessment committee: ordecof county court confirming does not
estop defense to assessment of defect in petition for improvement: e.g.^
lack of signatures. Liebman v, San Francisco (Cal.). 598.

Sewer: laying out must precede assessment for: must be certain to degree
sufficient to acquaint parties assessed with nature and extent of the im-
provement Town of Leominster v, Conant (Mass.). 390.

Street opening: part of lot Uken for: assessment upon residue proper: lia-
bility of public limited to excess of award of damages over amount of
benefit. Genet v. City of Brooklyn (N. Y.). 395.



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686 INDEX.

INDEPENDENT CONTRACTOR.

Liability of, for injuries from negligence in work, limited to injuries collateral
to work. Circleville v, Neuding (Ohio). 656.

INDUSTRIAL SCHOOL.

Commitment of minor to: act authorizing justice of peace to make, for offence

of which he has jurisdiction only to recognize with sureties is contrary to

bill of rights. Sute v, Ray (N. H.). 135.
Commitment to a penal sentence. State v. Ray (N. H.). 135.
Magistrate's commitment to, would not bar sentence to prison for same

offence; therefore, sentence to industrial school is illegal. State v. Ray

(N. H.). 135.
Penal and reformatory character of. State v. Ray (N. H.) 135.

INJUNCTION.
Constitutional right to equal protection of laws; deprivation of, would be ao

irreparable injury and is ground for injunction. Barthet v. New Orleans

(U. S. C. C. La.). 509,
So of attempted deprivation of constitutional right secured by XlVth

Amendment, e.g.^ by ordinance forbidding maintenance of slaughter-house

without council's permission, after it was located in compliance with

former ordinance. Barthet v. New Orleans (U. S. C. C). 509.

Above opinion strongly disapproved in note. 514 «.

Nuisance as ground for. See Nuisance.

Opening of street by municipality for what evidence showed to be a private

use, restrained by injunction. Pells v. Boswell (Ont.). 358.
Obstruction of highway by easily removable fence prevented by injunction,

where continuance threatened. - Burlington v. Schwarzman (Conn.). 652.
Town's liability for injuries therefrom gives it interest, sufficient to enable

it to maintain bill. Burlington v, Schwarzman (Conn.). 652.
Taxes: injunction against levy or collection of. See Taxes.
Tax on exempt property : collection of, restrained by injunction. Galveston

Wharf Co. r. City of Galveston (Tex.). 422.

INJUNCTION BOND.
Subrogation between sureties on, and sureties oo original debt. 168 »•

INSTRUCTIONS TO JURY.

See Jury awd Jury Trial.

INTEREST.
Interest coupons on municipal bonds: See Municipal Bonds.
Judgment against defaulting county treasurer should bear interest from first

of year succeeding default. Simmons v. County of Jackson (Tex.). 199.
School fund: interest-bearing notes for; county treasurer and bondsmen liable

for such interest in Texas. Simmons v. County of Jackson (Tex.). 199.
Taxes: interest payable on when. See Taxes.



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INDEX. 687

INTOXICATING LIQUORS.

" Bar-room or drinking shop" is a place where the business of selling liquor
to be drank on the premises is carried on. Jn re Schneider (Oreg.). 548.

College, towns, and villages : act authorizing such towns to provide against
evils of sale of intoxicating liquors not an unconstitutional classification
of towns and not unconstitutional. Bronson v. Oberlin (Ohio). 529.

College towns and villages not authorized by such act to prohibit sale of
liquor within their limits. Bronson v. Oberlin (Ohio). 529.

Delegation to villages of power to regulate sale of liquor held not unconstitu-
tional under Ohio constitution. Bronson v, Oberlin (Ohio). 529.

License:
Bond may be required of licensee to obey ordinances. In re Schneider

(Oreg.). 548.
Such bond may exceed in amount the fine which city is authorized to impose,
but must not be unreasonable in amount. Jn re Schneider (Oreg.). 548.
Bond calling for observance of ** all other ordinances*' construed to mean all
other ordinances relating to drinking shops. Jn re Schneider (Oreg.). 548 .
Ohio " Scott law" required tenant to obtain landlord's written consent to sell
liquor on the premises in order to make sale valid. This in effect required
a license, and violated constitutional provision that no license to traffic in
intoxicating liquors shall hereafter be granted. Butzman v, Whitbeck
(Ohio). 535.
Ohio Scott law, so far as providing for a lien on real estate occupied by
tenant dealing in liquors, for assessment against dealer, is in effect a
license law and unconstitutional. Butzman v. Whitbeck (Ohio). 535.
Whether law is a license law is determined by its operation and effect and
not from its form and words. Butzman v, Whitbeck (Ohio). 535.

Ordinance prohibiting sale or gift of, with proviso for sale by druggists for
medicinal and mechanical purposes, without provision for written permit
to druggists, is a general permission to all druggists to sell for such pur-
poses. Moore z'. People (111.). 524.

JEOPARDY.

See Constitutional Law.

JUDGMENTS.

Claim under is taxable as personalty. Cameron v. Cappeller (Ohio). 438.

So though judgment is held open by writ of error. Id.



Online LibraryLawrence LewisAmerican and English corporation cases : a collection of all corporation cases, both private and municipal (excepting railway cases), decided in the courts of last resort in the United States, England, and Canada [1883-1894] → online text (page 70 of 73)