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 72 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 72 of 73)
Font size
QR-code for this ebook


for such purposes. Moore «/. P. (III.). 524.

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

515. '
" Quarter** in provision for license fee payable five days from beginning of
each quarter means quarter of year, and is not ambiguous. In re Schnei-
der (Greg.). 548.



PARLIAMENTARY LAW.

" Laying on table till next meeting" does not prevent council from taking the
matter up at a meeting after such " next meeting." Cornell v. Mayor and
Aldermen of New Bedford (Mass.). 371.



PAUPER.

Attorney appointed to defend poor person cannot recover fees from the county

or State. Johnson et al, v. Whiteside Co. (111.). 281.
Settlement of, in a town, may be admitted by the town, by vote. West

Bridgewater v. Wareham (Mass.). 483.
Settlement of: votes of town in town meeting held to contain admissions that

pauper had a settlement therein. West Bridgewater v, Wareham (Mass.).

483.



PENALTIES.

See Official.

Action on official bond to recover penalty for taking illegal fee is governed by
provision of statute of limitations for actions on official bonds, and not
by provision for penalties. State v, Stevens (Ind.). 184.

Fine imposed on summary conviction, without jury, enforceable by imprison-
ment, not a violation of right to jury trial. Inwood v. Slate (Ohio). 520.

Repeal of statute imposing, is a remission of the penalty. It cannot be col-
lected thereafter. So delinquent taxpayer may redeem from sale prior to
repeal without tendering penalty in addition to redemption money. Snell
V. Campbell (N. H.). 472.



Digitized by



Google



698 INDEX.

PETITION.

For election. See Elections.

For election: signers may withdraw their names before petition is acted on by
municipal authorities; if such withdrawals reduce signatures below neces-
sary number, petition must be denied. Dutten r. Village of Hanover
(Ohio). 30.

PLAT.

Dedication for street by, complete upon conreyance of lots with reference to
plat, though plat be not properly certified for record. Hurley v, Missis-
sippi and Rum River Boom Co. (Minn.). 353.

Lots fronting on line of continuation of street: implication that street does
so continue, though not so marked on plat, and conveyance k^ld to ex-
tend to line of centre of such street produced. Hurley v, Mississippi and
Rum River Boom Co. (Minn.). 353.

Open, unmarked space on plat: dedication of, a question determinable by acts
in pais, user, etc. Hurley v. Mississippi and Rum River Boom Co.
(Minn.). 353-

PLEADING AND PRACTICE.

See Burden of Proof; Demurrer.

Bond, suit on: no breach assigned: defendant is entitled to oyer, and to rule

on plaintifif to assign breach of condition ; defence allowed under general

issue. Machiasport v. Small (Me.). 179.
Illegal fees: taken under color of official authority; averment of, A^Z/ sufficient.

State V, Stevens (Ind.). 184.
Objection to evidence for plaintiff, on ground that petition does not state cause

of action: petition liberally construed. Kansas v. School District (Kan.).

587.

Such objection overruled if any cause of action is well stated in petition.

Kansas v. School District (Kan.). 587.

PLEDGE.

Pledge of municipal certificates of indebtedness confers authority on pledgee to
receive payment. Pledgor must notify municipality of any reasons for
withholding payment. Strong v. District ot Columbia (D. C). 568.

POLICE.

Majority of police board may exercise powers of board, e.g,, may pass on charge
against police-officer. People v. Police Commissioners (N. Y.). 73.

Tax-assessors are not local police; their term not measured by that of local
police. Dibble v, Merrman et aL (Conn.). 96.

POLICE POWER,

See Nuisance.

Fire-escape ordinance held too vague in terms to sustain criminal prosecution

for its violation. Maker v. Slater Mill and Powder Co. (R. I.). 515.
Ordinances enacted as exercise of. See Ordinances.



Digitized by



Google



INDEX. 699

POLITICAL PARTY.

Membership of, cannot be made test of eligibility for office (Mich.). 18 and 29 n,

PRESIDING OFFICER.

Moderator, resignation of. See Town Meeting.

PRISONERS.

Employment of, in county jail: county commissioners control, in Massachu-
setts. County of Bristol v. Gray (Mass.). 228.

Products of their labor in county jail: master who employs them to dispose
thereof: allowance to him for expense thereof proper. County of Bristol
V. Gray (Mass.). 228.

Rules for government of: county commissioners to make^ in Massachusetts.
County of Bristol v. Gray (Mass.). 228.

Sheriff responsible for safe- keeping of. County of Bristol v. Gray (Mass.).
228.

Supplies for: county commissioners responsible for, in Massachusetts. County
of Bristol V, Gray (Mass.). 228.

PRIVATE WAYS.

Eminent domain: statutes authorizing exercise of, for opening: constitutionality
of such acts considered. 367 if.



PUBLIC DEBT.

Annexation of territory to municipality: pa3rment of previous debts. See Taxes.

PUBLIC MONEY.

See County Treasurer.

Embezzlement of, a disqualification for exercise of elective franchise under
Const. 1875. art. viii. § 3. Washington v. State (Ala.). 7.

Pubb'c officers intrusted with public money, and required to give bonds for
faithful discharge of official duties, are not mere bailees of the money, re-
quired only to exercise ordinary care and diligence; they are liable for
money stolen without their fault or negligence. Stale v. Ncvin (Nev.). 171.

Specific appropriation by law, when required by constitution, cannot be dis-
pensed with, in plainest case of public indebtedness, e.g., fees to public
officers who might have deducted their fees before paying money into pub-
lic treasury. State ex reL Graham v. Babcock (Neb.). 152.

Suit on collector's bond: plea of performance; plaintiff has burden of showing
either actual collection or duty and leg^ authority to collect certain
moneys, before defendant has burden of proving performance in respect
thereto. Machiasport v. Small (Me.). 179.

On such proof by plaintiff, defendant has burden of adducing evidence in

support of his plea. Machiasport v. Small (Me.). 179.

Warrant for, not invalid because it fails to direct collector how to dispose of
money when received. Town of Leominster v. Conant (Mass.). 390.



Digitized by



Google



700 INDEX.

PUBLIC WORKS, BOARD OF.

Public use the paramount object of public works. Temporary lease of public
works, when needed for public use, valid; but is subject to public right of
resumption. State ex rel, Fanger v. Board of Public Works (Ohio). 215.

Board cannot lawfully part with such power to resume. State ex reL

Fanger v. Board of Public Works (Ohio). 213.

Water-power, surplus leased: power of board to resume direct use of, when
necessary. State ex rel. v. Board of Public Works (Ohio). 213.

Water- power, surplus leased: provision that public shall pay for private im-
provements on resumption of water-power invalid. State ex reL, Fanger
V. Board of Public Works (Ohio). 213.

PUNITIVE DAMAGES.

See Damages.

PURCHASE FOR VALUE WITHOUT NOTICE.

Covenant to repair: purchaser taking, with notice of covenant not running with
the land at law, not bound in equity by same. So of covenant to repair
road. AuslcrberrytJ. Corporation of. Oldham (Eng. Ch. D.). 323.

Interest coupon, severed from bond, being for a larger sum than bond names
as interest: holder must show purchase for value without notice of the
error before maturity, to recover the sum named in coupon. Goodwin v,
Bath (Me.). 585-

QUO WARRANTO. *

Election case: record of declared election not conclusive in. State ex reL
Libbey v, Megin (N. H.). 68.

RAILWAY BONDS.

County, rights of, as owner of railway bonds considered. Scallay v. Butte
County (Cal.). 580.

RECONSIDERATION.

Of vote by school committee. See Schools.

RECORD. '

Municipal: authority of municipal officers to keep, includes authority to amend
at subsequent date. Town of Leominster v. Conant (Mass.). 390.

Of town line: location of town line becomes final by acceptance and recording
of committee's report, in absence of fraud or misconduct. Town of Suffield
V, Town of E. Granby (Conn.), i.

REFERENCE.
Award containing voluminous items, with mistakes as to some: court will not

revise award, and give judgment for proper amount, but will vacate entire

award. Strong v. District of Columbia (D.C.). 568.
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.



Digitized by



Google



INDEX. 701

REFERENCE— a?if/f»ii^^.

Report of referees under stipulation, certifying all findings of law and fact,
and all the evidence may be set aside for patent mistakes of law or fact.
Strong V. District of Columbia (D.C.). 568.
Mistake of fact must be clear, or finding clearly against weight of evi-
dence, or report will not be set aside. Strong v. District of Columbia
(D.C.). 568.

REGISTRATION.

See Elections.

RELATION.

Sureties' liability on official bond executed after entry into office: no relation
of liability without appropriate words. State v, VoWiet aL (Tenn.). 154.

REPAIRS.
Covenant for: purchaser taking, with notice of, which does not run with land
at law, not bound by same in equity. So of covenant to repair road.
Ansterberry v. Corporation of Oldham (Eng. Ch. D.). 323.

RES ADJUDICATA.

County Commissioners* judgment is, on matters within their jurisdiction.

State ex rel. v. Board of Com'rs of Washington Co. (Ind.). 98.
Injunction suit to prevent execution of tax deed and vacate sale, held res adju-

dicata by previous suit by complainant and others to test validity of tax.

Snell V. Campbell (U. S. C. C, Iowa). 472.
Special assessment: confirmation of, does not conclude defence to assessment,

of defect in petition for improvement, <./., lack of signatures. Liebman

V, San Francisco (Cal.). 598.

RESIGNATION.

Sheriff's resignation creates a vacancy to instanH, Chowning v. Soger (Tex.).
91.

ROAD.

Covenant to repidr: purchaser taking, with notice of covenant to repair, which
does not run with land at law, not bound in equity by same. Anster-
berry V, Corporation of Oldham (Eng. Ch. D.). 323.

RULES.
Prisoners: county commissioners to make rules for govenimefit of. County
of Bristol V. (vray (Mass.). 228.

SALARIES.

See Fbes and Salaries.



Digitized by



Google



702 INDEX.

SCHOOLS.

Act vesting control of property in new rillage-school authorities, but saving
vested rights, held to skve management of high-school to former township
scnool board. Board of Education v. Board of Education (Ohio). 211.

Committee on schools: vote of, appointing superintendent; committee may
reconsider at same meeting, before it is communicated to appointee, and
appoint another person. Wood v. Cutter et aL (Mass.). 203.

Contracts for schools: formalities required in making school contracts kfldnoi
to extend to certain contracts for supplies. Miller v. White River School
Township (Ind.). 144.

County commissioners may take gifts for educational purposes, though not
custodians of school fund. Christy v. Commissioners of Ashtabula Co.
(Ohio). 105.

Funds: appropriation by mistake by county court of permanent funds instead
of available funds; county treasurer liable for safe-keeping of such funds
so coming to his hands. Simons v. County of Jackson (Tex.). 199.

Funds: county treasurer's bond (in Texas) renders him and his sureties liable
for misappropriation of school funds of any kind or description, without
reference to their sources. Simons v. County of Jackson (Tex.). 199.

Municipal officers erecting a school-house can lawfully expend no more money
than is voted for the purpose. Carlton v. Newman (Me.). 454.

Nor if more than this sum is expended can the legislature authorize the

excess to be taxed upon the polls and estates of the district. Carlton v,
Newman (Me.). 454.

Property of schools: how affected by change of municipal organization.
Board of Education v. Board of Education (Ohio). 211.

Trustees of schools: judge of election of school trustees cannot administer
oath to school trustees. State ^•x rel, Atty.-Gen'l v, Horton // al. (Nev.). 65.

Trustee's power to contract debts. Miller v. White River School Township
(Ind.). 144.

Trustee of schools, advancing money to pay teachers* wages, may recover
same from township, Kcifer v» Troy School Township (Ind.). 205.

Trustee of schools has power to bind school corporation by purchase of sup-
plies, and to give valid corporate note therefor. Mfller v. White River
School Township (Ind.). 144.

SCHOOL BONDS.

Purpose of, to be specified on face : bonds referring on face to statute which
states their purpose held a sufficient specification. Kansas v. School
District (Kan.). 587.

SCHOOL LANDS.

Taxation of: school lands conferred on State by United States are taxable (<*./..
private interest therein) after sale or lease thereof, in absence of special
exemption. Bentley v. Barton (Ohio). 440.

SEAL.

See also Deed.

Agent to affix corporate seal need not be appointed under seal. 567 jv.



Digitized by



Google



INDEX. 703

SEAL — Continued.

Deed of corporation was at common law executed by affixing corporate seaU
Tiffin (City) v, Shawhan (Ohio). 556.

So of municipal corporation. Tiffin (City) v, Shawhan (Ohio). 556.

Where corporate seal, e.g.^ of municipality, is by law committed to cus-
tody of one officer, quttre whether municipality can empower another officer
to make a valid deed. Tiffin (City) v, Shawhan (Ohio). 556.

Deed sealed by authorized officer or agent of a corporation with his private
seal is not the deed of the corporation. 567 n.

Sealing by corporation by seal not its ordinary seal binding on corporation.
566 If.

SET-OFF.

Benefits of improvement against damages. See Ibiprovemsnts, Assessments

FOR.

SEWER.

See Improvements, Assessments for.

Authority to construct, not presumed an authority to create a nuisance unless
that is the necessary result; if the work can be done without, the intention
that it should be so done is presumed. But if extensive purifying works
would be necessary, it will not be implied that the end was to be so ob-
tained. Morse v, Worcester (Mass.). 642.

SHERIFF.

See Prisoners.

Compensation for provisions for prisoners, sheriff entitled^to. Fulkerth v.
County of Stanislaus (Cal.). 222.

Compensation determinable by county board subject to review in courts. Ful-
kerth V. County of Stanislaus (Cal.). 222.

Resignation of sheriff makes vacancy eo instanti. Chowning v, Boger (Tex.).
91.

Safe-keeping of prisoners: sheriff is responsible for. County of Bristol v. Gray
(Mass.). 228.

Statutory fees of, intended as full compensation for all duties; further allowance
for duties to which no fees are attached is unauthorized (e.g,, allowance to
sheriff for care of prisoners and insane persons). Board of CommVs of
Carroll Co. v, Gresham (Ind.). 224.

SIDEWALKS.

See Municipal Corporations.

SINKING FUND.

See Schools.

SLAUGHTER-HOUSE.

See Nuisance.



Digitized by



Google



704 INDEX.

SPECIFIC PERFORMANCE.

Land contract not specifically enforced where title which purchaser would ac-
quire would be doubtful and unmarketable. Tiffin (City) v, Shawhan
(Ohio). 556.

STATE.
Suffrage within, for Sute offices, a privilege exclusively within control of
State, subject to Fifteenth Amendment to U. S. Constitution. Washing-
ton V. State (Ala.). 7.

STATE TREASURER. .

Official bond of, is joint and several. Sute v. Polk (Tenn.). 154.

But if bond is accepted which binds his sureties only for aliquot parts

of the penalty, they cannot be charged for more. Sute v, Polk (Tenn.).

154.

STATUTE.
Construction of: all of a statute to be read together. Justice v. Logansport
(Ind.). 451.

STATUTE OF LIMITATIONS.

See Limitations, Statute of.

STREETS.

See Highway; Plat.

Dedication of: by plat, complete on conveyance of lots with reference to plat,
though plat be not properly certified for record, and lots AeU to go to
centre of such street as extended. Hurley v, Mississippi and Rum River
Boom Co. (Minn.). 353.

Opening of, by assessment for improvements. See Improvements, Assess-
ment FOR.

Public use: streets must be for; ordinance for opening Arid on peculiar facts
to be shown to be for private use, and injunction against opening of such
street granted. Pells v, Boswell (Ont.). 358.

Trespasser cannot assert public easement as against owner of soil, when.
Hurley v. Mississippi and Rum River Boom Co. (Minn.). 353.

SUBROGATION.

See Sureties.

SUFFRAGE.

See Elections.

A privilege rather than a right, and exclusively within regulation of Sute, sub-
ject to Fifteenth Amendment of U. S. Constitution. Washington v. State
(Ala.). 7.

Crime as ground for disfranchisement. 12 n.

Disqualification for: Coifst. 1875, ^^' ^i^i- § 3* disqualifies persons convicted of
treason, embezzlement of public funds, malfeasance in ofilce, larceny, bfi-



Digitized by



Google



INDEX. 70s

SUFFRAGE— C^/iifii/</.

bery, or other felony, and acts upon persons previotisly convicted. Wash-
ington V, Sute (Ala.). 7.
Idiots, lunatics, and minors ptohibited to exercise elective franchise. Wash-
ington V, State (Ala.). 7.

SUPERVISORS.

See County Board; and also see County Commissioners.

SUPPLIES.

Prisoners: county commissioners responsible for supplies for. County of
Bristol V. Gray (Mass.). 228.

SURETIES.

See Official Bonds.

Contribution and subrogation between original sureties on instrument in suit

and sureties on appeal bond: doctrine stated. Briggs v, Hinton et al.

(Tcnn.). 159.
Contribution from co-sureties not allowed for payment by surety which he was

not bound to pay. Briggs v, Hinton et al, (Tenn.). 159.
Subrogation between surety on bond to stay legal proceedings and surety on

the original debt. x68 if.
Subrogation of sureties on bond given to release person or property of debtor

and sureties on original debt. 169 n.

SURPLUSAGE.
Demurrer not vitiated by. Miller r. White River School Township (Ind.). 144.

TABLE.

Laying matter on. See Paruamentary Law.

TAXES.

See Eminent Domain; Improvements, Assessments for.

Abatement of tax: non-abatement no evidence of payment. Milford v. Green-
bush (Me.). 71.

Annexation of territory to city: statutory provision for payment of previous
debt of such territory by taxes levied upon property of such territory
alone, held to continue existence of previous organization of such territory
for purpose of paying such debt. City of Cleveland v, Heisley (Ohio).
444.

*— City organization may properly be used to levy such taxes, but debt does
not become city debt. City of Cleveland v, Heisley (Ohio). 444.

— Stipulation for annexation held to provide for payment of previous debt of
annexed territory in accordance with such statute. City of Cleveland v,
Heisley (Ohio). 444.

Levy of tax in such manner to amount above constitutional limit in relation

to value, avoids such tax, same as if laid by original organization of such an-
nexed territory. Stipulation for payment of debt by taxation in such man



Digitized by



Google



706 INDEX.

tier will not aathorize tax for an amount exceeding constitutional limit.
City of Cleveland v. Heisley (Ohio). 444,

Arrest for, on assessor's warrant reciting facts making a lawful case for arrest,
is justifiable, though such recitals are untrue in facL Snow v. Weeks
(Me.). 462.

Assessment: under law requiring assessment by board of three assessors, two
assessors cannot act before third has qualified. Machiasport v. Small
(Me.). 179.

Assessors of taxes are not local police; their term not measured by that of
local police. Dibble v. Merriman /{ a/. (Conn.). 96.

Assessor's warrant held invalid for ceruin informalities. Machiaspon v.
Small (Me.). 179.

Cemetery property : exemption of. 435 if.

City property in wharf is put to public use» and is exempt from taxation. Gal-
veston Wharf Co. v. City of Galveston (Tex.). 422.

Charge of reasonable fee for use of such wharf does not change its public

character. Galveston Wharf Co. v. City of Galveston (Tex.). 422.

Exemption: city property in wharf is put to public use, and is exempt. Gal-
veston Wharf Co. v. City of Galveston (Tex.). 422.

— Charge of reasonable fee for use of such wharf does not change its public
character. Galveston Wharf Co. v. City of Galveston (Tex.). 422.

expressio unius exclude unius est^ held not to apply to clause on exemp-
tion. Galveston Wharf Co v. City of Galveston (Tex.). 422.

municipality a co-owner with individuals of certain property: individual

interests not exempt. Galveston Wharf Co. v. City of Galveston (Tex.).
422.

Municipal property is exempt, in absence x>f controlling statute or con-
stitutional provision. Galveston Wharf Co. v. City of Galveston (Tex.).
422.

of cemetery property. 435 n,

of school property does not extend to school lands conferred on State

by United States after sale or lease of same by the State, i.^., to private
interest therein. Bently v. Barton (Ohio). 440.

whether it extends to special assessments for improvements. 438 n,

Expressio unius exclusio unius est^ held not to apply to clause on constitution
on exemption from taxation. Galveston Wharf Co. v. City of Galveston
(Tex.). 422.

Ice packer not a manufacturer : ice-packing corporation not a manufacturing
corporation within exemption of such corporations from taxation. Knicker-
bocker Ice Co. V, People (N. Y.). 418.

Illegal expenditure by municipality: legislatiure cannot ratify nor authorize tax
to cover such expense. Carlton v, Newman (Me.). 454.

Injunction against collection : Entire tax illegal ; collection will be enjoined at
suit of all or part of taxpayers, in order to prevent a multiplicity of suits.
Carlton i\ Newman (Me.). 454.

Injunction suit to prevent execution of tax deed, and vacate sale, held res ad-
judicata by previous suit by complainant and others to test validity of tax.
Snell V. Campbell (U. S. C. C. Iowa). 472.

Injunction will issue to restrain collection of tax on exempt property. Gal-
veston Wharf Co. v. City of Galveston (Tex.). 422.



Digitized by



Google



INDEX. 707

Interest on unpaid taxes, distinct vote fixing date when taxes are payable,
iiwcessary. Snow «/. Weeks (Me.). 462.

Invalidity of contract for compensating officers discovering and assessing
property by d>. per centum on the taxes derived therefrom, will not invalidate
such taxes. Vandercook v. Williams (Ind.). 254.

Judgment . claim under is taxable, as personalty, though held open by writ of
error. Cameron v, Cappeller et al, (Ohio). 438.

Should be listed at true and not at nominal value. Cameron v, Cap-
peller et al, (Ohio). 438

Lessee of school lands taxable in respect of such property as "property of
lessee.*' Bcntly v. Barton (Ohio). 440.

Levy cannot exceed limits fixed by statute or constitution. 450 «.

Liens of municipal taxes: Hen of, is of same rank with those of State and
county taxes. Justice v, Logansport (Ind.). 451.

Lien of: priority: no priority between State, county, and municipal taxes,
when property is of sufficient value to pay all ; where not th^ first valid tax
sale exhausting value will divest the lien of other taxes. Justice v, Lg-
gansport (Ind.). 451.

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

List of personalty : judgment claim held open by writ of error should be
listed: omission should be corrected by auditor. Cameron v, Cappeller
(Ohio). 438.

'* Manufacturer" and "merchant/' as taxable classes, considered. Engle v.
Sohn & Co. (Ohio). 413.

Manufacturers : who are and who are not. 421 n.

Municipal property not subject to, in absence of controlling statute or constitu-
tional provision. Galveston Wharf Co. v, Galveston (Tex.). 422.

Municipal property not taxable. 434 n.

Municipal taxes: liens of are of same rank with those of State and county
taxes. Justice v. Logansport (Ind.). 457.

Penalty for nonpayment: repeal of statute imposing is a remission of the
penalty. It cannot be collected thereafter, and delinquent taxpayer may
redeem from sale prior to repeal without tendering penalty in addition to
redemption money. Snell v. Campbell (N. H.). 472.

Pork-packer taxable as "manufacturer." Engle v, Sohn & Co. (Ohio). 413.

School lands conferred on State by United States are taxable (t.^., private in-
terest therein) after sale or lease thereof in absence of special exemption.



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 72 of 73)