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(CIVIL REMEDIES; RULES AND PRINCIPLES.) Annuities.

J in lieu of dower, is held not to be apportionAn annuity created by will, to be paid to able, so that her death pending a yearly an adult during the lifetime of the husband period will terminate all claim to any porof the testatrix, is held not to be apportion- tion of the sum that would have become able in the absence of anything in the will payable at the termination of that period. to indicate such an intent. (Miss.) 616. (Conn.) 625.

An annuity, even when given to a widow

VII. CIVIL REMEDIES; RULES AND PRINCIPLES.

Appeal.

ple provision for the regulation of such A judgment of a state court is held not charges. (Mo.) 761. to be reviewable in the Supreme Court of

Receivers. the United States on the ground that it A receivership is held to be a purely andenied a riht, title, privilege, or immunity cillary remedy, and not to be maintainable secured by the Federal Constitution, where in a proceeding instituted solely for that it does not appear on the face of the record purpose. (Neb.) 791. that such right, title, privilege, or immunity

Equity. was specially set up or claimed in the state

Equity is held to have no original juriscourt. (U. S.) 329. A Federal question first raised in a peti: to coerce the payment by stockholders of

diction at the suit of a corporation creditor tion for rehearing in the highest state court their stock subscriptions and to compel is held to be raised too late to confer juris- them to the payment of a judgment against diction upon the Supreme Court of the the corporation after return of no property United States, where such petition was found." (Ala.) 673. denied without opinion. (U. S.) 33.

Limitation of actions.
Injunction.

The statute of limitations is held to be Persons who, through confidential rela

gin to run at once on a stockholder's subtions with the discoverer of a medical prep scription to its capital stock to be paid at aration, gain possession of his secret, are intervals upon the call of the board of held to be properly restrained by a court of directors, when the corporation becomes inequity from divulging it, so as to make use solvent and suspends active business, or of it to his detriment, although the prepa- when it closes its doors and ceases all its ration was not patented, since the owner usual and ordinary business leaving debts has a property right in his discovery. (Ga.) unpaid, although no call has been made up255.

on the stockholders. (Kan.) 137. Persons who induce another to disclose a trade secret, knowing of his contract not to

Evidence; presumptions. disclose it, or knowing that his disclosure

In an action upon a promissory note, is in violation of the confidence reposed in when the defendant denies its execution, it him, are held to be properly enjoined from is held that a handwriting expert may commaking any use of the information so ob- pare the signature to the note with the de tained, although they might have reached fendant's signature to pleas signed, sworn the same result independently by their own to, and filed by him, and express his opinion experiments or efforts. (N. J. Err. & App.) ture to the notes and pleas. (W. Va.) 937.

whether the same person made the signa344.

When other writings are available for Estoppel.

comparison with a disputed writing in a A railroad company which induces an em- slander case, it is held that there should ployee to refrain from bringing suit for in- not be admitted in evidence a letter confined juries by promises to retain him on the pay to the political issues of a pending presiroli, pay him for the injuries, and give him dential campaign, the effect of which will a life job, which promises are fulfilled until tend to prejudice defendant with such memafter the statute of limitations has run, bers of the jury as do not share the views when payment for the injuries is refused, expressed. (Md.) 427. and he is discharged, is held to be estopped

Incapability of the life tenant of a settleto plead the statute to a suit or the in- ment in trust for the benefit of a woman juries. (Ky.) 193.

and her children to bear children is held Quo warranto.

not to be provable by expert medical testiThe right to a writ of quo warranto to mony, for the purpose of enabling the settlor prevent a railroad company from making and life beneficiary to terminate the trust unlawful charges for services rendered is and cut off the children's contingent interdenied where the legislature has made am- ests. (Md.) 145.

(CRIMINAL LAW AND PRACTICE.) That a storage company received pos- ; out the necessity of coming in under the session of a trunk is held not to be shown prior one by motion to open that decree. by evidence that, in response to a telephone (N. Y.) 95. message, the person answering the call for

Witnesses. the company's number claimed that he rep- That a witness called to prove handwritresented the company, and, in compliance ing was not acquainted with the writing of with a request communicated to him, an the one who is alleged to have written the expressman called at the designated house signature in controversy until four years and took away the trunk, so as to render after its date is held not to be sufficient to the company liable for its loss. (Wash.) make him incompetent to testify. (N. C.) 988.

963. Damages.

The right to interrogate a witness as to The measure of damages where the negli- his belief in a Supreme Being who would gent delay of a telegraph company in the punish him for false swearing, for the purdelivery of a message results in the loss of pose of affecting his credibility, is denied a sale of corn at a price above the market where the Constitution provides that no pervalue at the time and place it would have son shall be incompetent to be a witness on been delivered had such a sale been made account of his religious belief, and abrogates is held to be the difference in value between all disqualification from civil rights bethe price the corn would have brought had cause of such belief. (N. Y.) 182. the sale been made and the market value The right to cross-examine handwriting of the corn at such time and place of deliv- experts in order to prove their ability is ery, although it was finally disposed of sustained, and it is held to be error to at a higher price. (Neb.) 803.

strike out an admission by such an expert Suit by taxpayer.

that he had been mistaken as to signatures The right of a taxpayer of a county to which he had pronounced genuine, although bring a suit in his own name on behalf of the trial judge might, in his discretion, have the public to compel restoration to the treas- excluded an effort to secure such admission ury of money illegally appropriated as fees in the first instance. (N. Y.) 163. by a county officer with the consent of the One who is entirely ignorant of the meanboard of commissioners is sustained where ing of the ceremony of administering an the board refuses to bring the action. (Ind.) oath is held not to be a competent witness. 133.

(Kan.) 271. Administrator's accounting.

Writ and process. A brother of an intestate, who is not A nonresident attorney at law is held made a party to an accounting by the ad- not to be exempt from service of process ministrator, is held to have the right to when coming into the state to transact busitreat the proceedings in which the account-ness before the courts in the interest of his ing was had as void, and institute new client. (N. C.) 499. proceedings to compel an accounting, with

VIII. CRIMINAL LAW AND PRACTICE.

The subsequent marriage of the defendant to employ means to procure the miscarriage to the injured female is held not to be a of a pregnant woman prescribes the penalty bar to a prosecution under a statute pro- for the offense is held not to take such act, viding a penalty for obtaining illicit connec- when it results in death, out of the provition under promise of marriage with any sions of the statute making it manslaughter female of good repute under twenty-one to kill another in the commission of some years of age. (Kan.) 281.

unlawful act. (Wash.) 902. Homicide.

Monopolies. A killing is held not to be reduced to manslaughter where a person, after having

A combination prohibited by the act of been knocked down, and having started to Congress of July 2, 1890, is held to be conleave the room, turned and fired back to stituted by an association to unite all ward the spot where his assailant stood, "acceptable dealers” engaged in certain busibut which had been vacated by him and was

ness in a certain city and within 200 miles occupied by another, if, at the time the shot therefrom, and all American manufacturers was fired, the accused recognized that the of their supplies, the rules of which exclude person at whom he aimed was not his as- unacceptable persons from membership, and sailant. (Tex. Crim. App.) 660.

prohibit their purchasing supplies at less That a statute making it a misdemeanor 'than list prices, which are more than double

(CRIMINAL LAW AND PRACTICE.) what members of the association pay. (C. | bloodhounds after being set upon the trail C. A. 9th C.) 58.

of a fugitive criminal is held not to be adRight to impartial jury.

missible for the purpose of proving that The constitutional provision for an im- the scent of the accused and the scent of partial jury is held to be violated in a the person who perpetrated the crime are prosecution for manslaughter by recklessly identical. (Neb.) 789. driving over a traveler on the highway, by Evidence that accused and others armed permitting thereon a witness who, to the themselves and started out to commit burknowledge of the prosecuting attorney, glary, and that they encountered and killed a knew that accused was recklessly driving police officer near the scene of the intended on the highway immediately preceding the crime, is held to be sufficient to sustain a commission of the offense, a short distance finding of deliberation and premeditation from where it was committed. (Wash.) necessary to constitute the crime of murder 807.

in the first degree, although there was also Suspension of sentence.

evidence that the officer was the first to fire. Jurisdiction to impose sentence upon one (N. Y.) 353. convicted of crime is held to be lost by That papers were seized in violation of permitting him to go at large upon his own the constitutional provision protecting one recognizance pending a motion for new against unreasonable searches and seizures trial, and taking no further action in the is held not to prevent their being used in case until after the expiration of several evidence against the person from whom terms of court. (III.) 82.

taken if he is placed on trial upon a crimEvidence.

inal charge. (N. Y.) 406. Evidence of the conduct and behavior of 63 L. R. A.

INDEX TO NOTES.

(The General Index follows this.)

Abortion.

Appeal,--continued.
Homicide in commission of, or attempt III. Presentation as affected by the class to
to commit

902

which the Federal question belongs 472
Annuities.

IV. The decision of the Federal question 474
Apportionment of annuities in absence of

V. Effect of certificate of state court

477
statute :
VI. Conclusion

478
I. General rule

616

What questions the Federal Supreme
II. Exceptions

Court will consider in reviewing the
a. Annuity created for maintenance 621

judgment of state courts :

571
b. Consideration passing from an.

1. The general rule

572
nuitant

II. Particular questions cot reviewable
1. In lieu of dower

625

a. Non-Federal questions in general 573
2. Other consideration

627
b. Statutory construction

575
III. Special instances

628
c. Validity of state legislation

576
IV. Interest

629

d. Questions not involved in the
V. Conclusion

629
record

576
e. Questions of fact

577
Appeal.

1. Miscellaneous

578
How and when questions must be raised

III. The rule where constitutional rights
and decided in a state court in order

are involved
to make a case for a writ of error

a. Impairment of contract obliga-
from the Supreme Court of the

tions
United States :

578

b. Full faith and credit
I. Scope of note
33

580
C. Due process of law

581
II. Presentation of the Federal question to

d. Equal protection of the laws 581
the state court
IV. Conclusion

582
a. How raised
1. The general rules

33 Assault.
2. Illustrative cases
35 Homicide in commission of

375, 391
b. When presented in time

39

Blacklisting.
III. The decision of the Federal question Blacklisting employees

289
by the state court

Carriers.
a. Necessity of decision

42
Conflict of laws as to contracts of

513
b. Essential requisites to decision

Chose in action.
1. In general

42
2. Application of the rules to

Equitable remedy to subject to judgment

after return of no property found
different Federal questions 44

673
c. Nature of decision as affecting

Conflict of Laws.
right of review

53 Conflict of laws to carrier's con-
d. Decision need not be erroneous

tracts:
e. Decision must be controlling 56

1. General principles
IV. Conclusion

58

a. Intention of the parties general-
By distributee from decree on account-

ly; wben expressed

513
ing of which he had no notice

97

b. Presumed intention; subsidiary
The record for the purpose of showing

rules
jurisdiction in the Supreme Court

1. When transportation wholly
of the United States of a writ of

within one state

515
error to a state court :

2. When transportation within
1. In general

329

two or more states
II. Findings of fact

330

or countries
III. Opinion of state court

330

(a) Theory that perform-
IV. Certificate of state court

332

ance consists of de-
V. Petition for rehearing

333

livery only

510
VI. Petition for allowance of writ of

(b) Theory that perform-
error

333

ance covers both
VII. Counsel's arguments or briefs 333

transportation and
VIII. Assignment of errors

333

delivery ; general
What the record must show respecting

prima facie rule 516
the presentation and decision of a

c. Local law as opposed to general
Federal question in order to confer

principles of commercial law 523
jurisdiction on the Supreme Court

d. Public policy

525
of the United States of a writ of er- II. Application of general principles to par-
ror to a state court :-

ticular matters
1. Introduction

471

a. Prima facie character of subsid-
II. The general rules

471
iary rules

525

as

56

II. continued.

| III. b.-continued.
b. As to limitation of carrier's com-

j. Rights of creditors in proceeds 862
mon-law liability

k. As to notice ; forfeiture; com-
1. Exemption from liability for

mutation ; extended insurance ;
loss or injury not due to

surrender value

862
negligence

525

1. As to effect of misrepresentation
2. Exemption from liability for

in the application

864
negligent loss or injury 526

m. As to valued policy

866
3. Limitation of amount of car-

n. Suicide

867
rier's liability

529

0. As to necessity of attaching ap-
C. As lo liability of carrier beyond

plication, or copy thereof, to
own line; liability of connect-

policy

867
ing carrier

530

p. Transitory character of action 868
d. As to continuance of carrier's lia-

q. As to damages and interest et
bility after arrival of goods at

mora

868
destination

531

r. As to contractual limitation 868
e. Vis major; act of God

531
8. Miscellaneous

869
f. Telegraph cases

532 Contracts.
g. Miscellaneous

533

Of carriers ; conflict of laws as to 513
As to contracts of insurance :-

Corporations.
1. Scope and introduction

833

Quo warranto against, for making illegal
II. Where contract of insurance deemed to

charges in the course of authorized
have been made

business

761
a. In general

834
b. When

Descent and distribution.
proposition, embodying
terms, emanates from the in-

Remedy of distributee as to accounting of
surer

835

which he had no notice and on which
c. When concluded in first instance

he did not appear

95
by local agent

835 | Dower.
d. When local agent has no author-

Equitable remedy to subject unassigned
ity to accept application

dower to judgment after return of no
1. General principles

836
property found

697
2. When policy mailed directly Dueling.
to insured

837
Homicide in the commission of

377
3. When policy mailed to agent

Equity.
of insured

839

Equitable remedy to subject choses in ac-
4. When policy delivered to in-
sured by local agent

tion to judgment after return of no
of insurer

property found :-
(a) When local agent re-
1. Scope

673
quired to

II. General principle
counter-

673
sign policy

840

III. Enactment of statute evidencing the
(b) Stipulation that con-

original jurisdiction

687
tract is not to take

IV. Effect of statutory enactment to ab-
effect until delivery
rogate the original rule

691
or payment of pre-

V. Statutory remedy less adequate 693
mium

841
VI. Existence of legal remedy

694
(c) When no conditions

VII. Effect of discharge from imprison-
precedent expressly
ment under insolvent law

694
imposed

843 VIII. Choses in action within meaning of
e. Revival; open policy

846

rule
f. Summary

846
a. Unassigned dower

697
III. Choice of laws

b. Debt due corporation for unpaid
a. General principles; intention;

stock

698
express stipulations as to gov.

C. Debt due from government or
erning law ; public policy 847

municipality

701
b. Local statutes relating to foreign

d. Claim of damages for a tort 703
insurance companies and their

e. Future salary or earnings;
agents

850

earned but not payable 704
C. Laws of state of incorporation as

f. Property in custodia legis 704
limitation upon powers of insur-
IX. In Federal courts

705
ance company
X. Special cases

705
d. Law of place of performance 854 XI. Conclusion

706
e. Law of place where insured prop- Estoppel.
erty is situated

855

To plead defense of limitations :
1. Law of place where loss occurs 855

1. Specific agreement to waive the stat-
g. Construction and interpretation

ute
of the language of the pol-

a. In writing

193
b. Oral

195
1. In general

856

II. Other agreements that cause delay 198
2. As to the designation of ben-
III. Request for delay

201
eficiaries

856 IV. Representations as to material facts 202
h. Assignment of policy
858 V. Payments

203
1. Right of insured to dispose of VI. Actions on insurance policies 204

proceeds ; validity of change of VII. Actions on carriers' contracts 206
beneficiary
862' VIII. Summary

206

853

icy

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