Imagens das páginas

combination because of his previous con- | within the constitutional provisions as to
nection therewith.
Id. equal privileges and immunities of citizens
and the equal protection of persons. Pitts-
burgh, C. C. & St. L. R. Co. v. Montgomery


Conspiracy; to injure person's business
by inducing employees to break their con-
tracts; injunction to restrain; where party
injured was formerly a member of the il-
legal combination.


Power of Legislature to Create and De-
stroy Counties, see COUNTIES.
Relation of Court to Legislative
partment, see COURTS, 4, 5.
Validity of Statute for Cleaning and
Repair of Drainage Ditches, see
Authorizing Abandonment of Con-
demnation Proceeding as Impair-
ing Substantial Right, see EMI-
Power of Legislature to Expel Member,


Who may Question Constitutionality
of Statute, see STATUTES, 1.
Special Legislation, see STATUtes, 7.
Constitutionality of Tax Measures, see

Constitutionality of Statute Permit-
ting Use of Voting Machine, see

1. Acts inconsistent with the spirit of
the Constitution are as much prohibited by
its terms as are acts specifically enumer-
ated and forbidden therein. McDonald v.
Doust (Id.)

Personal liberty and security.

2. Personal liberty includes not only
freedom from physical restraint, but also
the right "to be let alone;" to determine
one's mode of life,-whether it shall be a
life of publicity or of privacy; and to order
one's life and manage one's affairs in a
manner that may be most agreeable to him,
so long as he does not violate the rights of
others or of the public. Pavesich v. New
England L. Ins. Co. (Ga.)

6. A constitutional provision requiring all
laws of a general nature to have a uniform
operation throughout the state is not vio-
De-lated by Ohio act April 2, 1890, relating to
the liability of railroad companies for in-
juries to employees, since it applies to all
railroad corporations operating railroads
within the state, and to all of a common
class of railroad employees. Peirce v. Van
Dusen (C. C. App. 6th C.)

3. Personal security includes the right
to exist, and the right to the enjoyment of
life, while existing, and is invaded not only
by a deprivation of life, but also by a de-
privation of those things which are neces-
sary to the enjoyment of life according to
the nature, temperament, and lawful desires
of the individual.

Equal protection or privileges.

4. Railroad

Special Privileges to Loan Association,




5. The exemption of municipal corpora-
tions from a statute making other corpora-
tions liable to a servant for negligence of a

fellow servant does not make the statute in-

7. No unconstitutional discrimination
between resident and nonresident owners
of land along the line of a ditch is made
by a statute permitting any resident owner,
when the ditch needs cleaning, to petition
therefor under a section which simply re-
quires a sworn statement of such necessity
to be made to the county auditor, while
nonresident owners can only petition for
such improvement under a section which
requires application to be made to the
county commissioners, and the giving of a
bond for the payment of costs if the appli-
cation is not granted. Taylor v. Crawford


Due process of law.

Requiring Automobile to Carry Num-
ber as Violation of Provision as to,
Necessity of Indictment by Grand Jury,

V. Back (Neb.)

9. A person upon whose property an
assessment for cleaning out a drainage
ditch is laid is not deprived of his prop-
erty without due process of law, where the
assessment is fixed by the county surveyor
after examining the sewer to ascertain
whether the work is necessary, and esti-
mating the cost, and a report of his exam-
ination and estimate must be returned to
the county auditor, who appoints a day
for hearing the report, of which due notice
persons is given to all interested parties, and the

8. Property is not taken without due pro-
cess of law by Neb. Comp. Stat. 1901, chap,
77, art. 1, §§ 39, 40, requiring railroad
property to be valued and assessed by one
assessing body, and the aggregate value
distributed, on a mileage basis, to the vari-
ous counties, cities, towns, etc., through
which the road runs. State ex rel. Morton

surety bonds to be signed by surety com-
panies; constitutional right to make and
enforce contracts; right to receive prop-

auditor may make such changes in the as
sessment as he deems just, while any person
aggrieved has a remedy under Ohio Rev.
Stat. 1892, § 5848, providing for an injunc-erty not absolute.
tion to restrain the illegal levy or collec- Powers and privileges of legislature;
tion of taxes and assessments. Taylor v. right of senate to expel member; meaning
Crawford (Ohio)
of due process of law.



Requirement of uniformity; making
railroad companies liable for injuries to
employees by superior servants.

10. Though an ordinance prohibiting the
storage of explosive oils in large quantities
within the corporate limits happens to have
the effect of putting an end to a business,
and of rendering valueless certain struc-
tures used in connection with the business,
its enforcement will not constitute a depriv-vertising purposes; no vested right to be
ing of property without due process of law, exempt from police regulations.
when the circumstances justify its adop-
tion as a police regulation. Crowley v.
Ellsworth (La.)

What constitutes a "taking" of property,
for which compensation must be made; for-
bidding use of land near parkway for ad-



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Statute making all corporations, except
municipal, liable for injury to employee by
fellow servant; making void contract by
corporation for release from liability, for
negligence of fellow servant; what class-
ification of business constitutional; act in-
valid as to some persons embraced in pro-
visions invalid as to all; necessity of uni-
formity and equal privileges; depriving
owner of property of one of its attributes
as depriving him of his property; inter-
ference with right to contract.



Enforcing Order for Support of Insane
Person by Proceedings for, see

A plaintiff in an equity case has no ab-
solute right to proceed with the trial while
he is in contempt of court for refusal to
obey an order which can be enforced by
mandamus. Campbell v. Justices of Su-
perior Court (Mass.)



Contempt; refusal to permit plaintiff to
proceed with trial while in contempt of
court for refusal to obey orders; as denial
of due process of law.



Outstanding, Recovery for Improve-
ments on Breach of Covenant of
Seisin by, see IMPROVEMENTS.


Maliciously Procuring Breach of, see

Conflict of Laws as to, see CONFLICT

By Corporation, see CORPORATIONS, 1-6.
Measure of Damages for Breach of,
see DAMAGES, 1-7.
Impairing Obligation of, see EMINENT

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1. A covenant by a purchaser of the
business and effects of a corporation, the
sale of which is intended to terminate its

existence, to indemnify it from and against

the contracts and engagements to which the
said vendor appears to be now liable, and
also all claims and demands on account of

the same contracts and engagements, does
not cover a claim by the president-manager
of the corporation to salary for the time
subsequently accruing, where it was found-
ed merely on the fact that he had been
elected president, and there was no contract
that the services and salary should con-
tinue for any specified time. Busell Trim-
mer Co. v. Coburn (Mass.)



2. Marriage is a valuable consideration
sufficient to support a conveyance from hus-
band to wife. Barnum V. Le Master

Partial performance.

3. On the termination, by the insolvency
and dissolution of a corporation, of an ex-
ecutory contract with it necessitating, in its
execution, work, labor, and the expenditure
of money for materials, machinery, etc.,
and the construction of roads and other
improvements, as well as in carrying on
the work, the contractor is entitled to com-
pensation for services rendered by him in
pursuance of the contract until the date of
its termination, and to reimbursement for
his actual and necessary outlay and ex-
penses, subject to a deduction of all sums
paid to him by the corporation, and of the
value of such materials, machinery, and

other property on hand. Griffith v. Black-
water Boom & L. Co. (W. Va.)


Of Mutual Benefit Certificate, see

4. A deed without power of revocation,
from a parent who is incapacitated phys-
ically, and weak mentally, to his daughter,
who has for some time had the care of him.
made without the benefit of competent and
independent advice, will be set aside by
equity. Slack v. Rees (N. J. Err. & App.)



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Estoppel of, see ESTOPPEL, 6.
Conclusiveness against, of Judgment as
to Corporate Bonds, see JUDGMENT,

Rights of Life Tenants to Cash Divi-
dends, see LIFE TENANTS, 3-6.
Religious Corporations, see RELIGIOUS


Taxation of, see TAXES.

Powers of, and contracts by.

Effect of Failure to Keep Tender Good
on Right to Compel Repurchase of
Stock, see TENDER.

See also CONTRACTS, 3.

1. A corporation has power to make valid
contracts for the repurchase of its own
stock in the absence of charter restrictions.
Wisconsin Lumber Co. v. Greene & W. Tel-
eph. Co. (Iowa)

2. A corporation cannot refuse to per-
form its contract to allow subscribers to
stock free passes, or to repurchase the stock
at the price paid, on the ground that it is
contrary to public policy.

5. The fact that a person entering into
an executory contract with a corporation,
necessitating in its execution the expendi-
ture of money and labor, is a director of
the corporation, does not affect his right,
upon the termination of the contract by the
insolvency and dissolution of the corpora-
tion, to compensation for services rendered,
and to reimbursement for expenses in-
curred, under the contract, where the con-
tract was entered into openly, without
fraud, and the other directors and the
stockholders were fully informed of its
terms, and permitted it to be partly ex-
ecuted without disapproval. Griffith v.
Blackwater Boom & L. Co. (W. Va.) 124

6. A contractor who, under an executory
contract with a corporation, terminated by
its insolvency and dissolution, has made
large expenditures in the construction and
repair of river dams, bridges, and roads
belonging to the corporation, for the driv-
ing and hauling of timber, and upon tim-
ber partially prepared for delivery under
the contract, is entitled, upon a sale of the

corporate property free and discharged
from the contract, under a decree of the
court directing it to be offered for sale both
subject to and free from the contract, to
compensation and reimbursement for his
services and expenditures out of the assets
of the company, although he afterwards
purchases the corporate property and ob-
tains the benefit of such improvements. Id.
Compensation of officers.

7. Electing one president of a corpora-
tion, and appointing him manager, do not
entitle him to a salary for any specified
time. Busell Trimmer Co. V. Coburn

Recovering for services and expenses un-

3. A corporation cannot accept stock der a running contract with a corporation
subscriptions secured by its officers, and re-ended by its insolvency and dissolution:-
pudiate the promise to take back the stock (I.) Scope of note; (II.) breaches of con-
under certain circumstances.
Id. tracts in general; (III.) the measure of
4. A corporation cannot refuse to carry damages in such cases; (IV.) how corpora-
out its contract to repurchase the stock of tions are dissolved; (V.) when dissolution
certain subscribers upon certain contin- is not effected; (VI.) the earlier common-
gencies on the ground that other stock-law doctrine concerning the effect of disso-
holders were not given the same right to
return their stock; at least where there is
no showing of any other prejudice to the
other stockholders.

lution; (VII.) comment and criticism con-
cerning it; (VIII.) the trust-fund, or
'American," doctrine; (IX.) the effects of
corporate dissolution according to modern
views: (a) civil death; (b) upon litiga-
tion; (c) upon property and assets; (d)
upon debts and credits; (e) upon contracts
in general; (f) upon employment con-
tracts: (1) with officers; (2) with super-
intendents; (3) with agents; (4) with or-
dinary employees; (X) remedies: (a) ab-
stract; (b) concrete; (XI.) construction
and effect of statutes; (XII.) conclusion.


Corporations; respective rights of life
tenants and remainder-men in stock div
idends; interference of court with manage-
ment of corporate affairs; investment of
profits of corporation in permanent works
as a capitalization thereof.



Question whether a new corporation has
been created or an old one continued, as
one of intent; liability of religious cor-
poration for debts of predecessor. 256


Action to Enforce Order for Support
in Insane Asylum in Name of, see

1. The power to create new counties, con-
ferred on the legislature by the Constitu-
tion, does not include power to reorganize
under a new name an old county existing

at the time of the adoption of the Consti- | constitutional power to prevent an inferior
tution. McDonald v. Doust (Id.) 220 court from exceeding its jurisdiction, be-
fore the question of jurisdiction has been
presented to such court, where the situation
disclosed is such that to take the ordinary
course would be of itself to subject the
complaining party to irremediable loss.
Hargis v. Parker (Ky.)


2. The legislature has no power to de-
stroy the counties recognized by the Consti-
tution as organized and existing at its adop-
tion as legal subdivisions of the state. Id.

3. A statute abolishing an existing coun-
ty, and creating two new counties out of
the same territory, and establishing a new
county seat for each, is void under the
Idaho Constitution, which recognizes the
counties existing at the time of its adop-
tion as legal subdivisions of the state, and
forbids the removal of a county seat or the
cutting off of territory without a vote of
the people, and prohibits the reduction of
the territory of a county below 400 square


4. A county organization is not a special
privilege or immunity within the meaning
of a constitutional provision that no spe-
cial privilege or immunity shall ever be
granted that may not be altered or revoked
by the legislature.


Judicial Notice by, see EVIDENCE, 1.
Territorial limitations.

1. A constitutional right to trial by jury
of the vicinage does not prevent the trial
taking place in either county, in case a
crime is begun in one and consummated in
another. Hargis v. Parker (Ky.) 270

2. An accessory before the fact to a mur-
der in which the wound is inflicted in one
county and the injured person dies in an-
other may be tried in either county, al-
though his acts are committed only in the
former, under statutes providing that ac-
cessories shall be liable to the same pun-
ishment as principals, and may be prose-
cuted jointly with them, and, in case of a
crime committed jointly in two counties the
prosecution may be in either.

3. No interest in real estate located in
another state can be vested in a complain-
ant in a divorce proceeding by a decree
which purports to deal directly with the
title to the estate. Proctor v. Proctor (Ill.)

Relation to legislative department.

4. The court cannot supervise the exer-
cise by the legislature of its constitutional
power to expel a member. French v. Sen-
ate (Cal.)

5. The question whether a general law
can be made applicable to a particular case
is for the legislature, and not for the court,
to determine. Pittsburgh, C. C. & St. L.
R. Co. v. Montgomery (Ind.)
Superintending control.

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10. The arrest at their own instigation,
for the purpose of preventing a trial else-
where, of persons accused of crime, by a
magistrate of the county where the com-
mission of the crime is commenced, and
binding them over to await the action of
the grand jury, will not prevent proceedings
against them in the county where the crime
is consummated, under a statute providing
that, if the jurisdiction of any offense be in
two counties, the accused shall be tried in
the county in which he is first arrested.
Hargis v. Parker (Ky.)
Federal courts following state deci-


11. The Federal court is not bound to fol-
low a decision of the courts of the state in
which it is sitting, declaring that a plaintiff
in replevin is not bound to return the prop-
erty replevied if prevented by act of law,
which is based not upon a statute, but upon
general principles. Three States Lumber Co.
v. Blanks (C. C. App. 6th C.)



Courts; inherent power of court over its
Refusal to interfere with co-ordinate de-

6. The supreme court may exeriese its partments of government.

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