NOTES AND BRIEFS.

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.

CONSTITUTIONAL LAW.

91

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.)
101

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.

875

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-
valid.
Id.

6. A constitutional provision requiring all
laws of a general nature to have a uniform
operation throughout the state is not vio-
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.)
705

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
(Ohio)

Due process of law.

805

Requiring Automobile to Carry Num-
ber as Violation of Provision as to,
see AUTOMOBILES, 1.

Necessity of Indictment by Grand Jury,

see CRIMINAL LAW, 4.

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
447

V. Back (Neb.)

Id.

Special Privileges to Loan Association,
see BUILDING AND LOAN ASSOCIA-
TIONS, 1.

Showing Completed Agreement Satis
fying Statute of Frauds, see EVI-
DENCE, 8.
Parol Evidence of Signing Memoran-
dum of Contract as Agent for Pur-
chaser, see EVIDENCE, 15.
Effect of Permitting Gambling Trans-
actions on Right of Board of
Trade to Protection of Price Quota-
tions, see INJUNCTION, 4.
Invalidity of Limitation as to Time
for Suit on Policy, see INSUR-

ANCE, 8.

Validity of Parol License, see LICENSE.
Validity of Statute Avoiding Contract

for Relief from Liability for Fel-
low Servant's Negligence, see MAS-
TER AND SERVANT, 23, 24.
Property Right in Price Quotations by
Board of Trade Carrying on Gam-
bling Transactions, see PROPERTY.
Specific Performance of Oral Contracts,
see SPECIFIC PERFORMANCE, 2.
For Sale of Land, see VENDOR AND PUR-

CHASER.

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.)
Consideration.

821

2. Marriage is a valuable consideration
sufficient to support a conveyance from hus-
band to wife. Barnum V. Le Master
(Tenn.)
353

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

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
miles.
Id.

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.
Id.

COURTS.

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.

Id.

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.)
673

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.)
556

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.

9. A subsequent suit involving rights in
the same property, in a court of co-ordinate
jurisdiction, should not be dismissed, but,
before a seizure of the property under it,
should be stayed until the proceedings in
the earlier suit are terminated, or ample
time for their termination has elapsed. Id.

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
Linding 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-
sions.

270

875

Courts; inherent power of court over its
process.
68
Refusal to interfere with co-ordinate de-
557