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

5. The exemption of municipal corpora-
by inducing employees to break their con-

tions from a statute making other corpora-
tracts; injunction to restrain; where party tions liable to a servant for negligence of a
injured was formerly a member of the il-

fellow servant does not make the statute in-
legal combination.



6. A constitutional provision requiring all
Power of Legislature to Create and De- laws of a general nature to have a uniform

stroy Counties, see COUNTIES. operation throughout the state is not vio-
Relation of Court to Legislative De-lated by Ohio act April 2, 1890, relating to

partment, see COURTS, 4, 5. the liability of railroad companies for in-
Validity of Statute for Cleaning and juries to employees, since it applies to all

Repair of Drainage Ditches, see railroad corporations operating railroads
DRAINS SEWERS; EMINENT within the state, and to all of a common

class of railroad employees. Peirce v. Van
Authorizing Abandonment of Con- Dusen (C. C. App. 6th C.)

demnation Proceeding as Impair- 7. No unconstitutional discrimination
ing Substantial Right, see Emi- between resident and nonresident owners

of land along the line of a ditch is made
Power of Legislature to Expel Member, by a statute permitting any resident owner,

when the ditch needs cleaning, to petition
Who may Question Constitutionality therefor under a section which simply re-
of Statute, see STATUTES, 1.

quires a sworn statement of such necessity
Special Legislation, see STATUTES, 7.

to be made to the county auditor, while
Constitutionality of Tax Measures, see nonresident owners can only petition for

such improvement under a section which
Constitutionality of Statute Permit requires application to be made to the

ting Use of Voting Machine, see county commissioners, and the giving of a

bond for the payment of costs if the appli.
1. Acts inconsistent with the spirit of cation is not granted. Taylor v. Crawford
the Constitution are as much prohibited by (Ohio)

its terms as are acts specifically enumer. Due process of law.
ated and forbidden therein. McDonald v. Requiring Automobile to Carry Num-
Doust (Id.)


ber as Violation of Provision as to,
Personal liberty and security.

2. Personal liberty includes not only

Necessity of Indictment by Grand Jury,
freedom from physical restraint, but also

the right “to be let alone;" to determine

8. Property is not taken wiuuout due pro-
one's mode of life,—whether it shall be a cess of law by Neb. Comp. Stat. 1901, chap,
life of publicity or of privacy; and to order 77, art. 1, $$ 39, 40, requiring railroad
one's life and manage one's affairs in a property to be valued and assessed by one
manner that may be most agreeable to him, assessing body, and the aggregate value
so long as he does not violate the rights of distributed, on a mileage basis, to the vari-
others or of the public. Pavesich v. New ous counties, cities, towns, etc., through
England L. Ins. Co. (Ga.)
101 which the road runs. State ex rel. Morton

3. Personal security includes the right v. Back (Neb.)
to exist, and the right to the enjoyment of 9. A person upon whose property an
life, while existing, and is invaded not only assessment for cleaning out a drainage
by a deprivation of life, but also by a de- ditch is laid is not deprived of his prop-
privation of those things which are neces- erty without due process of law, where the
sary to the enjoyment of life according to assessment is fixed by the county surveyor
the nature, temperament, and lawful desires after examining the sewer to ascertain
of the individual.

Id. whether the work is necessary, and esti-
Equal protection or privileges.

mating the cost, and a report of his exam-
Special Privileges to Loan Association, ination and estimate must be returned to

see BUILDING AND LOAN ASSOCIA- the county auditor, who appoints a day

for hearing the report, of which due notice
4. Railroad corporations persons l is given to all interested parties, and the



auditor may make such changes in the as. , surety bonds to be signed by surety com-
sessment as he deems just, while any person panies; constitutional right to make and
aggrieved has a remedy under Ohio Rev. enforce contracts; right to receive prop-

Stat. 1892, 8 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)
805 of due process of law.

10. Though an ordinance prohibiting the Requirement of uniformity;

uniformity; making
storage of explosive oils in large quantities railroad companies liable for injuries to
within the corporate limits happens to have employees by superior servants. 706
the effect of putting an end to a business, What constitutes a “taking” oi property,
and of rendering valueless certain struc- for which compensation must be made; for-
tures used in connection with the business, bidding use of land near parkway for ad-
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-

Statute making all corporations, except
tion as
a police regulation. Crowley v.

municipal, liable for injury to employee by
Ellsworth (La.)


fellow servant; making void contract by

corporation for release from liability, for

negligence of fellow servant; what class-
Constitutional law; weight to be given ification of business constitutional; act in-
to contemporaneous construction of Consti- valid as to some persons embraced in pro-


visions invalid as to all; necessity of uni-

formity and equal privileges; depriving
Construing Constitution; power of legis-
lature limited only by express provisions ;

owner of property of one of its attributes

as depriving him of his property; inter-
what justifies courts in setting aside enact-

ference with right to contract.

ment of legislature; powers and duties of
local authorities as to public roads and

levy of taxes; held solely by delegation

from general assembly.

Right of legislature to apolish county in CONTEMPT.
existence at time state is admitted to Enforcing Order for Support of Insane
Union; right to change county seat; re-

Person by Proceedings for, see
fusal of court to consider extent of infringe-

ment of Constitution; any infringement,

A plaintiff in an equity case has no ab-
however slight, fatal.


solute right to proceed with the trial while
Validity of statute providing that, if he is in contempt of court for refusal to
jurisdiction of offense be in two counties, obey an order which can be enforced by
accused shall be tried in county where first mandamus. Campbell v. Justices of Su-
271 | perior Court (Mass.)

What constitutes due process; denial of
due process because party is in contempt of



Contempt; refusal to permit plaintiff to
Validity of retrospective laws not im- proceed with trial while in contempt of
pairing obligation of contracts or of the court for refusal to obey orders; as denial
nature of ex post facto laws; right to of due process of law.

change form of remedy; where cause of
action has already arisen; vcsted right of CONTINGENT REMAINDER.
party to damages for land taken for public Outstanding, Recovery for Improve.
use; where damages have not been estab-

ments on Breach of Covenant of
lished in mode pointed out by law; stat-

Seisin by, see IMPROVEMENTS.
utory right to lien as vested right; vested


right to costs.
Scope of police power; right to pursue

Maliciously Procuring Breach of,

lawful calling; what constitutes property;

Conflict of Laws as to, see CONFLICT
power of legislature to delegate to munici-

OF Laws.
palities regulation of street traffic. 346

By Corporation, see CORPORATIONS, 1-6.
Police power; right to prohibit injurious

Measure of Damages for Breach of,
or hazardous business.


see DAMAGES, 1-7.
Necessity that legislation should not be Impairing Obligation of, see EMINENT
unequal or partial; statute requiring all





Showing Completed Agreement Satis , other property on hand. Griffith v. Black
fying Statute of Frauds, see Evi- water Boom & L. Co. (W. Va.)


Parol Evidence of Signing Memoran Of Mutual Benefit Certificate,
dum of Contract as Agent for Pur-

chaser, see EVIDENCE, 15.

4. A deed without power of revocation,
Effect of Permitting Gambling Trans- from a parent who is incapacitated phys-

actions on Right of Board of ically, and weak mentally, to his daughter,
Trade to Protection of Price Quota- who has for some time had the care of him.
tions, see INJUNCTION, 4.

made without the benefit of competent and
Invalidity of Limitation as to Time independent advice, will be set aside by

for Suit on Policy, see INSUR-equity. Slack v. Rees (N. J. Err. & App.)
ANCE, 8.

Validity of Parol License, see LICENSE.

Validity of Statute Avoiding Contract

for Relief from Liability for Fel Different instruments executed as evi-
low Servant’s Negligence, see MAS- dences of different parts of one transac-

tion construed as one single contract. 234
Property Right in Price Quotations by Contract of indemnity; payment of judg.

Board of Trade Carrying on Gam- ment by default or consent to warrant re-

bling Transactions, see PROPERTY.covery under; what included in indemnity
Specific Performance of Oral Contracts, against “claims.”


Contract of service for definite period :
For Sale of Land, see VENDOR AND PUR-
assignability of.


To release employer from liability for
1. A covenant by a purchaser of the injury to servant through negligence of fel-
business and effects of a corporation, the low servant.

sale of which is intended to terminate its
existence, to indemnify it from and against free passes and to repurchase stock sold.

Validity of agreement by corporation for
the contracts and engagements to wnich the

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

General rule for interpretation of; con-
the same contracts and engagements, does struing grants of land and minerals; right
not cover a claim by the president-manager

of surface owner to support.

of the corporation to salary for the time

What part performar

nance will take case
subsequently accruing, where it was found out of operation of statute of frauds; spe-
ed merely on the fact that he had been cific performance of parol contract for sale
elected president, and there was no contract of land; of contract by husband and wife
that the services and salary should con-

where possession has been delivered. 56S
tinue for any specified time. Busell Trim Parol evidence to vary terms of writing.
mer Co. v. Coburn (Mass.)


Statute of frauds; applies to executory.

2. Marriage is a valuable consideration and not to executed, contracts.
suflicient to support a conveyance from hus Necessity that memorandum contain all
band to wife. Barnum Le Master essentials in order to satisfy statute of
353 | frauds.

Partial performance.

Notice of intention not to perform; ef-
3. On the termination, by the insolvency feet, where not accepted by other party, as
and dissolution of a corporation, of an ex-

a breach.
ecutory contract with it necessitating, in its Liability of third party for maliciously
execution, work, labor, and the expenditure inducing breach of; right of party to illegal
of money for materials, machinery, etc., contract to relief where he can make out
and the construction of roads and other case without invoking contract; validity of
improvements, as well as in carrying on contracts in restraint of trade.

the work, the contractor is entitled to com-

Recovering for services and expenses un-
pensation for services rendered by him in der a running contract with corporation
pursuance of the contract until the date of ended by its insolvency and dissolution. 124
its termination, and to reimbursement for
his actual and necessary outlay and ex- CORPORATIONS.
penses, subject to a deduction of all sums Construction of Contract to Indemnify
paid to him by the corporation, and of the

by Purchaser of Business of, see
value of such materials, machinery, and




Estoppel of, see ESTOPPEL, 6.

corporate property free and discharged
Conclusiveness against, of Judgment as from the contract, under a decree of the

to Corporate Bonds, see JUDGMENT, court directing it to be offered for sale both

subject to and free from the contract, to
Rights of Life Tenants to Cash Divi- compensation and reimbursement for his

dends, see LIFE TENANTS, 3-6. services and expenditures out of the assets
Religious Corporations, see RELIGIOUS of the company, although he afterwards

purchases the corporate property and ob-
Taxation of, see Taxes.

tains the benefit of such improvements. Id.
Powers of, and contracts by.

Compensation of officers.
Effect of Failure to Keep Tender Good

7. Electing one president of a corpora-
on Right to Compel Repurchase of tion, and appointing him manager, do not
Stock, see TENDER.

entitle him to a salary for any specified
See also CONTRACTS, 3.

time. Busell Trimmer Co. Coburn

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-

Corporations; respective rights of life
eph. Co. (Iowa)


tenants and remainder-men in stock div-
2. A corporation cannot refuse to per- idends; interference of court with manage-
form its contract to allow subscribers to ment of corporate affairs; investment of
stock free passes, or to repurchase the stock profits of corporation in permanent works
at the price paid, on the ground that it is as a capitalization thereof.

contrary to public policy.


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

is not effected; (VI.) the earlier common-
certain subscribers upon certain contin-
gencies on the ground that other stock law doctrine concerning the effect of disso-
holders were not given the same right to lution; (VII.) comment and criticism con-

cerning it; (VIII.) the trust-fund,
return their stock; at least where there is

“American," doctrine; (IX.) the effects of
no showing of any other prejudice to the
other stockholders.


corporate dissolution according to modern

views: (a) civil death; (b) upon litiga-
5. The fact that a person entering into tion; (c) upon property and assets; (d)
an executory contract with a corporation, upon debts and credits; (e) upon contracts
necessitating in its execution the expendi- in general; (f) upon employment con-
ture of money and labor, is a director of tracts: (1) with officers; (2) with super-
the corporation, does not affect his right, intendents; (3) with agents; (4) with or-
upon the termination of the contract by the dinary employees; (X) remedies: (a) ab-
insolvency and dissolution of the corpora- stract; (b) concrete; (XI.) construction
tion, to compensation for services rendered, and effect of statutes; (XII.) conclusion.
and to reimbursement for expenses in-

curred, under the contract, where the con-

Question whether a new corporation has
tract entered into openly, without

been created or an old one continued, as
fraud, and the other directors and the

one of intent; liability of religious cor-
stockholders were fully informed of its

poration for debts of predecessor. 250
terms, and permitted it to be partly ex-
ecuted without disapproval. Griffith v.

Blackwater Boom & L. Co. (W. Va.) 124

Action to Enforce Order for Support
6. A contractor who, under an executory

in Insane Asylum in Name of, see
contract with a corporation, terminated by

its insolvency and dissolution, has made See also CONSTITUTIONAL LAW, NOTES
large expenditures in the construction and

repair of river dams, bridges, and roads
belonging to the corporation, for the driv- 1. The power to create new counties, con-
ing and hauling of timber, and upon tim- ferred on the legislature by the Constitu-
ber partially prepared for delivery under tion, does not include power to reorganize
the contract, is entitled, upon a sale of the 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-

2. The legislature has no power to defore the question of jurisdiction has been
stroy the counties recognized by the Consti- presented to such court, where the situation
tution as organized and existing at its adop- disclosed is such that to take the ordinary
tion as legal subdivisions of the state.

Id. course would be of itself to subject the
3. A statute abolishing an existing coun.

complaining party to irremediable loss.
Hargis v. Parker (Ky.)

ty, and creating two new counties out of
the same territory, and establishing a new

7. The supreme court has jurisdiction to
county seat for each, is void under the intervene by a writ of prohibition to stay
Idaho Constitution, which recognizes the an inferior court from proceeding out of its
counties existing at the time of its adop- jurisdiction, under a constitutional provi-
tion as legal subdivisions of the state, and sion empowering it to issue such writs as
forbids the removal of a county seat or the may be necessary to give it a general con-

cutting off of territory without a vote of trol of inferior jurisdictions.
the people, and prohibits the reduction of Conflict of authority.
the territory of a county below 400 square

8. The court which first acquires juris-

Id. diction of specific property by the issue and
4. A county organization is not a special service of process in a suit to enforce a
privilege or immunity within the meaning lien upon it, in which it may be necessary
of a constitutional provision that no spe-

to take possession or control of it, retains
cial privilege or immunity shall ever be jurisdiction until the end, free from the
granted that may not be altered or revoked interference of any court of co-ordinate
by the legislature.

Id. jurisdiction. Williams v. Neely (C. C.
App. 8th C.)


9. A subsequent suit involving rights in
Judicial Notice by, see EVIDENCE, 1. the same property, in a court of co-ordinate
Territorial limitations.

jurisdiction, should not be dismissed, but,
1. A constitutional right to trial by jury before a seizure of the property under it,
of the vicinage does not prevent the trial should be stayed until the proceedings in
taking place in either county, in case the earlier suit are terminated, or ample
crime is begun in one and consummated in time for their termination has elapsed. Id.
another. Hargis v. Parker (Ky.) 270

10. The arrest at their own instigation,
2. An accessory before the fact to a mur- for the purpose of preventing a trial else-
der in which the wound is inflicted in one where, of persons accused of crime, by a
county and the injured person dies in an magistrate of the county where the com-
other may be tried in either county, al mission of the crime is commenced, and
though his acts are committed only in the binding them over to await the action of
former, under statutes providing that ac- the grand jury, will not prevent proceedings
cessories shall be liable to the same pun- against them in the county where the crime
ishment as principals, and may be prose is consummated, under a statute providing
cuted jointly with them, and, in case of a that, if the jurisdiction of any offense be in
crime committed jointly in two counties the two counties, the accused shall be tried in
prosecution may be in either.

Id. the county in which he is first arrested.
3. No interest in real estate located in Hargis v. Parker (Ky.)

another state can be vested in a complain- Federal courts following state deci-
ant in a divorce proceeding by a decree sions.
which purports to deal directly with the ll. The Federal court is not bound to fol.
title to the estate. Proctor v. Proctor (Ill.) low a decision of the courts of the state in

673 which it is sitting, declaring that a plaintiff
Relation to legislative department. in replevin is not bound to return the prop-

4. The court cannot supervise the exer- erty replevied if prevented by act of law,
cise by the legislature of its constitutional which is based not upon a statute, but upon
power to expel a member. French v. Sen. general principles. Three States Lumber Co.
ate (Cal.)
556 v. Blanks (C. C. App. 6th C.)

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. Courts; inherent power of court over its
R. Co. v. Montgomery (Ind.)
875 process.

Superintending control.

Refusal to interfere with co-ordinate de-
6. The supreme court may exericse its partments of government.


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