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Prohibiting Extensive Storage of, with-
in Limits of City, see CONSTITU-
TIONAL LAW, 10.
Ordinance Regulating Storage of, see
MUNICIPAL CORPORATIONS, 4.
Estoppel of, see ESTOPPEL, 1.
See also COMMERCE, 1.
1. Commission merchants to whom grain
has been consigned for sale on commission
have no right to purchase it themselves after
business hours, at the highest price of the
day on the board of trade; and if they do
so, and subsequently resell it at an advance,
the profit thus made inures to the benefit of
the consignor. State v. Edwards (Minn.)
2. That a commission merchant who has
failed to make to his principal such a report
of a sale of grain consigned to him as is re-
quired by statute acted in good faith and in
accordance with the custom of commission
merchants in that locality is no defense to a
prosecution under the statute, since, the stat-
ute having made the sending of the report a
positive duty, his intent in failing to do so
3. A commission merchant who himself
purchases a carload of grain consigned to
him for sale on commission, after close of
business hours, at the highest price of the
day on the board of trade, and who subse-
quently resells the grain at an advance, is
bound to report to his principal the latter
sale, under a statute requiring commission
merchants to render a true statement to the
consignor within twenty-four hours of mak-
ing a sale, showing the grain sold, price re-
ceived, name and address of purchaser, etc.;
and a report by the consignee of the sale
to himself is not a compliance with the stat-
NOTES AND BRIEFS.
Factors; statute regulating sales of
grain by commission merchant; interference
with interstate commerce; right of factor to
buy grain consigned to him, and resell it at
advance; ratification by principal; criminal
liability for violation of statute without
1. The arrest of a motorman to abate a
nuisance caused by the running of cars when
the trolley wire is in such poor condition
that it is liable to come down to the injury
of travelers upon the street is not justified
when the result can be obtained by cutting
the feed wires or removing the controllers
from the cars. Mumford V. Starmont
2. The mayor and chief of police of a city
are liable in damages in case they arrest mo-
tormen of street cars to abate a nuisance
caused by the operation of cars when the
trolley wire is in such poor condition as to be
liable to fall, when the object can be effect-
ed by merely cutting the wires or removing
the controllers from the cars.
See MASTER AND SERVANT, 14-24.
Question for Jury as to Cause of, see
Taking Right to Fish under Power of
Eminent Domain, see EMINENT Do-
See BANKRUPTCY, 3.
1. Commercial finishing material, such as
doors, mantels, casings, etc., which have been
purchased for an unfurnished building and
placed therein, but not affixed thereto, does
not pass by a sale of the real property, un-
der a mortgage foreclosure, where it is not
mentioned or deemed a part of the sale..
Blue v. Gunn (Tenn.)
2. A mortgage of a lot on which stands a
partially completed building will pass cut
stone and structural iron prepared for the
building and located on the lot mortgaged
and that adjoining, if the intention of the
parties is that the building shall be speedily
completed with the material at hand. Byrne
v. Werner (Mich.)
NOTES AND BRIEFS.
Fixtures; are things placed on land with
the intention of annexing them fixtures,
where they are never actually attached?—
(I.) Introduction; (II.) actual annexation;
Permitting Use of Streets for, see HIGH- (III.) constructive annexation; (IV.) mere
WAYS, 3, 4.
intention to annex: (a) machinery or parts
thereof; (b) materials for use, repair, or
reconstruction of railroads; (c) building
Evidence of Humiliation by, see EVI- materials; (d) fencing materials; (e) fer-
tilizers; (V.) conclusion.
What constitute; things placed on prop-
erty with intention of annexing them, but
Playing pool under an agreement among
the players that the one losing the game
shall pay for the use of the table is betting
at a pool table, within the meaning of Ga.
Pen. Code 1895, § 401, providing that "if
any person shall
pool table, he shall be guilty
of a misdemeanor;" and the fact that the
state imposes a specific tax on the keeper of
a pool table does not affect the question
Hopkins v. State (Ga.)
NOTES AND BRIEFS.
Gaming; what constitutes; playing for
price of game as.
By Wife to Husband of Part of Profits
from Partnership between Latter
and Third Person, see PARTNER-
Right to Prosecute without Indictment
by, see CRIMINAL LAW, 4, 5.
What Constitutes, see NEGLIGENCE, 1,
Law Governing Marriage of Ward, see
CONFLICT OF LAWS, 3, 4.
Guardian's Right to Separate Ward
from Wife, see GUARDIAN AND
One appointed guardian of another be-
cause of his lack of discretion to manage his
estate has no authority over the person of
his ward, which will entitle him to separate
him from his wife. Ex parte Chace (R. I.)
The wife of one illegally restrained of his
liberty may maintain a petition for a writ
of habeas corpus to obtain his release. Ex
parte Chace (R. I.)
Title, use, and obstruction.
Effect of Permitting Gambling Trans-
actions on Board of Trade's Right
to Protection of Price Quotations,
see INJUNCTION, 4.
Property Right in Price Quotations
1. Authority given to a municipal corpora-
by Board of Trade Engaging in tion to permit the erection of telegraph and
Gambling Transactions, see PROP-electric-light wires and poles in the streets
does not include power to violate private
rights. Brown v. Asheville Electric Co. (N.
Appropriation to Aid Counties in Con-
struction of, see APPROPRIATIONS.
Punitive Damages for Cutting Trees in,
see DAMAGES, 14.
Right to Open, over Property, as En-
cumbrance, see VENDOR AND PUR-
2. Municipal authority to place poles for
the support of electric-light wires upon the
sidewalk of a certain street does not relieve
the one so doing from liability to the owner
of the fee for the value of trees removed to
make room for the poles.
3. No power to permit the use of its streets
for the purposes of a street fair is given a
city by a charter giving the city council pow-
er when, in its opinion, a street or any part | keeping the sidewalks in front of their prop-
thereof has ceased to be of public utility, to
declare it vacant and abandoned as a street,
and donate the same to any use which, in its
opinion, will be of advantage to the com-
mercial interests of the city. Augusta v.
erty free from ice under penalty, and has
provided that, in case of their neglect to re-
move the ice, it will be removed by the city
at their expense, assumes the duty of keep-
ing the walks clear; and, in case it is held
liable for injury to one falling upon the
4. A fair occupying 75 or 80 feet in width walk, it cannot recover over against the prop-
and 4 blocks in length of an important busi-erty owner on the theory that he was primar-
ness street in a city, and consisting of numer. ily liable for the injury. New Castle v.
ous tents inclosing shows and exhibitions, in | Kurtz (Pa.)
Highways; carriage block on sidewalk as
unlawful obstruction; duty of municipality
to cause removal of; liability for injury
thereby; duty of traveler on sidewalk.
front of which are stationed men blowing
horns and talking through megaphones to at-
tract attention, together with various other
stands, booths, Ferris wheels, merry-go-
rounds, and other devices for amusement of
the public and profit to the owners; which
fair a company of the state militia is per-
mitted to station on the street for a week,— Right to use automobiles on.
is a public nuisance.
Duty of abutting property owner to keep
Liability for defects and obstructions sidewalk in repair; right of municipality
paying judgment for injuries sustained
through defective walk to recover over
against property owner; conductor pipe
leading water from roof of building upon
sidewalk as nuisance; liability of owner of
property in possession of tenants for con-
dition of walk; liability of city for failure
to enforce; liability of city for defect not
occasioned by its own act, in absence of
notice; ordinance imposing on property
owners duty of keeping sidewalks free from
ice; provision that, in case of failure to do
so, it will be removed at owner's expense;
effect of provision on city's liability for
Municipal Liability for Injury by Fall
of Bill Board Placed Near Edge of
Street, see MUNICIPAL CORPORA-
TIONS, 6, 7.
5. Placing a conductor pipe so as to lead
water from the roof of a building adjoining
a sidewalk and empty it upon the walk in
the manner customary in the community is
not a nuisance per se, where it does not or-
dinarily interfere with travel; and the prop-
erty owner cannot be held liable to one who
is injured by ice formed upon the walk many
years after the construction of the pipe, as
the result of a severe and unusual storm.
New Castle v. Kurtz (Pa.)
6. Owners of property in possession of
tenants are not bound to keep watch to see
that ice dangerous to travel does not form on
the walks in front of it which are properly
constructed and in proper repair, where their
negligent construction of their buildings
does not contribute to its formation; and
therefore they cannot be held liable for in-
juries to a traveler by falling upon ice of the
existence of which they have no notice. Id.
7. A horse block or stepping stone of or-
dinary size, placed on the edge of the side-
walk to facilitate access to and egress from
carriages in the street, is not an obstruction
to the walk, so as to render the municipality
liable for injuries caused by a traveler fall-
ing over it. Wolff v. District of Columbia
(D. C. App.)
8. A municipal corporation is not liable
for injuries caused to a traveler by falling
over a horse block on the sidewalk because
sufficient light is not maintained near it to
render it visible to passers-by.
Partial obstruction of; what obstructions
and encroachments amount to nuisance; au-
thority of city over its streets; use of, for
street fair; injunction to prevent such use.
Injury to traveler on, by fall of billboard
on abutting property; liability of city for.
Cutting or removal of trees in; under au-
thority of city; to make room for electric
poles and wires; electric poles as additional
Estoppel of Wife to Set Up Invalidity
of Contract for Sale of, see ESTOP-
NOTES AND BRIEFS.
Homestead; statutes as to conveyance and
abandonment of, regarded as rules of evi-
dence merely; alienation by husband alone.
9. A municipal corporation which has im-
posed the duty upon property owners of wife.
Effect of conveyance of, by husband to
2. The common-law liability of a husband
Misleading Instruction as to, see TRIAL, to support his wife does not extend to sup-
porting her outside the matrimonial home
reasonably chosen by him, unless he refuses
to do so there, or she resides away therefrom
by his consent.
1. A police officer who kills a person whom
he is attempting to arrest is guilty of a
criminal offense if he uses more force than
3. A husband is not liable for the support
of his wife at an asylum for the insane, to
which she has been removed by due process of
law, in the absence of a statute expressly
imposing such liability.
4. There is no refusal of a husband to sup-
port his wife at the matrimonial home, or
consent by him to her absence therefrom,
within the common-law rule rendering him
liable for her support outside of such home,
where the wife, as a charity to her and pro-
tection to others, is by due process of law
taken from the matrimonial home and con-
fined in an asylum for the insane, and the
husband submits, or even takes the initia-
tory proceedings to secure for her the bene-
fit of the public charity.
Wife's separate estate.
5. A conveyance of land from husband to
wife in the usual form, for a valuable con-
Liability for Injury by Falling over, see sideration, though without words disclosing
HIGHWAYS, 7, 8.
an intent to do so, vests in her a separate
estate which she may transfer without his
joinder or consent. Barnum v. Le Master
is reasonably necessary to effect his purpose
State v. Coleman (Mo.)
2. Mere failure of a person to submit to
arrest does not give the officer the right to
take his life, although the officer has good
reason to believe that he has authority to
make the arrest; and, if the officer acts in
malice and with premeditation because the
one he is attempting to arrest does not re-
move his hand from his pocket upon com-
mand, the officer will be guilty of murder in
the second degree.
Homicide; necessity of instruction as to
law on circumstantial evidence on prosecu-
See also PARTNERSHIP, 3-5.
6. Husband and wife may lawfully trans-
act business as copartners, and therefore
there may be a subpartnership between a
husband and wife in reference to the hus-
band's share of the profits of a business in
which the husband is a partner. Morrison
v. Dickey (Ga.)
NOTES AND BRIEFS.
Husband and wife; right of wife to rents
of land settled on her as separate estate; ef-
fect of conveyance by husband to wife; rule
as to gifts of personalty not applicable to
gifts of real estate; husband's right in wife's
real estate; validity of deed of married wo-
Effect of conveyance by husband to wife:-
(I.) At common law: (a) transfers of real'
estate; (b) gifts of personalty; (II.) in
equity: (a) conveyances upheld; (b) condi-
tions upon which conveyances are upheld;
(c) necessity of trustees; (d) effect of con-
veyance; (III.) effect of statutes: (a) in
general; (b) exception of conveyances from
husband; (c) exemption from husband's
debts; (d) permitting revocation; (IV.)
conveyance by third person at instance of
husband; (V.) consideration; (VI.) does
conveyance create separate estate; (VII.)
remaining interest of husband: (a) in gen- | taxes paid, on breach of a covenant of seisin
eral; (b) curtesy; (VIII.) rights against
husband's heirs; (IX.) homestead and com-
munity; (X.) effect of divorce; (XI.) form
and provisions of conveyance.
made by an outstanding contingent remain-
der, when his recovery in equity is condi-
tioned on his restoration of possession to the
vendor, and his accounting for his use of
the premises. Brannon v. Curtis (Tenn.)
Curtesy right of husband in land which
he has conveyed to his wife's sole and sepa-
rate use; curtesy interest in land devised
to wife during joint and several lives of her-
self and husband; curtesy interest where
estate of wife was a conditional or deter-
minable fee; where condition has happened.
Effect of condonation on right to divorce;
decree void for lack of jurisdiction. 398
Necessity of strict compliance with stat-
ute as to alienation of wife's real estate;
specific performance of contract by husband Liability for support.
and wife where possession has been de-
livered; effect of taking deed in wife's name
to make property her separate estate; prop-
erty acquired during marriage as commu-
nity property; burden of proving that it is
wife's separate property.
Estoppel of married woman; how wife may
be devested of her estate; release of wife
from common-law disability.
Nature of decree for divorce as proceed-ardson v. Stuesser (Wis.)
ing in rem or in personam.
Husband not relative of wife; common-
law liability of husband for support of wife;
liability for support while confined in in-
Effect of divorce to revoke gift by
Impeachability of widow as life tenant for
waste; interest in minerals or oil under
land; widow's estate is equal to children's
in all of its uses.
On Sidewalk, see HIGHWAYS, 5, 6, 9.
See NEGLIGENCE, 8, 9.
On Sale of Machine, see SALE.
Husband's Liability for Wife's Support
at Asylum, see HUSBAND AND WIFE,
3. To establish the liability of anyone-
for the support of a person at the county
asylum for the insane, who refuses to per-
form his duty in that regard, the trustees
of the asylum should proceed in harmony
with Wis. Rev. Stat. 1898, § 1502, as to
Of Religious Corporation, see RELIGIOUS support of poor persons, by petition to the
county judge; and the amount that must
be paid and the time of payment must be
determined in harmony with § 1504, as to
IMPAIRMENT OF OBLIGATION.
See EMINENT DOMAIN, 10.
the poor, under $604e, negativing the liabil-
ity of the state to any county for the sup-
port of any insane person at its county
asylum for the insane who is not a public
charge, and making §§ 1500-1505, as to the
For Giving Liquor to Minor, see CRIM- support of the poor, applicable to the sup-
INAL LAW, 6.
port of insane persons.
See also HUSBAND AND WIFE, NOTES
A recovery for improvements to the ex-
tent that they may have permanently en-
hanced the rental or usable value of the life
estate may be allowed to the vendee, with
his purchase money, interest thereon, and
1. An action to enforce an order of a
county judge requiring a person to pay a
certain sum per week for the support of
another in the county asylum for the in-
sane must be commenced in the name of
the county, in some court having jurisdic-
tion of such civil actions. The county
court does not possess such jurisdiction in
the absence of special authorization. Rich-
2. An order of a county judge requiring
a person to pay a certain sum for the sup-
port of an insane person in the county asy-
lum for the insane may be enforced by
contempt proceedings or by an action in
the name of the county, under Wis. Rev.
Stat. 1898, § 1504, as to enforcing private
liability for the support of a poor person,
which by $ 604e is made applicable to the
support of insane persons.
4. The incorporation into Wis. Rev. Stat.
§ 604e, negativing any liability of the state
to any county for the support in its county
asylum for the insane of any person who
is not a public charge, of §§ 1500-1505,
which provide that the father, mother, or
children of any poor person unable to sup-