port himself shall be liable for his sup- the necessity of verifying each particular port, if of sufficient ability, requires that information filed. State V. Guglielmo the proceedings to enforce the private lia- bility for the support of a person commit- ted to the county insane asylum must be under such sections, so far as they are applicable thereto.
2. The regularity of the appointment of the deputy district attorney who signed an information cannot be challenged by mere- ly alleging that the information was not found, indorsed, or presented as required by law. State v. Guglielmo (Or.) 466
3. In the absence of evidence to the con- trary, a deputy district attorney who signs the name of the district attorney to the information will be presumed to have possessed plenary power in the premises, and to have been authorized to examine witnesses to enable him intelligently to charge persons with the commission of crimes, to prepare informations, sign the name of the district attorney thereto, and file them in court. Id.
4. A district attorney who insists that one accused of crime shall plead to the information thereby ratifies the subscrip- tion of his name to the information by his deputy.
5. The omission of the recital that an information for murder is upon the oath of the prosecuting attorney is fatal to its validity. State v. Coleman (Mo.) 381
6. The official oath of the officer filing an information charging one with crime is suf- ficient to comply with a constitutional pro- vision that no warrant shall issue but upon probable cause supported by oath, without
7. The fact that the record shows that a warrant was ordered to be issued upon an information filed by the deputy district at- torney in the absence of his chief does not show that it was in fact issued without the support of the oath required by the Consti- tution, where it further appears that the district attorney was present in court when accused first appeared, and ratified the in- formation, so that his oath of office sup- ported the warrant if it was not actually issued until after he had appeared and as- sumed control of the proceedings. Id. Leave of court for filing of.
8. Leave of court is not necessary to the filing of an information by the district at- torney charging the commission of crime.
Against illegal or tortious acts.
Right of party specially injured by act
2. A court of equity will interpose by to enjoin. injunction to prevent the several members of an illegal combination from enforcing an illegal agreement to the hurt and injury of one engaged in competitive business. Employing Printers' Club v. Dr. Blosser Co. (Ga.)
1. Innkeepers are not insurers of the safety of the persons of their guests; the limit of their liability is for the exercise of reasonable care for the safety, comfort, and entertainment of their visitors. Clancy v. Barker (C. C. App. 8th C.) 653
2. In receiving a guest into his hotel, a hotel keeper impliedly undertakes that such guest shall be treated with due con- Clancy v. Barker (Neb.) sideration for his comfort and safety. 642
3. A trespass committed upon a guest in a hotel by a servant of the proprietor, whether actively engaged in the discharge of his duties at the time, or not, is a breach of the implied undertaking that the guest shall be treated with due con- sideration for his comfort and safety, for which the proprietor is liable in damages.
4. It is the duty of a hotel keeper to pro-
See also LIMITATION OF ACTIONS, 2. 5. An injunction should issue to stay an action at law upon a promissory note for the purchase price of land until an equitteet his guests, while in his hotel, against able defense of reduction for partial failure of consideration is allowed, whenever the remedy at law is less certain, prompt, and efficient to attain the ends of justice. Wil- liams v. Neely (C. C. App. 8th C.)
Injunction; to protect property right stock quotations; where gaming transac tions are permitted in exchange hall. To restrain action at law to enforce claim to which an equitable defense exists.
the assaults of employees who assist in the conduct of the hotel and in the care and ac- commodation of the guests. If damages result from such assault, the hotel keeper
5. Innkeepers do not contract to insure the safety of their guests against injuries
are inflicted upon them by the negligent or wilful acts of their servants beyond the scope and course of their em- ployment; and for such acts they are not liable in damages when they have exer- cised reasonable care to prevent them. Clancy v. Barker (C. C. App. 8th C.) 653 6. A hotel keeper is not liable for an injury inflicted by a servant on a six-year- old boy while a guest at the hotel, where the boy wandered out of the room assigned to him, and into a room in which a bell boy was playing a harmonica for his own amuseinent, and the latter, either accident-
ally or wilfully, shot the former with a pistol; since the bell boy was not acting within the scope, or apparent scope, of his
employment at the time of the shooting.
7. It is not within the scope of the au- thority of a hired manager of a hotel to To restrain execution upon void or void bind us employer by admissions concern- able judgment. ing a trespass committed by him upon a guest after it has been committed. Clancy v. Barker (Neb.)
INSANE PERSONS.
See INCOMPETENT PERSONS.
Of Corporation, see CORPORATIONS, 6. INSPECTION.
Master's Duty as to, see MASTER AND SERVANT, 9.
mutual benefit certificate does not make her a legatee, within the meaning of a statute permitting such certificates to be issued in favor of legatees. Id.
Estoppel or waiver.
See also supra, 2, 3.
6. Retaining and attempting to collect an overdue premium note on an insurance policy will waive a provision in the policy Right of, to Protection from Negli- will terminate the contract. Union C. L. that nonpayment of the note at maturity gence, see NEGLIGENCE, 4.
See APPEAL AND ERROR, 23-26; TRIAL, 11-19.
Failure to Credit Overdue Premium Note on Policy, see APPEAL AND ERROR, 19.
Ins. Co. v. Spinks (Ky.)
Arbitration of loss.
7. An open mortgage clause attached to a policy of fire insurance, which merely provides that loss, if any, shall be paid to a mortgagee as his interest may appear, does not create any contract relations be- tween the mortgagee and insurer, or give Beneficiary's Right to Treat Original the mortgagee a right to participate in Contract as Rescinded, see BENEV-arbitration proceedings to fix the amount of loss; and, therefore, he will be bound by the award, although he was given no SEIZURE, opportunity to be heard. Collinsville Sav. Soc. v. Boston Ins. Co. (Conn.) Limitations as to time for suit.
Exemption of Proceeds of Insurance Policy, see LEVY AND 1, 2.
Powers of agents.
1. Where a nonresident fire insurance company appoints a local agent in Louisi- ana, and supplies him with blank policies signed by the president and secretary of the company, to be filled up, countersigned, and issued as occasion may require, such agent will be considered as having the powers of a general agent as to policies is- sued by him under such circumstances. Richard v. Springfield F. & M. Ins. Co. (La.) 278
2. An agent authorized to issue policies binds the company by all waivers, represen- tations, or other acts within the scope or requirements of his business, unless the in- sured has notice of the limitation of his power. Id. 3. An insurance agent having power to issue and renew policies, to make waivers, and grant permits or privileges, has ap- parent power to waive, prior to a loss, a breach of the iron-safe clause by him at- tached to the policy, resulting from the failure of the insured, through illness, to make a complete inventory of stock within thirty days from the date of the issuing of the policy.
Who may be beneficiaries.
4. A niece of a former wife of a man is not a relative of his child by a subsequent one, within the meaning of a statute per- mitting certificates of mutual benefit societies to be taken in favor of relatives. Smith v. Supreme Tent K. of M. (Iowa)
5. Naming a person as beneficiary in a
Insurance; statute exempting proceeds of policy from execution; effect to exempt from claims against beneficiary. 67
Provision that nonpayment of premium note at maturity shall terminate contract; waiver of, by attempting to collect overdue note; estoppel to set up termination of con- tract by retention of overdue premium note; provision that action shall be brought within one year. 264
Knowledge of agent authorized to issue and deliver policies and collect premiums, imputed to company; acceptance by agent of premium with knowledge of breach of condition; as waiver of breach; effect of limitation of general agent's authority; who is a general agent; presumption of agent's authority to alter or modify policy orally; duty of insured to keep books of account; burden of proof to establish waiver. 279
Attachment of mortgage clause to; bind- ing effect on mortgagee of arbitration pro- ceedings to which he was not a party. 925
nature of a judgment in rem, which binds
INTERNAL IMPROVEMENT. Construction of Public Roads as, see all the world. APPROPRIATIONS.
Internal improvement; what constitutes work of, within meaning of constitutional prohibition against state engaging in. 914
INTOXICATING LIQUORS.
Punishment for Giving Liquor to
Minor, see CRIMINAL LAW, 6.
A general consent in writing, by a mother, that liquor may be furnished by the person to whom the writing is ad- dressed, to her minor child, whenever he may desire to do so, will not bar a prose- cution of such person for furnishing liquor to minors without the parent's consent, since such consent would frustrate the pur- pose of the statute. Pressly V. State (Tenn.)
3. A judgment against a debtor is not binding on one who has contracted to save him harmless from the debt, unless he has been notified to come in and defend. Trimmer Co. v. Coburn (Mass.)
4. A decree denying the right of a cor- poration to have bonds secured by mort- gage on its property surrendered by a pledgee who was seeking to foreclose its lien on the bonds against the pledgeor, on the ground that the bonds had been wrong- fully put upon the market and had never been rightfully negotiated, is no bar to a subsequent suit against the corporation to foreclose the mortgage by which they are secured, since the latter question could not have been determined in the former action. Ruckman v. Union Ry. (Or.) 480
Judgment; conclusiveness in subsequent action or suit upon same cause; essential Effect of, on Degree of Care Required, qualities of res judicata. 481 see NEGLIGENCE, 7.
Effect of defective service on validity of; injunction to restrain enforcement. 499 Conclusiveness of decree of distribution by probate court on unborn devisees; on heirs or devisees not personally served or
Estoppel by; Burden of Proof as to, present; right of court to revise decree;
Evidence in Opposition to Plea of Estoppel by, see EVIDENCE, 22. Injunction against Entry or Execu- tion of, see INJUNCTION, 6, 7. Error in Rendering Judgment on In- consistent Findings, see TRIAL, 18, Sufficiency of Service to Authorize Per- sonal Judgment in Divorce Suit, see WRIT AND PROCESS.
1. A decree of distribution by the pro- bate court holding that a testator devised certain land to his widow for life, and the remainder thereof and all his other real estate to his children, share and share alike, and ordering that the estate be as- signed to the devisees according to the
terms of the last will and testament of the deceased, must be construed as assigning the entire estate in the property of the de- ceased to the persons therein named, to wit, a life estate to the widow and a vested re- mainder to the children, share and share alike. Ladd v. Weiskopf (Minn.) 785 Who bound by.
conclusiveness of judgment of probate court; inadvertent mistake by probate judge in naming a conclusion of fact what is really a conclusion of law; impairment of legal effect of judgment by. As presumptive evidence of liability of judgment debtor.
JUDICIAL NOTICE. See EVIDENCE, 1-3. JUDICIAL SALE.
Judicial sale; relief of purchaser upon annulling judicial or execution sale:-(I.) Release from bid; (II.) release from bid and return of deposit; (III.) relief by re- 2. A decree of a probate court having imbursement or subrogation: (a) gen- jurisdiction, assigning the residue of the erally; (b) reimbursement; (c) subro- estate of a deceased person, is conclusive gation: (1) generally; (2) out of proceeds upon all persons interested in the estate, of resale; (d) probate, guardians' and ad- whether then in being or not. It is in the ministrators' sales: (1) guardians' sales;
LANDLORD AND TENANT.
Liability of Trustee in Bankruptcy for
Rent, see BANKRUPTCY, 2-4, 6. Estoppel to Claim Invalidity of Land-
lord's Entry, see ESTOPPEL, 5. Landlord's Duty as to Keeping Side- walk Free from Ice, see HIGH- WAYS, 6. Liability of Occupants of Lower Floors
for Injury Due to Blocking of Stairway, see NEGLIGENCE, 5.
1. The retaking of the premises by a lessor releases the lessee from payment of all subsequent accuring rents, unless the contract expressly provides otherwise. Watson v. Merrill (C. C. App. 8th C.) 719
2. A tenant cannot be relieved from for- feiture of his term because of breach of his covenant to pay taxes after the prem- ises have been sold because of his default,
since he can no longer perform his cove nant, or make compensation for the breach, so as to entitle himself to equitable relief. Gordon v. Richardson (Mass.) 867
Larceny; necessity of instruction as to law on circumstantial evidence on prose- cution for. 195, 206
LAST CLEAR CHANCE.
See NEGLIGENCE, 10, 11; STREET RAIL- WAYS, 9.
'See LANDLORD AND TENANT.
LEAVE OF COURT.
To Filing of Information, see INDICT- MENT AND INFORMATION, 8.
To File Bill of Review, see REVIEW, 4.
4. The constitutional power of the state legislature to expel a member is not re- stricted by the further provision that a member who accepts a bribe is guilty of Landlord and tenant; effect of adjudi- felony, upon conviction of which he shall cation in bankruptcy of tenant to termi-be forever disqualified from holding any of 720 fice or public trust; and therefore convic- tion is not a prerequisite to his expulsion from the legislative body.
Condition giving right of re-entry for
breach of covenant; enforcement of con- dition where compensation in money can be made; breach of covenant to pay taxes; waiver by landlord of breach of condition; effect of landlord's releasing premises be- fore re-entry for condition broken. 867
Assumption of Risk of Danger from, see MASTER AND SERVANT, 13.
5. Allegations in a petition by persons expelled from a state legislature to secure reinstatement, that they were expelled without hearing or opportunity for defense, will not be taken as true, even against a demurrer, where the record of the proceed- ings, of which the court takes judicial no- tice, shows that charges were preferred, referred to a committee which reported an
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