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1. Whenever required by the governor to
appear and prosecute criminal proceedings
in any county, the attorney general be-
comes prosecuting attorney of that county
those proceedings, and as such may sign
indictments presented by the grand jury.
State v. Bowles (Kan.)
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.
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
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
the necessity of verifying each particular
information filed. State V. Guglielmo
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.
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.
NOTES AND BRIEFS.
Injunction; to protect property right in
stock quotations; where gaming transac-
tions are permitted in exchange hall. 63
To restrain action at law to enforce
claim to which an equitable defense exists.
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-
To restrain execution upon void or void bind is employer by admissions concern-
thority of a hired manager of a hotel to
ing a trespass committed by him upon a
guest after it has been committed. Clancy
v. Barker (Neb.)
To enjoin obstruction of public street;
to abate private nuisance; to prevent
multiplicity of suits and irreparable mis-
NOTES AND BRIEFS.
Affecting real property in other state; Innkeepers; liability for injury to guest
jurisdiction of equity to issue.
689 by servant.
Of Corporation, see CORPORATIONS, 6.
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.
Ins. Co. v. Spinks (Ky.)
Master's Duty as to, see MASTER AND
See APPEAL AND ERROR, 23-26; TRIAL,
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
the mortgagee a right to participate in
Failure to Credit Overdue Premium
Note on Policy, see APPEAL AND
Beneficiary's Right to Treat Original
Contract as Rescinded, see BENEV-arbitration proceedings to fix the amount
of loss; and, therefore, he will be bound
Exemption of Proceeds of Insurance by the award, although he was given no
Policy, see LEVY AND SEIZURE, opportunity to be heard. Collinsville Sav.
Soc. v. Boston Ins. Co. (Conn.)
Powers of agents.
Limitations as to time for suit.
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.
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
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
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.
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
8. A provision of a life insurance policy
that suit shall be brought on it within a
period less than that fixed by the statute
of limitations is void as against public pol-
icy. Union C. L. Ins. Co. v. Spinks (Ky.)
NOTES AND BRIEFS.
Insurance; statute exempting proceeds-
of policy from execution; effect to exempt.
from claims against beneficiary.
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.
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
Construction of Public Roads as, see all the world.
NOTES AND BRIEFS.
Internal improvement; what constitutes
work of, within meaning of constitutional
prohibition against state engaging in. 914
nature of a judgment in rem, which binds
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
4. A decree denying the right of a cor-
poration to have bonds secured by mort-
gage on its property surrendered by a
Punishment for Giving Liquor to pledgee who was seeking to foreclose its
lien on the bonds against the pledgeor, on
Minor, see CRIMINAL LAW, 6.
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.)
NOTES AND BRIEFS.
Judgment; conclusiveness in subsequent
action or suit upon same cause; essential
See INSURANCE, 3.
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. Busell
Trimmer Co. v. Coburn (Mass.) 821
Effect of, on Degree of Care Required, qualities of res judicata.
see NEGLIGENCE, 7.
consistent Findings, see TRIAL, 18,
Sufficiency of Service to Authorize Per-
sonal Judgment in Divorce Suit,
see WRIT AND PROCESS.
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
see EVIDENCE, 4, 5.
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-
Estoppel by; Burden of Proof as to, present; right of court to revise decree;
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
See EVIDENCE, 1-3.
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.
NOTES AND BRIEFS.
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;
A court order annulling a judicial sale,
and directing a resale of the property,
without accepting the bid, or directing any
proceedings against the bidder, or any con-
firmation of the sale, relieves him from all
liability upon his bid. Cowper v. Weaver
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.)
NOTES AND BRIEFS.
Landlord and tenant; effect of adjudi-
cation in bankruptcy of tenant to termi-
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.
Assumption of Risk of Danger from,
see MASTER AND SERVANT, 13.
NOTES AND BRIEFS.
Larceny; necessity of instruction as to
law on circumstantial evidence on prose-
See NEGLIGENCE, 10, 11; STREET RAIL-
'See LANDLORD AND TENANT.
To Filing of Information. see INDICT-
MENT AND INFORMATION, 8.
To File Bill of Review, see REVIEW, 4.
Who is, see INSURANCE, 5.
Expulsion of Member as Bill of At-
tainder, see ATTAINDER.
Power to Create and Destroy Counties,
Relation of Judicial Department to,
see COURTS, 4. 5.
1. A member of the legislature has, in
the absence of constitutional provision, no
right to a trial and opportunity to be heard
upon charges made, before being expelled
therefrom. French v. Senate (Cal.) 556
2. A member of the state legislature is
not protected by the Federal Constitution
from the exercise by that body of its con-
stitutional right to remove him therefrom.
3. The state legislature has power to
adopt any procedure for the expulsion of
members, and to change it at pleasure. Id.
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
felony, upon conviction of which he shall
be forever disqualified from holding any of-
fice or public trust; and therefore convie-
tion is not a prerequisite to his expulsion
from the legislative body.
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