Slike strani
PDF
ePub

n owed by the mortgagor to the mortgagee or which he ereafter owe him by note, book account, or in any otner s sufficient to include a subsequent debt arising for rent of (Vt.) Thompson v. Fairbanks, 899.

ATTEL

MORTGAGES-Future

Indebtedness.—A chattel conditioned to secure the mortgagee for the payment of all en owed by the mortgagor to the mortgagee, or which he hereafter owe him by note, book account, or in any other is sufficient to cover the liability by the mortgagee as surety of the mortgagor's notes. (Vt.) Thompson v. Fairbanks, 899. HATTEL MORTGAGES-Description of Property.-If a chatrtgage describes the property as the mortgagor's livery propogether with after-acquired property, consisting of all horses cher livery property that the mortgagor may purchase in his ss or acquire by exchange, the mortgage is a valid conveyance ch after-acquired property, after the mortgagee has taken posIn with the consent of the mortgagor, as to the latter's creditors. Thompson v. Fairbanks, 899.

CHATTEL MORTGAGES-Description of Debt.-In an action iving the validity of a chattel mortgage if the mortgagee elects reat it as a common-law mortgage, the sufficiency of an affidavit ribing the mortgage debt is immaterial. (Vt.) Thompson v. rbanks, 899.

CHATTEL MORTGAGES-Description of Debt.-If a chattel rtgagee elects to treat his mortgage as a common-law mortgage, 3 sufficiency of the description of the debt and obligation, intended be secured thereby, is governed by the rules applicable to real tate mortgages. (Vt.) Thompson v. Fairbanks, 899.

6. CHATTEL MORTGAGES Title Acquired by Forfeiture.-At mmon law a chattel mortgagee after forfeiture acquires an absoate title to the chattels, and on his taking possession, such title ecomes operative against the other creditors of the mortgagor. Vt.) Thompson v. Fairbanks, 899.

- 7. CHATTEL MORTGAGES-Sale of Property-Equity of Redemption.-A sale of chattels under a common-law mortgage by the mortgagee with the mortgagor's consent, operates as a formal foreclosure of the latter's equitable right of redemption. (Vt.) Thompson v. Fairbanks, 899.

See Bankruptcy.

CIGARETTES.

See Commerce; Taxation.

COMMERCE.

INTERSTATE COMMERCE-Original

Packages-Cigarettes.

Small pasteboard boxes, each containing ten cigarettes, separately sealed and stamped with a revenue stamp, shipped loose, unaddressed but delivered to an express company for transportation, the pany's receipt showing the number of packages and the per another state to whom they are shipped, are not original pa so that the business of dealing therein can be brought wit privileges of interstate commerce. (Iowa.) Cook V. A County, 283.

See Attachment, 1.

[ocr errors][merged small][ocr errors][merged small][merged small][merged small]

1 CONSTITUTIONAL LAW-Province of Courts and Tops fuse - The lapsite has no power u give new Ife to a cas Was been fly ayudicated by a court of competent

なよい Iowa McManus . Hornaday,

[ocr errors]

2 CONSTITUTIONAL LAW.-The Words "Law of the Im and "Due Process of Law" mean the orderly procedure of costs the periment of damages for an injury, to the end that thei Cum sufered sill have a remedy proper and adequate (Am) ELIS T. Krebel

& CONSTUTIONAL LAW-Estoppel to Question Statute-Je pratie of estippel spoles as well where proceedings of a mosiniga & Corta are questioned on the ground of the unconstitutially of the statute der which they are had as where they are attached a ce pokless such proceedings, or what is sought to le anrutished by them, are per se legal or malen prohibiten (065 & Tears v. State,

[ocr errors][merged small]

4. CONSTITUTIONAL LAW-Begulation of Business-It is af wien persius engaged in the same business are subjected to fee MU7005 or are granted Serent privleges taler like con

s that the Escrimat is open to objection, or can be sud impair the equal right and protection which all may claim under LD AW Xizz Fine v. Paltrowth, 628

5. POLICE POWER-Regulation of Business-In the exercise of the police power cases may, for the publie good, be constrained their bort and business, with reference to matters in them sets will and night. (Mint) Bette v. Paltrovich, 698.

& CONSTITUTIONAL LAW-Statute Giving Preference to Veterans-A statate declaring that persons who have served in the army or navy in the War of the Rebellion, and been honorably dis charged therefrom, shall be preferred for appointment for employés to positions in every publie department and upon all public work of the state and of the cities and towns therein over persons of equal lifications, is constitutional (Kan.) Goodrich v. Mitchell, 429.

[graphic]

CONSTITUTIONAL LAW.-A Statute Forbidding and Impos-
Penalty for the Use of and Sale of Registered Bottles without
ritten consent of the person whose name appears thereon, unless
ased from him, is not unconstitutional. (Mass.) Common-
T. Anselvich, 590.

CONSTITUTIONAL LAW-Statute Making Certain Acts
Facie Evi e of Crime.-A statute making the possession

or dealer without the written consent of or purchase
wner of bottles registered and distinguished by a name
evidence of a violation of such statute is not class
or unconstitutional. (Mass.) Commonwealth v. Ansel-

id in Part.

“STITUTIONAL LAW-Statute Partially Unconstitu-
section 18 of the statute of Massachusetts imposing a
or the use and sale of registered bottles without the writ-
nt of their owner, unless purchased from him, is unconsti-
it is not so far essential to the other parts of the act as to
eir validity. (Mass.) Commonwealth v. Anselvich, 590.
ONSTITUTIONAL LAW-Statute Void in Part, When Void
ole.-A statute requiring persons who have been libeled in a
per to give notice to the publisher, specifying the statement
to be libelous, and if it was published in good faith and
1 a misapprehension, and a retraction is published within a
pecified, no recovery can be had except for damages suffered
pect to property, business, trade, or profession, must be re-
I as unconstitutional and void as a whole, though the legis-
might require the service of a notice in order to give the
her an opportunity by retraction to mitigate general or relieve
If from punitive damages. (Kan.) Hanson v. Krehbiel, 422.
tive Statutes.

. CONSTITUTIONAL LAW-Curative Statute After Judgment.
re suit has once been brought against a property owner for the
very of a tax, and it has been duly and finally adjudged that the
is invalid and that no recovery can be had thereon, no legalizing
tute subsequently enacted will operate to nullify the effect of the
Igment, and subject the property owner to another suit upon the
me demand. (Iowa.) McManus v. Hornaday, 316.

12. CONSTITUTIONAL LAW-Curing Tax Levy-Reassessment.
statute authorizing the reassessment of a tax by a city council in
ase it proves invalid or of doubtful validity, does not authorize an
rdinance legalizing an assessment after it has been adjudged invalid
y the courts. (Iowa.) McManus v. Hornaday, 316.

Destruction of Unlawful Property.

13. CONSTITUTIONAL LAW-Statutes Authorizing Destruction
of Certain Nets Used in Fishing.-A statute declaring that any net
or any other means or device for catching or capturing fish in viola
tion of the law for their protection to be a public nuisance and mak-
ing it the duty of certain public officers to destroy such nets and
devices, is constitutional. (Ohio St.) State v. French, 770.

14. GAMBLING APPARATUS Seizure and Destruction.-A stat-
ute authorizing the seizure of gaming tables, and their destruction
after the conviction of the owner, is not unconstitutional as depriv-
ing him of property without due process of law. (W. Va.) Woods
V. Cottrell, 1004.

15. GAMBLING APPARATUS-Destruction of.-When
tables are seized under the West Virginia statutes, it is
trial court after conviction that can order their burning; ti
cannot. (W. Va.) Woods v. Cottrell, 1004.

See Commerce; Licenses; Municipal Corporations; Statutes

Note.

Constitutional Law, cigarettes, laws against the sale of, 298, 311.
gambling, apparatus for, validity of statutes authorizing seizure
and destruction of, 1011, 1012.

CONTEMPT.

1. CONTEMPT.-Statements Filed by the Judge of the court in
a contempt proceeding as to matters which occurred in his presence
and in open court will be treated as importing absolute verity. (Ind.
App.) Mahoney v. State, 276.

2.

CONTEMPT-Regulation of Procedure.-While it is not neces-
sary to look to any statute to ascertain whether a particular act
constitutes a contempt, still the legislature may, within limits, regu-
late the procedure in such cases. (Ind. App.) Mahoney v. State,
276.

3. CONTEMPT-Disorderly Conduct of Attorney. If the con-
duet of an attorney is disorderly, and his demeanor toward the court
insulting and of such character as to embarrass the proceedings of
the court and the due administration of justice, the court has power
on its own motion to punish summarily for the contempt. (Ind. App.)
Mahoney v. State, 276.

4. CONTEMPT.-Courts Possess Inherent Power to punish direct
contempts. (Ind. App.) Mahoney v. State, 276.

5. CONTEMPTS.—Power of Courts to punish for direct contempts
cannot be destroyed or materially abridged by statute. (Ind. App.)
Mahoney v. State, 276.

6. CONTEMPT Judgment-Time of Rendition and Entry.—An
order-book entry in a contempt proceeding reciting that on a certain
day "the following proceedings were had and entered of record,"
followed by a statement of the court's finding and judgment, does
not conclusively show that the court did not, five days before, and
when the accused was present, adjudge his acts and conduct to be a
contempt. (Ind. App.) Mahoney v. State, 276.

7. CONTEMPT—Adjudication is Conviction-If the court ad-
judges acts or conduct done in open court to be a contempt, its
adjudication is a conviction, from which an appeal may be taken.
(Ind. App.) Mahoney v. State, 276.

8.

CONTEMPT-Appeal-Presumption-Presence of Accused.—If
the record on appeal in a contempt proceeding is silent as to the
presence of the accused when the proceedings were had against him,
it must be presumed that he was present. (Ind. App.) Mahoney
v. State, 276.

9. CONTEMPT-Appeal.-A recital in a motion to set aside a
judgment in contempt proceedings, incorporated in the bill of excep-
tions, that such judgment was rendered without notice to or appear-
ance of the accused, and without giving him any opportunity to be
ard, cannot perform the office of a statement of such facts in the
of exceptions, when such bill contains no evidence of irregular
edings. (Ind. App.) Mahoney v. State, 276.

CONTINUANCE.

TRIAL-Continuance.-If a person violates a municipal ordin-
or the previously announced purpose of testing its constitution-
it is not error to refuse to continue his case to enable his

unsel to have time to investigate the questi vi
tts v. Atlanta, 167.

General.

CONTRACTS.

[ocr errors]
[ocr errors]
[ocr errors]

1. CONTRACTS, Who may Become Parties
ecome a party to a contract in any one of si vye 2 by ace
ng into it himself directly er tiri is ap: 1. by BOREST-
ag a stipulation made in his favie by the
llen & Currey Mfg. Co. v. Steveen Trev 1 2

2.

CONTRACT-Consideration.

-

[ocr errors]

Where Mimal Promise 17

ade, the one furnishes sciens emderation for the DEZ
Va.) Rowan v. Hull, 998.

3.

CONTRACT-Consideration-Beneft to be Decired on euá
ide from a contract fulfills the demand of the law as some LETE-
Zion. (W. Va.) Rowan v. HI, 99

4. CONTRACTS With Water Companies, Stipulation in When
not Pour Autrui.-A contract between a malegal experation and
a waterworks company by which the latte pia ufirin vur
to the former for the extinction of fres, fasting severn es tingi
it is intended for the beneft of citizens does it continute a rippe
lation pour autrui, and they camo mimin my anita for the
breach of such contract under a provision of the evde declaring that
"an equitable action is that which does not immediately arise from
a contract, but from equity in favor of a third person not a party
to it and for whose benefit certain stipulations have been mile"
(La.) Allen & Currey Mfg. Co. v. Shreveport Waterworks Coy 525.

Marriage Brokerage.

5. MARRIAGE BROKERAGE CONTRACTS.—A contract, by
which a person, by procuring the immediate marriage of a man and
woman, and the faithful performance of the marriage contract on the
part of the intended husband, for a certain term of years, is to be re-
lieved of a mortgage debt, is a marriage brokerage contract and void.
(Vt.) Jangraw v. Perkins, 917.

6. MARRIAGE BROKERAGE CONTRACT-Hastening Intended
Marriage.-A contract to hasten an intended marriage for a con-
sideration is a marriage brokerage contract, and as obnoxious to
public policy and law as such a contract to bring about a marriage
between strangers. (Vt.) Jangraw v. Perkins, 917.

7. MARRIAGE BROKERAGE CONTRACTS.-Nothing will be
Assumed in Aid of a marriage brokerage contract. (Vt.) Jangraw
V. Perkins, 917.

See Time.

CONVEYANCES.

See Deeds; Vendor and Vendee.

Powers of Corporation.

CORPORATIONS.

1. CORPORATION, Questioning Power of to Acquire Real Pro
erty.-Only the state can take advantage of the want of power
corporation to take and hold real estate. (Tex.) Scott v. Farn
etc. Nat. Bank, 835.

« PrejšnjaNaprej »