The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1870-09-21
Legal Intelligence.

!of ocptcinoer IN advance OF pub
lication.]
In our State Courts Reports for
the present month will be found q
number Of adjudicatious Of una.
sual interest.
| The nature Of the writ of manda-
mus, q remedy which is becoming
| more and more useful; is ably dis
cusscd in the case Of Ihe iS.ate er
rel 1oacnsend ct al .. NcIcer, dc,
! and a decision arrived at which
will crafty not a few of our read
| ers. The gist of the opinion is
that q mandamus may issue to
compel transfer Of L. Il. stock on
the books Of the company, and
this, even, if the company have
not adopted regular bylaws.
In P5meN. y. Lash, the doctrine
Of tantum precscriptum, quamtum
poesessum is very happily applied
to a case which is likely to furnish
q valuable precedent. A had en-
joyed twenty years user of a
dam, and built another six feet
from the first, which being soundcr
caused the bed Of the stream to
fill with sand to the damage of B.
Is sued, and in, the appellate court
was sustained.
The effect Of a partner signing
with a seal the firm name to an
cNecutory contract is discussed by
Judge Sharkswood in iSchaaert< y.
&reere. The Court hold that if
the contract be good without the
seal, the latter may be rejected AZ
surplu$age.
Gaes 4. Preston, adjudicatcd in
the Court ofAppeals ofNew York,
will not, we apprehend, seem CON-
elusive to all who read it although
a careful examination will show
that is good law. A Judgment Of
a Justices Court, obtained by y
surgeon for professional services, is
held TO be a bar to an. action for
NAL practice in the performance Of
such service.
In Detroit .. BZakely a doctrine
is enunciated which is directly in
contraycnt;on of. what has been
very generally accepted as hdis-
putable. 1t is declared that u eity
cannot be held liable for personal
injury resulting from a defect in
its streets. The ruling will ap-
pear most unusual, aod yet the
reasoning and interpretations arc
as lucid us they are bold. The
learned author has evidently given
the subject most careful ttention,
and reached his conclusions only
after a review cfprobably all the
important american cases which
are supposed to lead in another
direction.
What may be tho effect of this
remarkable opinion remains to be
seen. 1t is not improbable that it
may prove to be productive Of
great results.
The cases contained in our =.
S. Courts Reports arc also of great
The opinion of Chief Justice
Chase in Heal .. Talley, defining
the responsibility offduciaries who
have invested in Confederate
bonds, is one Of the most impor-
tant delivered since the close of
the war.
In Bigler Z. Waller ct al, the case
of Hanger .. Abjott, and Ward 4.
Smith, are construed, and the ruts
laid down that as a general prin-
cipIe interest docs not accrue be-
tween bcligercnts, although IN
some instances it may. The date
Of the commencement of the war,
and its termination in Virginia, arc,
aiso fixed but it is asserted, q
act which is not generally under
stood, that the date of tcrmina-
ion applicable to all cascs'' has
rot been settled. The ruling in
he Thorington case is, also, ex-
From the recent opinions Of the
supreme Court We give the cases
If Neat Z. Neal, and Biqrlov y.
Forrest.
In the former it is decided that
when there is parol gift of land
accompanied by possession, and
he donee makes valuable improve
nents, specific performance will,
lpon proper proof, be decreed.
Tho opinion further furnishes
omo useful instruction as to
amendments in equity proceed
Dgs.
Blge{ow q. Forrest treats of the
emoval Of actions under the act
# 1863, declaring that this act re-
ates only TO actions which are
trictly personal. The fifth Sec
ion Of the "Confscation Act" is
eld to bar those only whose prop.
rty has been seized, and the cs-
ate taken under the act is defined
o be an estate equal to the life es.
ate Of the holder at the time of
cizure.
Judge Hills opinion in Ring o..
'feaner Il. E. lee, establishes that
here must be an actual delivery
D render q common carrier liable
'r loss Of baggage. 1t is chiefly
setul as going TO show the general