The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-05

sion.gTh series IL edited by MIR. ISAAC
.GskHr THOMPSON, assisted by other ski'ful
lawyers Of Albany, N. Y. The object Is 10
furnish the profession with all the most i'm
portant cases decided by the courts OF last
resort in all the States Of the. Union----Ihis
volume contains cases from Colorado, Con-
uecticut, Georgia, Indiana, Massachusetts,
Michigan, New Hampshire, md Wisconsin.
The courts of last resort of several of these
states have a high standing amongst law
-yers. and their decisions and opinions COM
rnand the respect of lawyers, Judges, and the
public generally. Each volume contains a
table of the cases reported, and a table OF
the cases cited, and also an index, which LAST
consists of the syllabuscs in the various
cases reported, arranged carefully according
to the principles involved and the points
discussed. We givea few extracts from this
index as showing the character of fhe Whole
series, of which this, volume is the ninth
ASSESSMENT. .,raT J-n
A city was authorized by its charter TO
pave its streets and assess q proportional
part of the expense upon persons whose pro-
perty vas especially benefited, which assess
mcnt should be q lien liable to foreclosure
like Il mortgage. The city having paved a
street through which defendants horse rail-
way was laid, held % That defendants track
was real estate and liable to assessment; (2)
That the remedy to recover the same by lien
Was not exclusive, and that an action OF debt
would lie for it; i(9 That the company, hay
ing suffered the city to make the improve
ment with full knowledge and without OBJ
lection, were estoppcd from setting up that
their charter required them to pave the road
covered BY their track at their own expense.
City Of Ne,c Haccn Q. Fair Hdren and
Hrestfeid Railroad Company, 399. g.
BURDEN OF PROOF.
The burden of proving loss from cause,
and TO an amount tor which insurers are Ia
Bile, is upon the assured Cory rs. BoylSton
Insurance Company, IA. , .......'
CARRIER. .. o..
One who carries property FOR the conYe'
nicnce. and ut the request OF the ballee
thereof, has no lien thereon for services
is against the oWner.-G Gibson .. Glenn, 10.
A promise by the drawee to the drawer
OF a check, draft, or bill of exchange TO ac'
cept and pay the same does not make the
drawee liable to an action by holder, un-
less the latter has taken the check, draft, or
bill Of exchange on the faith Of such prom
ise-Carr I. National Security Bank, 8,
and note, 9. 81,
u. COMMON CARRIERS.
/. Common carriers are bound as carriers to
deliver goods to the consignee, provided he
appear within reasonable time to receive
them, and the consignee Is entitled TO rea-
sonable opportunity TO receive bis goods be-
fore the carriers liability is changed to that
Of warehouseman.- GrareS Q. The Hart
ford and Ner York Steamboat Company,
| $50, and note, 80.
4. Goods in box were transported by suc-
cessive carriers, and when delivered to the
conSignee the box was found to have been
opened, and part of the goods taken out
Held, that the presumption was that the loss
occurred through the fault of the last car
rier.-Ldughlin z. The Chicago and North
tceStern Railroad Company, 493.
CONSTITUTIONAL LAW.
1. The Legislature has no power to appoint
permanent officers for the full term whose
duties are purely Elunicipal.-People U.
Hurlbut, 103. ...ss..--
8. The charter Of city provided that no
costs should he recovered against the city in
any action brought to set aside tax assess
ment, or to prevent the collection of taxes.
Held. unconstitutional, being all attempt to
exempt q particular corporation from the
operation of general laws.-Durkee z. The
city Of Janesrtlle, 500.
4. The Legislature passed an act entitled
d" An act to authorize the city Of Madison TO
rca,sess and collect certain taXes and assess-
ments," and authorizing special re&ssess-
ment, for the payment OF patent pavement
Already laid in the city, and also the adoption
and use Of any patented pavement In the
future, and assessment and collection OF
taxes therefor. Held, that the act did not
:. embrace more than one subject" and that
that subject was sufficiently "expresscd in
the title" within the meaning OF the pro-
visions Of the Constittution.-MHS U.
Charleton 578, and note, $50.
7. act oil The Legislature compelling the
taxation of town to pay for bounty to a
volunteer, and the expenses of unsuccessful
suits to recover the same, is not for NUM-
eipal purpose, and roid.--State Z. Tappan,
622. - ~.
8. The Legislature has no authority to pass
law in which it exercises judicial powers,
by determining the rights Of parties.-Ib.
There are hundreds of other syllabuses.
This book is for sale by J. w. RANDOLPH
& ENGLISH, Nain street.