, 1879-05-28

Rblcd policemen mud !irencn to one-fonrth dt
tlln fund In 1tlcAttOI. .
Lastly, ti,rr,, Ind tho Legislature the ppwer
to 60 changc the law ss to asvest the assnetaiio',
OF its revenues derived ru,1, the Insurance rntees
II wah undoubtedly 's,e law That whcn ehar-
tsr gave t'tlvate bet,eyoent sornosa.", ..,,n ny
wlAVh could not be act asldo by tue i'eelhlntule
without consent of such corpo1atio, ~. ~, tG5o ,
was tlo cnsc to DC found which held tilat t!la
eitn'" no1iioa Of 'it tic ''0 public revcnasa to
pr1ysts corporation. II would bc carrying |
lie doctrine of vested riehts TO ~
unwarrantaolc length to hold that anei' "a iuna
could be ifreIusnatly Appropriated ~ the pur-
poses Of private corporation: li,e right 81 nf tIo
Legislature could diyest 1t all, tn tma ways:
enuo was raised; and, second. ',y repeating that
under which II was directed To b. pnid to the
corporation. II the right to receive the fund
appropriated by the charter could not ho taken
away, t,c,t tle stato stood forever pledged nut
only TO pay over tile money, but to impose tie
Ink by Ncl, the money was to he raised. Such
tioetrluu would debar tho Stnte from rcLnittiht:
Or modifying tho tax 'nposcd By We Revised
changing tte acat or tta policc policy in relation
to foreign insurance companies. No authority
could he found sustaining aucli tsoctFns, aud on
principle, II .wah wholly uuicnabe; llc case
mandcd.
In tho case Of Chapman vs. The Union Mt-
tua1 1.lfc-1nsllranco Company, thc qucsiios, was
raised ns what are fixtures 1T church. Some
years ago the Trustees of tile Michigan Avenue
Church guye a tr.ist-decd on the church prop:
ertr, Including fixtures, to the Union Mutual
Lite.lnauEance Company 70 socufe &c ocot of
s5J,000. Subsequently Cass CHAPMAN, the arGll-
church, a1d proceeded to. levv on !ts car
2s.' s Rs" es' sfss' $hs Gs 'Sssss = tisa 1
alsd bill to restrain the sale, clsilai''E TINT
chandeliers. eettces, pev-cushione, hRt.'amps,
| Nniow.bllnde, furnace, md heating apparatus
were fixtures, mud covered by the trusf-decd'
On Hearing. Judge n MGare decided l,ah imat ~. a,c
tees. furnaces, registers, nlld heating apparatus
wcro fixtures, and granted M Injunction against
their sale but refused It as to the other ARTICLES
iug-desk, chandeliers, FURNACES, ant registers,
mid tie only question, therefore, vas as 10 tho
character Of the settees halllasnps, a',a organ:
The Appellate Court, BY Judge hatlsy, asld
being movable aui not attached il any way to
| the building we're not fixtures. Though II WAS
true the apartments thus furnished could not
be used for ihc purposes Tor which they wsrs e
couvenIelIces, yet tho SANG might be said of
/ every unlurnishcd room. Tho fact That furni-
turc was Indispensable to tile proper use Of ihc
building did not mako IT fixture. Tile nai
Inupe were gas fixtures attached In the usual
way, but the law vas established that such gas
fixtures wore not part Of the realty The cues.
tion ns to whether the organ was fixture was
.snSe %s eeen uao rh spee
to tic size n,,tl shape Of the recess where It Was
nut, that It added to tlle completeness Of tho
appearance OF the church Interior By Its har-
slightly, md even unfinished, place II # were re-
| moved. It was not III fact. fastened 70 tue
building, except by two nails, but tlsc role cr!-
terton ot fixture was not that II "as alilxcu 70
tie realty. The intention OF tho parties hnd
much to DO with determining whether an Or
tic}e wns o fixture. The organ In question Was
evidently prominent aescssory, nna move than i
pieye OF furniture. Thu law as regards ax,
doubt, Ercat weight should be given TO the In
tent[on Ut the parties. The rulo was TINT chat,
tells became real estate when they were annexed
to the freehold under sncn Circumstances
the nroporty itsclf. taking into consideration tn!
character of the annexation, the nature nnd
adaptation Of tho nrttclo annexed 70 the uses
nc1ation WIS made and ulc relation Of the partl
making It to the freehold in question. that T
permanent accession 10 tho fTcehold Has 10
tended to DO nlnle by the anuexatiun. Onde
organ was fixture, uul belonged TO tho realty
The doctca would therefore be modified 80 rs Il
dissolve the Injunction US 10 the scttecB nut
hall.lanpa I'll question.
CARPENTER FBs PALTEH'
This was bill to enforce lieu in tho nature
OF d mechanics lien aEaiuut Carpenter, th
:: appellant It seems that III 1915 Carpenter Gu
gugcd John Cnristeny to build four houscs o.
DC corner Of Dearborn md Chestnut stresss
. tha s rrentainder~sli. r .5N-oy ths conveyauee i
Christeny Of Lois III ard II, Block IL, Ia Kt1
sie's Addition. The deed to these lots wa
| rlaeed In the hotda ut q third party until til
contract wns finished, but one Of the lots wa
subsequently sold BY the consent OF al gartf'.
Christeny failed 10 finish tho woz., anl Carpet
ter went on aud completed 1t at coisiderabi
extra expense: The appelleca, sub.consraetor;;
iIen agafnst thn unsold lot for the balance III!
/ them, aud obtained decree directing thu sal
! Of tjle lot AMI division Of the proceeds pr
!, rata between them aud cqrpentcr; II, iile Apnv
! bub-coatrnctOrA Wero not ush!er tl'e esidcnt
4 entitled to any such lien, nnd directed that VI
degree Of the co,!tt bctow should be modified
= d!abursemcnts to be paid first, and then to ha,
:, the remainder diy3sied pro rata among the ea'
i HoLroN rs. DAILY.
= This was suit to recover aamagot W lla'
! aestnet hts employer, Holton. The oectdel
= was caused by the bursting OF IN emery wllte
i and the defense wH~ TINT II WAS caused by te
i. low.workmu,, for which recovery could not
r laaA u9atnst thu employer. Il,s Appell1a M T.
properly stated 10 one oE tie INSTRUCTIONS 10 Il
Jury, ind rcycrscd the case for that cause alon
j. GENERAL.
r rarrAn, MK1LLOr co.
J Yesterday mornings TRIBUNE contatuoo I
;, Account Of tie failure Of the commercial agent
e ut l'sppan, Mckiilop Il Co., Of this c.t
+ md Yesterday bill was filed in the Clrcli
= Court 10 have thcir atfalra wound up. Tho col
T. u nlainapt te Albert Winslow, who states that u
, SfLun D. -