Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-04-03
CuriOus legal Def,ni,ionS.


fine some words and expressions the meaning
OF which would seem quite apparent, and has
drawn some fine distinctions In definition.
In the [Mainel case OF Mccarthy against Port
land the court say In illustration [ef the mean
Ing OF the word 'traveler'']: ga boy may be
within the protection OF the statute while run
from school; but not so If participating In a
game of ball, being carried on at the time In the
highway. He might be traveller, perhaps,
| under some circumstances, while sliding down
hill on his way to school; but not If merely en-
gagged In Sliding down hill as a pastime and
sport" In Britton against Cummington MAS
whether person driving on highway ceased
to be '.traVeler" for the time, by leaving his
horse and wagon, and picking berries at the
roadside.
1t is perfectly we'll settled that dog Is not a
person. A tMich1gan] statute licensed 'any per-
SON" to kill dog going at large and not licensed
or colared. In an action to recover for the kill
Ing of PLAINTIFFS dog by defendants dog 1t was
held no defence that plaintiffs dog was not
licensed and conared, as defendants dog was
not person"
ow' is held in Georgia Railroad and Banking
Company against Carr. This was where a stat
ute gave widow right OF action for the
homicide of her husband, and it was held that
such right was not Invested by her marriage
subsequent to the commencement of the action.
THE word widow indicates the person. not the
state, and Is used as synonymous with wife,"
say the court. The court seem to lay stress on
the fact that the widow had waited suitable
time" as the women phrase 1t. ''This young
widow waited some four years" exclaimed the
but decently, and after long w1dowhood, com
paratively, married again." And so She got
new husband and 81, 900 for the old one.
In Kennon against King Montana the court
refused to stultify itself by pretending not to
know that ''poker" is a game of chance. re-
marking that there Is mo reason for calling
would not apply with equal propriety to the
wards deed, lease, contract, river city and
church."
In State of Louisiana against Holmes. we find
definition OF druggist" 1t was there held
that where license Is required to carry on the
business OF druggist one cannot sell drugs
and medicines under a license as retail mer-
chant, although druggist properly means one
who buys and sells drugs without compromising
or preparation" The term, therefore, has a
much more limited and restricted meaning than
defendant was indicted for selling liquor with
out license; had dry goods on one side OF his
shop and drugs on the other he was required
as merchant to be licensed, but as druggist
he could sell In quantities less that quart With
out license The court charged that If he was
merchant and unlicensed, and sold less than
quart he was guilty, unless he was "a drug
gist, In good faith and his business was com
pounding and selling drugs" etc. This was held
error, because it confined the business of an
apothecary or retail druggist to one who actu-
ally compounds his medicines.
"Trade" is defined In Enscoe against Dunn
(Connecticut, where 1t was held that the horses
and cart of one carting coal are not exempt as
implements Of a debtors trade" The court
say" BY the word trade, as used In this stat
ute, we suppose is meant the business OF a me-
chanic, strictly speaking, as the business of a
carpenter, blacksmith, silversmith, printer or
the like"
Under the statute Of exemptions, music
teachers piano has been held an implement OF
business" so a fiSherman's net and boat as
tools" and so f1ddler's fiddle ana bow;
canal boatman's tow line; an iron founders
patterns.
contiguous means In actual close contact;
SO buildings fifty feet apart are not "cOntigu-
OuS."
Worcester defines 'auct1oneer" as zone whose
business is to offer property for sale at auction"
But In the City Of Goshen against Kern I'm
dianal 1t is held that one who only sells his
own goods may be an "auctloneer."
The word ''pants7 is not recognized by leXi-
cographers nor by anybody but "gents," and
yet In state Of Louisiana against johnson 1t Is
held that an indictment for stealing IA pair of
pantsp is good The court says "the word
pants has completely superseded the word pam
falcons"
Seven is several" The court fin an Alabama
easel said several" means more than two, but
not very many, and includes seven.-AL6any
LdU Journal.