The sun., 1889-12-08


An Excellent Series OF Law Books.
The eighth volume OF the American State
Reports tthe Bancroft Whitney Company, San
Francisco) maintains the high standard OF ex-
eellence which has characterized the previous
volumes Of this serleS. 1t contains the princi-
pal cases OF general Importance which have
appeared in the recently published official re-
ports Of the decisions Of the courts OF last
| resort In nine States: Illinois, Louisiana,
| Michigan, Minnesota, Nebraska New York,
| Oregon. Texas, and West Virginia Many OF
| the cases are fully and most usefully annotated
by Mr.. A. c. Freeman. the editor.
| In Nebraska case new trial was prayed
| for on the ground that the jurors. when they
retired, marked down the damages respective
| ly. and. treating the aggregate as dividend.
took their own number. twelve as divisor.
and returned the auotient as their verdict It
was hold. however, that the verdict might be
allowed to stand in spite Of this action on the
| part of the jury. inasmuch as It appeared that
| no agreement was made beforehand that the
result OF the marking should control; but sew
| era. votes were subsequently, taken. The cur
rent OF authority appears TO be in favor Of the
| view that q verdict thus arrived at 10 not In
valid in the absence OF previous agreement to
| be bound by the result, but the rule is other
| wise where the jurors agree before the count 10
aseertained that they will be bound by 1t. An
| other case from Nebraska shows that in that
| State yindictive or exemplary damages are not
| allowed to be recovered-that is to say. dam
ages In the nature Of punishment. or what ia
sometimes called smart money"
An interesting Oregon case reported in this
volume is one in which the Supreme Court OF
that State considered the constitutionality Of
statute authorizing person who takes up o
stray animal to sell 1t in order to reimburse
himself for the acknowledgements incurredin in
securing 1t and caring for II. 1t was contended
that such a statute was In conflict with the
provision OF the State Constitution that no ono
shall be deprived Of his property without due
process OF law; but the Court declared that the
taking up Of q stray animal did not deprive the
owner OF his property. but preserved the estray
for his benefit Tho animal is beyond his con-
trolls lost as TO him. and Is liable to perish
unless taken up and cared for by some one. Tho
person interfering with the animal under such
circumstances confers upon the owner benefit
It is highly meritorious act when done In good
faith, and the law gives the party claim upon
the animal for the reasonable expenses in
Cured. and authorizes a sale OF It In order to
reimburse him."
Illinois contributes a negligence case involv.
ing some novel features. The plaintiff was
boy about years old. and was invited by a To-
comotiye engineer to ride with him on his en-
Rine. which was employed In the DEPOT yard.
Seeing the yardmaster approaching, the en-
gineer said to the boy. Cheese 1t. the old man
is coming" whereupon the plaintiff jumped
off, the engine then being In motion. and the
boy was injured. The Supreme Court OF Illi-
nols held that the engineer acted outside OF his
authority In asking the boy to get on the loco
motive. and that IL the injury had occurred
without any further fault on the part of tho
engineer the railroad company would not have
been liable: but a verdict in favor OF the boy
was upheld on the ground that the engineer
was negligent In directing child only years
old to get off an engine while In motion. and
that for this negligence the company was re-
sponsible In law.
In Texas there are two series OF official law
reports; one known as Texas Appeals. con-
tanning criminal cases only. and the other
known as the Texas Reports. which contain
civil cases. Many novel and curious points of
criminal law are discussed in the cases re-
ported In the series first mentioned. One Of
these cases shows that mere oral defamation
or slander is a criminal offence in the State Of
Texas. In the complaint or information tho
alleged slander, was set out In the English
LANGUAGE. on the trial the State was permit.
the same meaning, but uttered In the German
language: and this variance was held to be
fatal to the judgment against the defendant.
Another Yrious Texas case is one In which
the appellant was CONVICTED for laborinR on
foe factory, 1t appeared that II the factory
were closed from Saturday night at - o'clock |
to Sunday night at IL o'clock. IL would require |
from twenty-four to thirty hours before the |
Temperature could be SO reduced as to resume |
the manufacture of ice. The Court OF Appeals |
held that these facts presented a case OF neces-
sity and therefore set aside the conyictlon.
1t Is a weli-settled rule OF law that writing |
so imperfect and obscure as not to be intelli- |
gible cannot become the subject Of an indtct- |
ment for forgery. In the case OF Hendricks |
against the State OF Texas, the prisoner was |
indicted for forcing an order for a merchandiss
same to Dr., r. 7, Cook" The word Bare
was intended to be bearer" and the, word |
Crosses was meant to be +" groceries" The |
Court OF Appeals 80 held and declared the in- |
strumont 20 be one OF which forgery could be |
nrelicGted. Another curious point as to the |
procedure was decided in murder case,
where the Court declared that while a trial
Judge might assume. without submitting the
question 10 the Jury, that front tooth is q
member" OF the body. It was his duty 70 leave
the question whether corner tooth" Is o
front tooth " 70 the jury. to be passed on BY
What we have said Of the eighth volume Of
the American State Reports suftices TO indicate
how much matter 1t contains which Is OF inter-
est even 70 the general and unprofessional
reader. To the lawyer who desires to keep
himself informed US to tue current OF judicial
decisions throughout the country. without |
oyerburdeninR the shelves OF his library with |
books, this series OF law reports Is Of the high