The state chronicle., 1892-12-20
Digest of Decisions OF supreme Court
at September Term. 1892

Shaffer vs.. Hahn: \ copy. duly GER
titled, of the organization Of national
banking ASSOCIATION. under sections 5l33.
5l34. Rev. stat L. is sufficient evi
dence Of the corporate existence of such
organization "A deed from corpora
tiNn properly executed and containing
in is body the true name of such cor
poraIon, i not rcnd red invalid bv the
recital therein that ~ made by ''the pres
ident ani directors" Of the corporatian.
as these words NAV be rejected as sur
pl IsaCe When deed MAS signed by
one representing himself 10 toe the presi
dent Of corporation. and the probate
thereof reci;ed the fact that the proof
showed such person was, liz fact. such Of
lcer: held that l. was not necessary.
upon trisl involving title under the
deed, 10 offer further evidence of the
official character Of ;hc person signing
the deed. IF the calls of "a deed are suf-
ticientiy definite 20 be loca.ed by extrin-
SIC evidence. that location cannot be
charged by parole agrtcmen. unless 1t
related 70 running and marking of lines
/ and corners contsm mporaaeous with the
making "f the deed When a deed con
!
/ description that Interpretation will be
given it which will support it if possible,
and that description will be adopted
whlc will carry GU, the certain intent Of
the maker
Winborne vs. Mitchell: Insolvency Of
the principal is no defense to an action
against the bail; nor can sheriff, when
sued as bail. show in mitiga-
ton Of damages, such insolvency.
a sheriff having permitted one arrested
by him upon mesue process, in a civil
action, to 90 into an adjoining room,
from which he escaped, was guilty of an
escape and subjected himself to liability
rs bail
Ginsbery VS. Leach: The supreme
court will not consider exceptions aris
ing upon the trial of other issues, wheu
one issue decisive of the )pelant's righ,
to recover, has been found against him
by the jury
Ely VS.. Davis: 1t is essential to tn,
maintenance of an action for malicious
prosecution, that the complaint should
contain an averment of the want of prob
able cause, or statement of facts which
if proved, would establish a want oi
pEODdDIc cause. SeInDle. tnat an actor
will not be for malicious prosecu
ton in civil suit, unless ther
has been an arrest of the person, siuzer
Of property, or similar extraordinary
proceedings, productive of special dana
ges.
Aydlette VS.. Pendleton A sale 70
7 PARTITION will not be decreed where ther
are contingent remainders. or other fu
l tuTe, constitutional interests, unless a
e the persons who may be by any possibil
i " interested, unite in asking such a d,
7 cree-the act of 1887, ch 2l3. not az
: plying to such contingent estates and il
terCsts.
Barns VS.. Lawrence 1t is not neces
u sary that party to an action who d,
d ,ires to examine the adverse party befoI
II the trial, under IS $50 and 5Sl of tn
r Code, shall first obtain leave from ii
n court to make such examination. Th
words of the statute, unless for goo
Al cause shown, the Judge shall ord,
ptherwise, apply only to the length
N HE time Of notice. less than five day
y IN appeal from an order of the Cour
q Before which such eXAmina lon is ma.
d directing ne eA =mination to proceed,
ie premature.