The record-union., 1896-09-20

pointment of ancillary administrator
or to secure 1T to his nominee. He can
not, therefore, hold the evidence of
debt and do nothing, for this would be
most unjust to the distributes and
would result in loss Of the debt to
them.
(No. Is, 5,744-Department Two-Filed
Sept 10, 1860
Edward J. Curry, respondent: Pat
rick Holland, appellant. Action to re-
cover value of work and labor per-
formed. Affirmed
Where there is substantial conflict
Of evidence the verdict of a jury will
not be disturbed.
Il. A., No. 51-Department One-Filed
September II, 1860
Maria s. Sanchez, respondent; Grace
nj. E. Church, appellant. Action for
ejectment. Affirmed.
The conveyance of land bounded by a
highway is presumed to carry title to
| the median line of the way, but there is
nothing in a like presumption to include
land which has formed, but forms no
longer, part Of the highway.
1t is the ecclesiastical society consti-
tuting the church, not the persons who
sign the articles Of incorporation, that
become a legal entity with power to
transact all business relative to the
church property; the trustees or direct
ors are bat its agents in that behalf
The fact Of incorporation of a religious
or benevolent body is so strong a pre-
sumption that the property enjoyed and
used by it is possessed by the corpora
ton as not to be rebutted by evidence of
mere organic corporate inactivity.
Grim, No. 116-Department Two
Filed September 16, 1860
In the matter of the application of
John w. Howell for writ Of habeas cor
pus. Prisoner discharged.
While even in matter calling for the
| exercise Of judgment, a perjury may be
predicated if one willfully and wickedly
and maliciously refrains from excercis-
ing and giving expression to the exer-
else of his best judgment, if in law he is
bound to do so. But in the absence of
a showing that there was such willful
failure and refusal to exercise an honest
judgment a charge of perjury cannot be
successfully maintained
Is. r., No. 411-Department One-Filed
September 16, 1860
Goodrich, appellant; Loupe ct al, re-
spondents. Appeal from order setting
aside a default Judgment Order af-
frmed.
The Superior Court is vested with
large discretion in entertaining motions
to vacate judgment and where there
lie oh a.
tion of the lower court in such a matter
will not be disturbed on appeal.
(Sac., No. din Bank-Filed Septem-
ber IL, 1866
Della Eberhardt, respondent; NJ. J.
Coyne, appellant. Ejectment. Re-
versed. Mcfarland, j., dissenting.
Since the amendment to Section 325,
9. G. p, which took effect May 81, 1873,
| the payment of the taxes by the adverse
holder, If any are assessed against the
land, is necessary element in the es-
tablishment of title by means of ad-
verse possession.
Is. F., NO. 22O-Department Two-Filed
September il, 1860
NJ. G. Tonini. respondent; Cerasco and
damages for libel. Affirmed
In actions Of libel language is held
accountable per Sc which would not be
so held in actions of SANDER And where
the libelous meaning Of publication is
apparent upon its face, no averment or
proof of special damage is necessary
| Where the language of an alleged libel
is unambiguous it is the province of the
Judge to determine it's construction, and
where it is capable of two constructions
the jury may determine in what sense
it was used
Is. F., No. 29-Department Two-Filed
September II, 1860
c. p. Robinson, appellant: r. s.
Thornton, respondent. Second appeal
Reversed.
The court erred in attempting to inter-
pret the decision of the appellate court
on the first appeal. The questions of law
arising out of the documentary evidence
which established undisputed facts were
determined by the former decision, but
that decision was not final as to the
question of the defendants adverse pos
session for the statutory period, which
was purely a question of fact to be de-
termined by court or jury upon the
evidence brought before it on subse-
quent trial. Hence, an instruction upon
this point from the court to the jury was
er1 OneOuS.
Grim, No. 16O-In Bank-Fiied Sep
tember II, 1866
Elk parte Leo Stephen, on habeas cor
pus. Selling liquor without a license
Writ dismissed and prisoner remanded
One or more features of an ordinance
may be void, and yet those parts not
thus subject to the vice, and which are
not dependent upon the provisions
which are so subject, will stand unaf-
fected.
After the appellate Jurisdiction Of the
Superior Court has once been acquired,
it's action within the limits of that juris-
diction. unless in direct contravention
Of some positive statute, Is entitled to
all the presumptions Of regularity that
attach to the exercise of it's original ju-
risdiction. The record of the court, act
ing within it's legitimate powers, must
be considered as speaking the truth, and
as conclusive until 1t has been in some
way set aside or vacated. No evidence
can be received to contradict it,
The Board of Supervisors have a
| right to discriminate between persons
| conducting business outside the limits
of their municipality and persons con-
Quoting business within such limits, in
fixing the license taxes to be imposed.
| A provision in an ordinance under
taking to punish precisely the same acts
which are punishable under the general
! law of the State is to be deemed in con-
| filct with such general law, and for that