The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-02-03
LATE LEGAL DECISIONS.
Tho LAW ms Laid Down by YnriOus
American Judges.
Compiled for The Virginian.)


An ordinance against animals running
at large In the streets ls held. in Elliott
w. kitchens (Ala!) SO l.. II. A. 1854, to be
inapplicable to a colt three month old
following It's dam when she Is driven
along the street with the colt directly
in front OF her or by her side until Sc
parated from her and chased away by
Il horse running ut large.
An action to enforce liability OF ttus-
tees OF q corporation for failure to make
reports is held, in State Savings bank Va.
Johnson (A1ont.) SO l.. II. a. 552, 10 be for
n penalty within the meaning of the
statute OF limitations. and continuance
in successive years of n default by trus-
tees does not prevent the running OF the
statute against their ability for the
default from the time 1t first occurred.
y bylaw Of 4 savings bank organized
under the general banking law, and the
profits of which belong TO stockholders
and not to the depositors, is held, in
Ackcnhauscn VS.. Peoples Savings bank
tMich.) SO l.. II. a. 40S. TO require the
express or implied assent of Il depositor
before ii can operate to relieve the
bank from liability to pay him his depo-
sit because payment 10 another person
who has forged his name and presented
his book.
Forciblc robbery of city treasurer is
held. In Healdsburg VS. Nlulllgan (Cal)
% l.. X. ~. iil. TO be 4 defense to an ac-
ton and laws of the State make him a
bailee and NOT debtor.
n man who burns his own house Is
held. in People VS.. De Winton (Cal.) SO.
l.. II. a. 374. to be guilty of arson only
when some part of the house at least
was In the possession OF another person.
The California statutes are said to have
changed the common law on this point.
An attempt by an attorney to with
draw his answer and appearance In n di-
vorce case. when made in aVowed hostil-
ity to his client and as an act of retalia
ton for alleged nonpoymeht OF his fees.
was held, In Nickclls vs.. Nickells IN. ID
81 l.. Il. y. 5lj, to be outside the scope
of his authority. and Il Judgment by de-
fault taken after such withdrawal was
set aside.
The r!gh; of jurors to take into ac-
among men in determining the credi-
bility of witnesses is expressly upheld
i'm Jenney Electric company VS.. Bran
ham Und) SIS l.. r. a. 500.
The right of woman deceived into
void marriage with man already mar
ried, TO maintain an action against him
for deceit Is sustained in Morrill, vs..
Palmer tNt) 33 L. r. a. All, and her
cause OF action Is held not to accrue
50 as to start the statute of limitations
to running until she discovers the fraud.
The case OF Payne's appeal Comm 3S
deceived by married woman into as
Stunning the relation of husband to her
by her representations that she Is single,
has no claim against her estate for the
value OF necessarles or presents furnish
Ell by him to her. because the right of
action does not survive. 1t will not sur
vivc on the ground that Il Is II quasi
contract unless the wrongdoer acquired
specific property increasing the assets of
the estate.
The purchase OF goods on credit, in
Swift vs. Rounds Or. ID 33 l.. r.. A. 561,
to render the purchaser liable to an ac-
ton for deceit.
Precautions to prevent injury to third
persons from the escape of gas when n
gas company has notice of a break In its
pipes are held. in Pine Bluff Water Il l..
Co. VS.. Schneider (ArlI) 80 l.. II. a. $3.50,
to be required of the company, which
should either repair the break or cut off
the gas. But the liability of the gas
company in case of an explosion Will de-
pend on the absence of contributory
negligence of the owner OF the property
or his servants If they are negligent in
causing the explosion.
Since no one has n right to operate a
public ferry for toll without authority
from the State, 1t is held in Patterson VS.
Wollman IN. d. 33 l.. r. a. GIG, that
an exclusive franchise may be granted
by county commissioners under authori-
~ of statute to a person who makes
the highest bid therefor. without any
violation of a constitutional provision
requiring equality OF privileges and i'm
munities among citizens.
SWEEPING WAGE REDUCTION.