Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-02
WHAT rHr LAn prcInrs.


Ky. J, 3G l.. r. A, 707, to be entitled
to inherit lands in Kentucky where the
parents live by virtue Of the kentucky
statute legitimating tine issue of the
marriage.
Memoranda made at the time Of the
salo of tickets at the office of a railroad
company, although not hooks of ac-
count, ara held, in State vs.. Brady
Iowa., 36 Il. r. A., GOT, to be admissi
bic IN evidence when properly author
ticated for this purpose of showing
when and what tickets were sold.
The right of a street railway to run
over q bridge built over railroad nj a
highway crossing is sustained in Penn.
sylvania Railroad 90. vs.. Graensburg,
j. & p. st. Railroad Co. PA. J, ;}6 l..
+. a. 800. 1t ia held that the rnilroad
company Ia not an Rhutting owner that
can contest such use OF tue bridge.
AH the law presumes sanity, it is
held, in State vs.. Scott La. J, Sc L. r.
A. 72l, that an accused nerson who
urges bis insanity us defence has the
burden OF proving it. The great num-
ber OF cases on the presumption and
burden OF proof as to sanity are COM
piled in the annexation to the case.
An agreement not to pc performed
within one year, though made in an
other state or country, where il could
DO proved by parOl evidence, is denied
enforcement III iIeaton vs.. Eldridge
%. J, rs l.. II. A. ST., because the statue
| OF that State shows an action on such
contract only when it is in writing.
A Gale by an administrator undor
decree of the Orphan Court to pay a
debt which at the time OF the proceed-
ings was barred ny limitation 10 held,
in Smith vs.. Wildman Ia, J, sc l.. II.
\. S34, to be void for lack of juris.
diction, becauso the existence of the
debt was the basis OF the juriadiction.
a foreign corporation which ia a
special partner in a limited partnership
within the State acting as sole agent
for the corporation 10 this country in
held, in people ex rel. Badische Anilin
" s. Fabrik We, Roberts I N. w. 80 H.
H. A. 7i6, to he doing business within
the State for the purpose of tax on
capital stock employed in tee State.
A denusi. of public moneys ny a
State treasurer in a legally Constituted
depository for public funds in com
| plianco with the law ia held, in BARLEY
vs Meserye Neh, J, 81 l.. H., A. 7i6,
to be in substance and legal effect a
l1an OF the moneys su deposited and he
can deliver the funds 10 his SUCCESSOR
without withdrawing the money and
| giving physical possession thereof.
The validity Of a covenant made in
North Carolina, where the parties are
,lomiciled. by married man to sur.
render all his material rights in his
wife's land in Massachusetts 10 consid
Grafton of her release of dover in his
land after she has been made free
trader, is held, in Poison vs.. Stewart
Mass, }, 80 Il. Il. 4. III, to be gov
erned by the law of North Carolina.
A statute requiring the destruction
| OF peach trees ATTACHED by the yellowH
is held, in State vs.. Main Conn. J, sc
Il. Il. a. 623, to be within the discre.
tion Of the Legislature as an exercise
of the polic5 power The caee also holds
that the constitutiouality OF IL statute
is for the court to ustermine and that
it is the duty Of the Jury to accept the
courts determination thereof in a
criminal cHss.
a State inspector of illuminating oil
who brands it to indicate that he has
| approved it and that il bears the atatu-
tory test, when in fact IL does uot, is
bold in Hatcher VS. Dunn Iowa.. 3G6
l.. h. A. $50, not TO be liable for dam
ages caused by the expulsion OF the oil
il he used du1 care and used instru-
ments furnished and approved by the
proper authorities, ana specially If the
explosion was duo to defective lamp
rather than to the inferior grads of the
oil
An ordinance absolutely prohibiting
railroad company from inclosing its
track in the plated portions of the city,
and providing that such Enclosure shall
be nuisance, was held in Grosaman
vs.. Oakland (Ore, J, 50 II. II. A. 593, to
lie void, although the city charter
confers power to prevent and
restrain nuiaances and declares what
| shall Constitute nuisance. An
notation TO this case reviews the nuu-
erous authorities on the power OF mu-
nicipalitios to dedne, prevent and ahnte
instances.
A Judgment annuling foreclosure pro-
ceedings in an action commenced after
loss OF insured property by fire is
held, 10 Tierney Us. Phoenix Insurance
Co. N. l.. }, 80 L. r. A. 100, TO he
inadmisaible against an insurance COM
pany which was not party to the
action annulling the judgment and
which had no notice thereof, for the
purpose of defeating the effect of the
foreclosure al defence TO claim for
insurance by the mortgager, although
the insurer had proved the foreclosure
TO defeat the insurance.
Police power to prohibit the burial
OF the dead within the limits of the
city is held, in re Bohen (Cal. J, &c L.
| II. a. 6lS, not to sustain an ordinance
prohibiting buriala on lots not already
purchased for that purpose, where the
number of buriais which the ordinance
would still sanction would be greater
than the number it would prohibit. II
ia also hold that the owner OF lot
cannOt he restrained by ordinance from
sailing il for burial PURPOSES, where
the use Of lots in the vicinity for such
purposes lie not forbidden at the time.
An ordinance requiring proper and
suitable Tenders on tho front of electric
cars 10 prevent accident, and making
it unlawful to operate them in the
streets without such tenders. is held in
State OK rel Cape May, ID. b. a. S.
T. II. company We. Cape May IN. j.. \,
36 L. II. a, G53, to be valid exercise
of the power to regulate the use of the
streets. 10 another case of the same
ra ne on page 6lG an ordinance regulnt,
ing tho speed OF euch cars is sustained.
while third case of the same name,
on page G57. sustains an ordinance re ,
| curing such cars to come to full
stop before crossing intersecting streets.
TIE LEAF TO IME.