The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-03-19
SUPREME COURT DECISIONS.
DECISIONS OF SPECIAL INTEREST
IN SAVANNAH.

The City's Position Sustained in the
Ground Rent Lot Cases-The
Court Holds That an Legitimate
Child Cannot Inherit Under n viii
Unless such Is SpeciRcaII Provided
Holders of Fire Insurance Policies
Must Comply with the Terms OF
Their Contracts in Seeking Dam
ages.
The announcement in the Morning News
Atlanta dispatches of the action of the
Supreme Court upon several of the cases
from this circuit was read with interest
by the attorneys and others interested.
Out of the five cases from the Superior
Court reported yesterday. Judge Falli-
CANT was sustained in his decisions in four
cases and reversed in only one. The re-
versal was as much of surprise to the
Judge however. and the attorneys. as IL
ii had been one of the more important
cases. The case was of slight Importance,
being an appeal a suit in justice
court for a small amount. The attorney
who is now put on the losing side by
the Supreme Court has decided to look
up the brief of evidence forwarded and
sec II there was not some important omis-
sion, which he believes to be the case
from the wording of the decision.
Of ten appeals from the Superior Court
recently passed upon by the Supreme Court
Judge Fallgant has been sustained in eight
and reversed in two cases. Three of the
cases in which the decisions of the lower
court are confirmed are of special interest
In Savannah In the ground rent case of
Wells VS.. the Mayor and aldermen, the
city's position IS again sustained by the
court. the old question having been
brought up again in a new form. The head
notes of the decision in this case are of in
terest:
Even IL the municipal authorities Of any
city In this state had prior to the consti-
tuition of 1877, the power by contract with
any of its citizens, to perpetually exempt
property from taxation, before a claim TO
such an exemption could be seriously en-
tertained the existence of such a con-
tract would have TO be clearly and specific
ally shown
1.-THE record In this case fails to dis
close any contract between the city OF
Savannah and the Plaintiffs or any of
their predecessors in title to the land
claimed 90 be exempt from municipal tax
alton. Such a contract will not be implied
from the fact that the marshal of the city
customarily announced, when lands of
like character were exposed for public
sale, that the same were not subject TO
city taxes, nor from the fact that II was
generally understood by the public that
such property would be so exempt nor
+ rom the further fact that for many years
the city never undertook to exercise over
this class Of property its powers OF taxa
ton.
"All other questions presented by tho
record In this case were specifically adiu-
dicated by this court in its decision there
in as reported in 81 Georgia, 397
In the Johnstone-Taliafe rro case the Su-
preme Court holds that the words Child"
and Children" appearing In a deed con-
veying 20 an unmarried female certain
property during her life, and at her death
10 such child or children as she may leave
living at the time of her death, will not
include an illegitimate child OF such fe-
male born several years after making the
deed, unless Il plainly appears from the
language OF the instrument that Il was the
intention of the grantor that an nlegih-
mate child was TO take Hereunder Thee
word ISSUE" used in a subsequent part
OF the deed under consideration In this
present case is TO be given the same mean
ing as the word child or children"
Judge Norwood's decision Is sustained
In the case of Graham versus the Niagara
Fire insurance Company. Mr.. c. f. Gra-
ham, II Will be remembered had a policy
for large amount upon his hotel at Ty-
bee. which was destroyed by fire several
years ago. over year after the destruc-
tion of the hotel Mr.. Graham discovered
a policy In the company named which he
had entirely forgotten, supposng ft to
have lapsed previous to the fire. He made
a demand for payment upon the company.
which was refused, and when the case was
heard In the City Court the decision was
in favor of the insurance company
The Supreme Court upholds Judge Nor
wood and lays down the following prInci-
pies as governing such cases:
"Stipulations In a policy of insurance 10
the effect that no suit or action for the
recovery of any claim by virtue of the
policy should be sustainable in any court
of law or equity unless such suit or ac-
tion should be commenced within twelve
months after the loss OF the property in
sured; that a particular statement Of the
loss should be presented to the company
by the insured at its office as soon there
after as possible; and that payment should
be made sixty days after due notice and
satisfactory proofs of loss had been re-
ceived at the company's office are condi-
tons precedent to a recovery on sucn
policy.
AFTER there has been failure by the
insured to comply with such conditions.
and the time has elapsed within which the
insured has right of action against the
company under the provisions in the pol-
icy, local agent of the company, through
whom application was made and the in
eurance obtained, has not the power to
bind the company by any waiver of any of
the conditions named In the policy fall
ure to comply with which by the insured
had already resulted In forfeiture of his
right of action"
INTERPRETED WITH THE WIRES.