The times., 1900-12-22
LATE LEGAL DECISIONS.

] correspondent in a divorce suit in
Michigan went out of the Jurisdiction of
the court before the hearing of the ease.
in order to avoid being served with a
subpoena, and remained In hiding until
after the proceedings we're over On his
return proceedings were commenced
against him for contempt of court But
it was held by the circuit Judge that his
action did not constitute contempt and he
was discharged. A mandamns was then
asked to compel the circuit judge to set
aside the order of discharge. and 10 i'm
| pose the punishment for contempt But
| the Supreme Court affirmed the decision
of the circuit Judge. and held that no con-
| tempt had been committed. CBroderick vs..
| Genesee. Circuit Judge, 81 N. W. Rep.
129)
| In a bill for divorce in Mississippi
brought by the husband he alleged that
| ne had insured his life in favor of his
| WIFE, but that now. in view Of her unlaw-
| ful conduct. 1t would be inequitabie to
allow her TO retain the insurance in TIE
event he was granted divorce and he
| therefore. asked the court to cancel his
wifes interest in the policy. The lower
| court granted him a divorce and can
/ celed the wife's title to the insurance.
| On appeal. however. the Supreme Court
/ affirmed the decree as to the divorce but
refused to award the policy OF insurance
to the husband, on the ground that the
contract of insurance by its terms con-
, ferred vested interest in the wife. which
could not be revoked. "The court had no
more power" said the Supreme Court,
to take from appellant this poliey-her
property vested by contract-than 10 take
from her anything else that was her ssif
property That would be depriv-
ing her of her property without due pro-
cess of law" (Grego VS.. Gregg, 2s So.
Rep. SlS)
Where railroad company sells mileage
ticket and negligent.y fails to put the cor
rect name thereon. and the conductor on
that account refuses to accept the ticket,
the Supreme Court OF Vermont Holden
VS.. Rutland Railway Company, AZ Atl-,
40S) holds that the railroad company is
liable for damages
In constituting the statute forbidding the
sale Of intoxicating liquors, the Supreme
Court Of Vermont (State VS.. Lotti AZ AtI,
392) holds that the furnishing OF ale and
wine by a boarding house keeper TO his
kcarders as a part c. t5s.r meals is in
effect sale" to them of so much ale and
wine as they drank, and the keeping Of IL
for that purpose is unlawful; and the court
further held that il a person. in his pri-
vate dwelling furnishes man his dinner.
and with IL and as a part of it, intoxicat-
ing liquors, and receives pay for il. such
transaction is a sale of the liquors so fur
nished.
In an action by the United Press against
the New York Press Company to recover
damages for the breach of a contract by
the latter in refusing 10 take news reports,
the Court of Appeals of New York held
that only nominal damages could be reeov-
cred, because there was no definite price
fixed in the contract. and hence there was
no basis for establishing any measure of
damages. The provision OF the contract in
regard to the price and which the court
held to be uncertain and Indefinite. stated
that the price shall not exceed $500 per
week"
A deputy marshal who purposely omits
serving warrants for one charged with IL
legally registering until election day. in
order to prevent his voting. is held by the
Circuit Court S. D., New York, in re
Spoouer n04 Fed. 334) to be guilty of an
offence against the United States stat
utes. We are very clear, said the
court. that it is the intention of the law
that every man shall be arrested just as
soon as he can be if he has committed an
offence, and that no officer should walt
until election day to execute a warrant
On the trial of an action for breach of
promise. in Missouri, the jury gave the
plaintiff $4,000 as punitive or exemplary
damages, on the ground that the defend
ant had become engaged to her in malice.
for the purpose of humiliating her. But
on appeal the Supreme Court held that
mn tive, Il ma aoac ha
in a suit for breach OF promise, and il the
defendant entered his suit in malice. and
not in love, this aggravated the plaintiffs
damages, and she was entitled to recover
compensation therefor, but no punitive
damages. The court said that as far as
they were advised this was the first case
on record for maliciously maintaining a
suit in the courts of Cupid" Another
novel feature in this case was that the
plaintiff insisted on marrying immediate
Iy. without any postponement, even after
the defendant told her that he was TOO
sick to marry at that time, and asked that
the ceremony be delayed The plaintiff
said that she did not believe he was sick
at all, and that he was only feigning sick
ness as an excuse to avoid the marriage.
(Trammell VS.. Vaughn, 80 s. W. Rep, 79)
In Kentucky, If married woman is in
jured by the negligent act of another, the
Court of Appeals in South Coyington,
Etc, Railway Company VS.. Bolt $50 5. ".
Rep, 26), hold that she is entitled to
maintain an action for damages, and that
the same criterion of recovery exists as
to her as to man or single woman.
A policy OF insurance on the life OF the
husband procured by the wife, is held
by the Court of Appeals of Kentucky. in
the case of Metropolitan Life Insurance
Company vs. Smith (59 S. W Rep, 2D,
not to constitute household expenses. The
question arose in an action by the hus-
band to recover from the insurance COM
pany premiums paid the company by
his wife on policy of insurance on his
life which she had procured without his
knowledge. The premiums were paid by
her from money which her husband gave
her for general household or family ex-
penses and the court decided that life
insurance would hardly come under the
head of household expenses. In discuss
ing the practice of issuing policies without
the knowledge or consent of the insured
the court said that it was against public
policy and that in such case as this,
where the policy is issued at the instance
Of the WIFE the practice is to be further
condemned because il has a tendency to
induce n wife to use money for insurance
purposes that ought to be applied TO the
purchase of food and raiinent for the fam
ly, and is likely to produce discord in
he family.
A laborer employed TO load railroad ties
IN barges on the Cumberland River board
I'd steamboat which towed the barges
rom point to point. and went to sleep on
leck near the boilers. During the night,
ind after he had gone to sleep, the steam
lN,sl1 a1.,.ra fIta tarr,ff