The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-02
LATE LEGAL DECISIONS.

Does an insurance policy having no
special provision on the subject cover the
loss in case where the insured is tried
and condemned in court OF competent
jurisdiction and hanged under order of
the court when he is in fact innocent of
the crime with which he is charged? In
other words. can an action be maintained
on policy of insurance for the death OF
the insured who was hanged by order OF
court, but who was innocent of the
crime? This precise question was recent
~ decided for the first time either in this
country or England, by the United States
Circuit Court of Appeals in the case OF
Burt VS.. Union Central Life Insurance
Company 0o5 Fed Rep. 4is). The court
held that an action could not be main
tanned either the theory that the
policy could be construed to cover such
| risk or even II the policy expressly per
| mitted such a recovery. as in the first
| case the policy would be in effect insur-
| ing against a miscarriage of justice and
would be void as against public policy
and. in the second case. the policy would
| he actually insuring against such mis-
carriage and would be void for the same
reason. Such contracts, said the court
| would be speculations upon whether the
courts would do Justice. They would
| tend to encourage a want Of confidence In
| the efficiency of the courts. They would
| stir UP litigation-litigation that would
| reopen tried issues. They would impress
! the public with the belief that tine results
| of trials OF the sravest kind were so I'M
| certain that the innocent could not escape
| condemnation by jury, and unjust Judg-
| ment by tue court, obtain pardon of
! the executive" The court did not rest
| its decision on the ground that the judg-
ment OF conviction was conclusive as to
! the guilt of the insured, and precluded
any SUBSEQUENT enquiry as to his guilt or
innocence. but based its Judgment on the
ground that contract OF life insurance
written to inquire against a capital con-
Vlction In the established courts of COM
petent jurisdiction. in the event that such
conviction is unjust and unwarranted by
the evidence, is void, as being against
public policy.
A man in California was charged with
having killed another by giving him
whisky, and allowing him an unrestrained
use thereof He was indicted and tried
for murder and was convicted of man
slaughter, but on appeal the Supreme
Court reversed the verdict on the ground
that the evidence was not sufficient. On
the trial the prosecution contended that
the defendant knew the deceased had
such a passion for whisky that his death
would result from an unrestrained use
of it, yet gave IL to him to drink, or
placed it within his reach either for the
express purpose of producing his death,
or wan such carelessness as to constitute
a criminal negligence which would make
him responsible for his death. People VS..
Anderson, g Pac. Pep. 66s)
What constitutes name in law was
discussed by the Supreme Court of Ap-
peaIs of West Virginia in a case where
process using the initials of the person TO
be served was served on the wrong per-
son having the same initials. The court
condemned the practice of using initials
in legal documents, and said: initials
are not name. but only a hasty, care
less substitute for the proper name. A
name is one or more words used to dis
tinguish person. as Socrates or .Benja-
min FranKIIn- Since the days of William
the Conqueror. by the common law, a
name consists of given name, called n
Christian name. because given in Chris
tian baptism, and a surname. which is
the family or patronymic. a middle name
or initial Is in law no part of the name.
though practically it Is sometimes useful
as a means of identification. but it may
be omitted from a document without
prejudice to 1t. The law from William
of Normandy continues as just stated
down to this day
y married woman may maintain an
action, in her own name. for the aliena-
ton of the affections of her husband.
holds the Supreme Court of Vermont, in
the case of Knappvs. Wing "a Att. Rep,
l015l. In deciding this question the court
showed the result that would follow under
the old common law rule holding that the
wife had no legal existence separate from
her husband. IF such an action had
been maintainable." said the court, lit
must have been brought in the husbands
name and a Judgment. If recovered,
would have been for his benefit, because
Of the theory that the wife's legal exist
ance was merged in that of her husband.
and that she no property in his so
,iety and assistance" The court further
held, in this case, that IL was proper to
admit evidence that the husbands aunt.
who was charged with alternating his
ffar had told him that he ShOnld
never have a cent of her property as long
as he lived with his wife.
A sender of a telegram relating to the
purchase of cotton which reads: Accept
offer five three quarters Send tickets
IS held by the Supreme Court of Texas,
in the case of Western Union Telegraph
Company VS.. Turner 100 S. w. Rep. 452)
not to be under duty to notify the COM
Dany'S agent that the delivery OF the mes
sage was necessary to close u contract, as
he language of the message was suffi-
,ient to suggest that it was intended as
he acceptance of an offer involving q
business transaction. and if the company
lesred further information it was its
luty to request it
The giving of instructions by the prose-
ution printed in display type was object
d to by the defendant and assigned as
rror on appeal in the case of Hagenow
IS. People go n. E. Rep. 249 before the
supreme Court of Illinois. But the court
eld that as the instructions were merely
and general Instructions on ques-
ions not involving specific facts, they were
ot of character to injure the defendant.
nd the fact that they We're in display
ype did not constitute error. The court
owever, sustained the ruling in Wright
3. Brousseau (73 ILL.,, 1911. in which the
ractice of understanding instructions was
as well the use of display
ype to call the attention Of the jury to
ONE prominent feature of the case or to
ny fact which might be contested.
A will which was found in box in the
ottom of a trunk, carefully folded, and
trapped in newspaper, around which
ias pinned towel upon which the name
t the testatrix was written, the sheets of
aper on which the will was written being
was objected to in the case OF
VS.. Hundley before the Supreme
curt of Alabama on the ground that the
heets had been torn apart with the in
ention of revoking the will But the
curt held that the removal of the fast
nings of the sheets did not constitute
tearing of the will which would indi-
ate revocation. In order to establish
legal revocation of a will the court held
hat the act of tearing must be accom-
anieti by the intention of reVoking. There
,ust be the act as well as the aniinus
9th must occur. And the mere manual
peration of tearing the instrument does
OF satisfy the law
Where a passenger injured by the negli-
ance of Il railroad company signs a
ritten agreement releasing the company
ON all damages which have accruta