The Washington times., 1901-11-09

notary or Justice OF the peace is legal
and valid. holds Judge Burke in the Cir
cult Court. Baltimore. Md.
The opening of window. closed only
with wire screen uEan which the win
dow sash rested. is sufficient to consti-
tqte burglarious breaking" holds the
Supreme Court of Kansas in the case Of
State vs.. Herbert 80 Pee Rep. 2s5,. and
the court also held that where an offence
Is committed in the darkness. witness
VINO did not distinguish the features.
Out dld hear the voice OF the one who
committed the offence. may testify that
the defendant was the offender and that
ne recognized him by his voice
A city is liable for injuries to a travel.
er on the street received by a fall on the
sidewalk caused by an accumulation of
clscarded fruit rinds and decayed veRe-
tables thereon. holds the Supreme Court
gI tennessee in the case Of Archer US.
Iown Of johnson City (s4 S. W. Rep, 40.
A person boarded train which no know
was not scheduled to stop at the place Of
his destiration. but which did stop there
sometimes, and always stopped when IL
had passer gers for that place. When the
train reached the place referred TO II
ala stop. and the passenger in getting on
was injured. The railroad company con-
tended that the party had no right to
enter the train for carriage to the place
at "hich II was not scheduled to stop.
ana that he was not legally passenger.
out was a trespasser. The court (Sl-
preme Court Of Michisan), however.
ruled against this contention. and held
tnat as the train did sometimes stop ar
the place the party was entitled to enter
the train and become passenger and
tnat ne could not be placed In the position
he.
notified him that the train would not stop
there- and that he must stop at some
other station before reaching the place,
or go to the next station beyond ,f5;iid,
7o6) ''' : Inn ny Co. . u l. ~
In divorce suit in Pennsylvania, in
which the husband was charged with
cruelty. he offered as a defence that his
wife insisted on keeping Limburger cheese
constantly in the house. much TO mis- am
noyance.
In murder trial in the Indian Terri
tory counsel for the Government. in clos
ing his argument. said: That rooster
Ipointing to the defendantl has been steal
ing cattle and fighting deputy marshals
until he has become a desperate dare
devil and he did not care what he dd.p
Counsel for the defendant objected to this
language and moved to have 1t excluded.
But the court merely directed counsel to
remain in the record on appeal the
Court of Appeals held that the motion OF
counsel for the defendant should have
been granted, since there was no evidence
that defendant had stolen cattle or that
he was a daredevil and evidence of ar
rests for other offences was admissible
only for the purpose of Impeachment of
the defendants testimony.
"A person engaged chiefly in farming"
within the meaning of the bankruptcy act,
is one whose chief occupation or business
is farming; and ones chief occupation o.
business. So far as worldly pursuits are
concerned. is that which is of principal
concern 20 HIM or some permanently in
its nature, which he deems of paramount
Importance to his welfare, and on which
he chiefly relies for his livelihood, or as
the means of acquiring wealth, great or
small.
When defendants tried upon a charge Of
grand larceny. admit the taking. but de-
fend upon the ground that the taking was
in jest, and with the intent to return the
property presently 20 the owner. and the
property so taken is returned to the own
er. the Supreme Court Of Kansas, in the
case of State VS.. Shepherd (66 Pac. Rep,
1866, holds that the defendants are en-
titled to a charge from the court defining
the term "felonious intent, as used in
that the term 'feionious intent, as used
in rela a,ion to larceny, means to deprive
the owner, not temporarily, but perma-
nently Of his property, without color OF
convert it 10 the takers use without the
consent of the owner.
Injunction will not be granted. to re-
strain the collection of taxes on .com-
plainant's property merely hAca anses- they
.
lection was not in the name "A Booth
s Co." but that Of its predecessor, "A
Booth Packing Company, holds the Su-
preme Cou.t of Illinois, in the case OF A.
Booth s; Co VS.. Raymond C61 n. Z. Rep,
E9).
A decree of divorce obtained by wife
upon service by publication without ap-
pearance of defendant. in foreign state,
is bar to an action for alimony in this
State. to be awarded out of his property
here holds the Supreme Court of Nebras-
ka. in the case of Eldred VS.. Eldred (s7
n W Rep BID; and II was further he'd
is dissolved does not relieve the father of
the duty to support his minor children.
ard will not defeat an action therefor
y sheriff, though liable for injuries done
by his deputy. holds the Supreme Court
of California in the case of Nixon VS..
Rauer. (66 &C. Rep. 22D. cannot be charg-
ed in exemplary damages for misconduct
OF scsch deputy, as though he had person.
ally committed the acts.
The writing of the testator's name In a
clause in an Geographic will is sufficient
signature thereto holds the Supreme
Court of California in re Camps estate (e6
Pac Rep, 22D.
sale of mortgage by copartner of
his interest in the partnership assets pass
es TO the purchaser or mortgage only his
share OF what remains after the payment
OF the partnership debts and the adjust
mcnt Of the equities of the partners, holds
the supreme judicial Court OF Maine in
the case of Leader VS.. Plante 90 Alt
Rep, 50.
Deposits made by an insolvent In a
bank within four months before his hank-
ruptcy and applied by the bank TO the
payment of an overdrsft previously made,
are held by Judge ShIras, of the United
States District Court, n. d. Iowa in re
Kellar q10 Fed. Rep, 34S) to constitute
a preference within the meaning of bank
rupt act, 1898, section SIS, which must be
surrendered by the bank before Il can
prove claim against the bankrupt's es-
tate. notwithstanding such deposits and
their application We're in the usual course
of business and without knowledge on the
part of the bank of the insolvency of the
depositor.
The word "Cascara," which is the name
of a drug generally known, cannot be mo-
nopolized as a trade name, but may be
used by anyone in connection with any
preparation, of which 1t is properly de-
scriptive. holds Judge Wing United States
Circuit Court, \. D. Ohio, in the case Of
~. 70