The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-09
LATE LEGAL DECISIONS.

A conveyance by n widower who has
entered into a contract OF marriage. which
subsequently takes place. OF portion OF
his land TO his sons by a former marriage
without consideration other than love and
affection. and without the knowledge or
consent of his contemplated wife. Is held
by the Supreme Court of Ohio. In the CO Sc
OF Ward w. Ward co. n. f. Rep. 1OsO. TO
be fraud on her marital rights, and she.
at his death, is entitled to her dover
therein. The reason for the decision is
that during the betrothal the parties stand
in so close and confidential relationship
as to give rise to a duty to exercise the
utmost good faith The intended wife has
the same interest as the husband in the
family establishment and in all that con-
Germs its future support and maintenance.
Such an undisclosed conveyance ia there
fore. Inconsistent with the good faith and
honesty which the relations of the parties
demand
In an action for damages for false i'm
prisonment and malicious prosecution,
brought in Richmond, Va, against a rail-
road company, where the evidence showed
that the company employed detective
agency to investigate certain larcenies
made from its cars, and to find out the
culprit. and that the agency arrested and
imprisoned a man vino was afis-werd ao-
quilted, 1t was held that the detective
agency was not the agent of the railroad
company. and that. therefore, the COM
pany was not liable.
A wife, on leaving her home for alleged
misconduct on the part of her husband,
cannot take from the homestead house
hold goods without his consent. holds the
Supreme Court of Michigan in the case Of
Johnson VS.. Johnson G. bet. L. N, 693).
An agreement or contract entered into
by a municipality with street railway
company by ordinance whereby the COM
pany was granted special rate for city
taxation was held to be valid by the Su-
preme Court Of Michigan In the case of
Detroit Street Railway Company VS.. Com
mon Council q bet. l.. N, SD, and 1t
was further held that contract granting
immunity from taxation to street rail-
way company passes with an assignment
of the property of the company.
The denial of a writ OF habeas corpus by
the Federal courts of one circuit is held
by the United States Circuit Court, in the
case of Carter VS.. McClaughry Q05 Fed.
Rep, 6lfj, not to render the questions de-
termined res judicata, so as to preclude
their denomination by the courts of an
other circuit In subsequent habeas corpus
proceedings instituted therein by the same
petitioner.
Notes signed by both members of a
partnership. which do not purport to be
obligations of the firm, although given by
the partners for money borrowed and
put into the firm as capital, are held by
Judge Purnell Of the United States Dis
trict Court, North Carolina. in the case of
Strause VS. Hooper Cos Fed. Rep. 500.
not provable against the estate of the
partnership in bankruptcy.
Creditors Of an infant In Illinois whose
debts the infant Is entitled to repudiate
at majority cannot have him adjudged an
involuntary bankrupt since they are not
act of 1898, holds Judge KohIsaat, OF the
United States District Court in re Eide
miller Q05 Fed. Rep, $3.50.
Where a wife bought real estate with
the proceeds of a store originally acquir-
ed by gift from her husbands mother,
taking title to the land in her own name,
the Supreme Court Of Iowa, in the case
Of Marshall Field & Co vs. McFarlane
ment creditor of the husband could not
subject the land to the payment of his
debt.
A verdict for $500 damages recovered by
A minor son from a saloon keeper for in
jury to his means of support in conse-
luence of the habitual intoxication of his
father caused by the Illegal sales of in
liquors to him by the saloon
keeper, was affirmed by the Supreme
Court of Iowa in the case of Shull VS..
Arie ts4 N. ". Rep, 103D.
In an action against an administrator
~ physician to recover for professional
services rendered during the last Illness
If person, the Court of Civil Appeals of
Texas go S. w. Rep, 573) holds that the
physician could not testify that he treat
d and prescribed fer deeedent, since this
vas a transaction with the deceased
within the meaning of the statute which
provides that in actions against admin
strators neither party shall testify as
o any transactions with the deceased
lnless called by the opposite party.
The fact that judge before whom
uit is brought is on intimate terms of
with the plaintiff and the plain
IFS father would not disqualify the
Judge from trying the case, holds the
'ourt of Appeals of Kentucky, in the
ase of Sparks VS.. Colson eco s. w Rep.
10. The court said that to hold that such
state of fact would disqualify the judge
rom acting in suit wherein some of
hese parties were remotely or directly
Interested would be ridiculous
In an action for personal injuries the
efendant has no right to demand that
he court examine the plaintiff to deter
line dispute between opposing doctors.
olds the New York Supreme Court. APP
ellate Division, in the case of French VS.
BROOKLYN Heights r. c. (sS ". Y. supp.
~. N'''
A drayman who delivered barrel of
Thisky to the wrong person was held by
he Supreme Court, Appellate Division, in
he case of Som VS.. Smith (6S N Y Supp.
~, to be liable for the value of same.
ince every bailee is bound at his peril
o know that the person to whom he
eivsrs property Is the proper person.
In directing the jury as to the manner
+ determining the credibility of wit
esses. the Appellate Court OF Indiana, in
he case of Wabash Railroad Company
S. Biddle so n. z. Rep. 2S5)), holds that
is error to tell the jury that they
should" consider certain facts, instead
instructing them that they might
onsider these facts
Where statements made about a person
re ambiguous and may impute the crime
Z arson. the Court of Appeals of New
ork, in the case of Warner VS. Southall
o N E. Rep. 800. holds that IT is for the
Try TO say whether they were so in
.nded and understood, and 1t is error for
lie court to hold as matter OF law that
ley are not actionable.